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HomeMy WebLinkAbout1997 Minutes BOWL BOARD OF WATER AND LIGHT PUBLIC NOTICE Schedule of Regular Meetings of the Board of Water and Light Commissioners For the First Six Months of 1997 Regular meetings of the Board of Water and Light Commissioners of the City of Lansing, Michigan,are scheduled to be held at 5:30 p.m.in the Board Room on the Second Floor of the Main Office Building, 123 West Ottawa Street,on the following dates: �1 U 1997 January 28 February 25 March 25 -April 22— 97 Y May 1,4rt.e J-c.r� June 24 :3 c 11.1 In the event a special meeting or rescheduled meeting is held,a notice of same will be posted at 123 West Ottawa Street,Lansing,Michigan,at least 18 hours prior to the time of the meeting. WATEi8UGHT PUBLIC NOTIC E Schedule of Regular Meetings of the Board of Water and Light Commissioners For the Last Six Months of 1997 Regular meetings of the Board of Water and Light Commissioners of the City of Lansing, Michigan,are scheduled to be held at 5:30 p.m.in the Board Room on the Second Floor of the Main Office Building, 123 West Ottawa Street,on the following dates: 1997 July2 Z-`l -Tuesday.A'ej� r _kGt d- August 26 -Tuesday September 23 6-Tuesday October29M -Tuesday Novcmbcr 25 -Tuesday _ December 16 -Tuesday In the event a special mee' g or rescheduled meeting is held,a notice of same will b� posted at 123 West Ottawa Street,Lansing,Michigan,at least 18 hours prior to the time of the meeting. Posted by order of the Board of Water and Light Commissioners in conformity with Act 267,PA 1976. BOARD OF WATER AND LIGHT Mary E. Sova,Corporate Secretary (517) 371-6033 Date of Posting: 6/25/97 In accordance with the American with DisabMes Act (ADA), please cal the Corporate Secretarls Ot>ice at 371-8033 at least three business days prior to a pubfic meeting to request special accommodations such as mobikty, visual, hearing,or other assistance. Page 105 rC I V E D MINUTES OF BOARD OF COMMISSIONERS' MEETIl r 22 LANSING BOARD OF WATER AND LIGHT LAltji �!C CITY CLERK Tuesday,December 16, 1997 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by the Chair,Ernest Christian. Present: Commissioners Aquilina(arrived at 6:00 p.m), Christian, Creamer,Pratt,Royal, and Werbelow. Absent: Commissioners Graves and O'Leary. The Secretary declared a quorum present. The invocation was delivered by Chairman Christian. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES Motion was made by Commissioner Werbelow, seconded by Commissioner Royal,to approve the minutes of regular session held November 25, 1997 and special session of December 11, 1997. The carried unanimously. PUBLIC COMMENTS CHAIRMAN CHRISTIAN ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING. No persons spoke. COMMUNICATIONS AND PETITIONS No communications were received. REPORTS OF COMMITTEES There were no committee reports. Board Minutes Page 106 December 16, 1997 GENERAL MANAGER'S RECOMMENDATIONS =97-12-2 A. Board Meeting Schedule RESOLVED.That pursuant to the provisions in Article II, Section 2.1 of the Board's Rules of Administrative Procedure, the following dates for the regular meetings of the Board of Water and Light Commissioners for the ensuing six(6)months be and is hereby set. 1998 January 27 -Tuesday February 24 -Tuesday March 24 -Tuesday April 28 -Tuesdav Mav 26 -Tuesday June 23 -Tuesday Regular meetings of the Board shall commence at 5:30 p.m. This schedule is subject to change as a result of date conflicts with rescheduled City Council meetings. RESOLVED FURTHER.That a notice of the meeting schedule be published in the Lansing State Journal the week of January 4. 1998. Motion was made by Commissioner Creamer, seconded by Commissioner Werbelow, to approve Resolution 97-12-2. Action. The motion was carried. YEAS: Christian. Creamer,Pratt, Royal, Werbelow NAYS: None ABSENT: Aquilina, Graves. O'Leary 997-12-3 B. Automatic Call Distribution System RESOLVED.That the Aspect Model 10011 Automatic Call Distribution System be purchased for $214,426.00 from Aspect Telecommunications. This system will serve incoming and outgoing customer calling needs for routine and emergency outage operations. The award recommendation is based on a competitive bid evaluation developed by a cross-functional team. Bid evaluation criteria included compatibility with the BWL Unisys Mainframe and Octel VMX 300 voice mail system, technology that will grow with customer needs,and vendor's ability to customize and support a state of the art phone system to serve BWL customers. Other vendors considered with Cintech,Lucent Technologies, Northern Telcom c/o Ameritech, Siemens Rolm and Telcom Communications. Page 107 Board Minutes December 16, 1997 Motion was made by Commissioner Werbelow, seconded by Commissioner Creamer,to adopt Resolution 97-12-3. Discussion. In response to questions raised by the Commissioners, General Manager Pandy gave an overview on how the Automatic Call Distribution System will enhance customer service and improve employee efficiency. Customer enhancements include 1. Reduced wait time in queue(on-hold)and during emergency conditions. 2. Virtually no more busy signals. this new system will handle 100 incoming lines simultaneously, as compared to 31 today. 3. Option to speak to bilingual Customer Service Representative(CSR). 4. Customers will be able to access their account information without engaging a CSR through Interactive Voice Response(IVR). BWL Employee efficiencies: 1. Staffing flexibility for flex-time and home based options. Home based work stations can be activated during emergency conditions. 2. Allows larger volunteer pool to go on-line during emergencies. 3. Provides outbound calling for collections, satisfaction surveys and marketing(up-selling). Action. Following discussion. the motion carried. YEAS: Christian, Creamer, Pratt.Royal, Werbelow NAYS: None ABSENT: Aquilina. Graves, O'Leary #97-12-4 C. Transportation Contract RESOLVED.That the Board approve Amendment No. 1 to C-8514 Transportation Contract("Contract") with Norfolk Southern Railroad(NS)and Canadian National Railway(CN), subject to approval as to form by the BWL's Legal Counsel. The amendment particulars are as follows: 1. The terms of this Contract will be extended 12 months with an expiration date of December 31, 1998. 2. There shall be no minimum volume commitment. 3. The rates wi11 be the same as in the current Contract. 4. The rates will be held firm and free from escalation for the entire amendment period. Motion was made by Commissioner Royal, seconded by Commissioner Werbelow, to approve Resolution 97-124. Discussion. Mr. Pandy reported that by amending this Contract with NS and CN,the BWL will be able to maintain its broad base of potential spot coal suppliers. This Contract serves as a backup to CSX and Grand Trunk and will ensure that spot coal competition is maximized and purchased at the lowest delivered cost possible: Board Minutes Page 108 December 16, 1997 Action. Following discussion, the motion carried. YEAS: Christian. Creamer, Pratt, Royal. Werbelow NAYS: None ABSENT: Aquilina. Graves, O'Leary UNFINISHED BUSINESS Electric Industry Restructuring General Manager Pandy reported that electric industry restructuring principles were reviewed and discussed by the Board at the February 12, 1996 Committee of the Whole meeting. The Commissioners concurred with the principles, but the Board's position was never formalized. He noted that at the Board Retreat held December 11, 1997, Commissioner Aquilina pointed to the importance of having an official Board position on record regarding this issue. In this respect.Mr. Pandy handed out a draft resolution of fundamental electric industry restructuring principles for review and consideration. Following discussion, it was the consensus of the Board to hold action on the resolution until the regular meeting in January. This will give the Commissioners who are not present the opportunity to review it and provide feedback prior to consideration. In response to an inquiry by Chairman Christian, General Manager Pandy and Electric System Control Director Bill Cook reported on California's experience with electric deregulation. Mr. Pandy noted that there are a total of 300 companies registered to sell power in California,and consumers are viewing that as very confusing and overwhelming. The State of California has spent$57 million to try to educate citizens on how they can make choices. He also noted that according to news articles,the savings in electric prices in California are not expected to be as great as anticipated. NEW BUSINESS Pension Conversion Values General Manager Pandy reported that the Board has engaged a second actuarial firm to review the calculations provided to employees who are deciding whether to convert to the new Defined Contribution Pension Plan. The firm, William Mercer, was chosen by an Implementation Advisory Committee that interviewed four companies. Actuaries from the company will double check the lump sum conversion amounts supplied to all participants of the existing Defined Benefit Plan. Those conversion amounts will be the beginning account balances for employees who decide to switch to the new Defined Contribution Pension Plan. Over the past month, errors were found in the way those calculations were made by Gabriel,Roeder, Smith&Co., the actuarial firm that has handled the account for the Defined Benefit Plan. Mr. Pandy elaborated on the three problems that occurred: (1)the erroneous use of gender-based actuarial tables, (2)a rounding problem which affected the examples used for the annual annuities,and(3) the algebraic formula used under one of the methods to determine conversation amounts erroneously underestimated the Defined Contribution conversion amounts for over 400 employees. Page 109 Board Minutes December 16, 1997 Water System Expansions General Manager Pandy reported on the progress of negotiations taking place with Bath Township and DeWitt Township regarding the extension of retail water service to this area. [The Board was first briefed on the background of this issue at their December 11. 1997 Planning Retreat.] A memo from Water Utility Director Clyde Dugan.dated December 16. 1997, regarding follow up on these expansions was handed out. There is tentative agreement between the BWL and DeWitt Township officials on the contribution-in-aid requirement of $642.153. Mr. Pandy noted that there is a possibility of a referendum from a citizen's petition against zoning for the manufactured housing portion of the development in DeWitt. If that materializes, then the question could be on the next general election ballot. In the meantime, the Township is willing to extend the BWL water service area to the north. The revised Service Area will probably include all areas of the Township east of I-127,in addition to the areas currently being served by the BWL. A request by resolution from the DeWitt Township Board for an extension of water service along State Road and an amendment to the Water Service Area is to be sent to our Board at some future date for consideration. Mr. Pandy reported that the Bath Township Board unanimously voted to negotiate an agreement for retail water service with the BWL. The Township is also interested in turning over their existing system to the BWL when appropriate and to have the BWL assume operating responsibility at the earliest convenience. Mr. Pandy noted that staff is working with Bath Township officials to have the agreements finalized for [BWL] Board consideration at the regular meeting in January. General Manager Pandy congratulated Water Utility Director Clyde Dugan and Water Technical Support Manager Sue McCormick for their work on this project. GENERAL MANAGER'S REMARKS Financial Statements The Board received a copy of the(1) Consolidated Financial Statements for water, electric, steam,and general properties,dated November 1997 and(2)Planned and Bonded Capital Projects Status Report as of November 30. 1997. General Manager Pandy noted that normally these reports are sent to the Board in advance of the regular meeting,but because the meeting date was moved up due to the holidays there was not enough time to send them out. General Manager Pandy acknowledged the Board's suggestion made at the December 11. 1997 Planning Retreat relative to producing financial reports that are in a more understandable format. He noted that it will take a couple of months to restructure the reports to show a comparison to a benchmark. Technology for Meters and Traffic Signals General Manager Pandy reported that Electric Transmission and Distribution is piloting the reading of meters via phone lines. Also newv technology is being tested using video cameras on traffic lights to activate traffic signals for turn lanes, turn arrows.etc. From preliminary research, these two projects appear to be economically feasible. Cooperative Development Fund In response to the Board's suggestion from the November 25, 1997 regular meeting,Mr.Pandy reported that he talked to the City about using some of the Cooperative Development Fund monies toward the BWL's purchase of the rail strip property at Haco Drive/Pennsylvania Avenue Complex from Grand Trunk Western Railroad [Resolution 97-11-41. Both Mayor Hollister and Dennis Sykes,Director of Planning&Neighborhood Development, have agreed to this. A resolution will be submitted to the Council in January for action. Mr. Pandy noted that from a total of $88.868 in the Cooperative Development Fund,$48,000 has been spent for collaborative projects with the City, leaving a balance of$40,868 to apply toward the$42,780.50 purchase price. Board Minutes Page 110 December 16, 1997 [Commissioner Aquiline arrived at 6:00 p.m.) Steam Line Update General Manager Pandy reported that the BWL's steam line to serve General Motors' (GM)Body Plant, Fabrication Plant and Craft Centre is working very well. The new steam service is currently supplying steam at a rate of about 100.000 pounds per hour while all components of the new steam supply system are checked out. GM will supplement that with steam from their own boilers until everyone is satisfied the system is operating correctly. Ultimately, more than I million MLB's of steam per year will be delivered to GM through the new steam line. Project cleanup work. involving landscaping and sidewalks,is also being completed. Ottawa Station Development Project General Manager Pandy reported that with the January 1 deadline approaching for Thomas J. Coates to report his findings on the Sonv market research, he attempted to contact Mr. Coates but was unsuccessful in reaching him. Mr. Pandy indicated that he and Commissioner Christian will continue to follow-up with Mr. Coates and will report back to the Board in January. REMARKS BY COMMISSIONERS Commissioner Werbelow remarked that he clipped the following articles on deregulation from the WALL STREET JOURNAL: "Montana Power to Sell Assets in Generating,"December 10. 1997. and"The Outlook- Pick a Power Supplier? Many Aren't Interested,"December 15. 1997. Copies are on file with the Corporate Secretary. Commissioner Pratt inquired if a response has been received from customer James Strouse as a result of the Board's letter relative to the October 27. 1997 ice storm and associated damage to his trees. Bill Cook. Director of Electric System Control. responded that staff is working closely with Mr. Strouse to resolve his concerns to his satisfaction. Commissioner Aquilina stated that her lateness in arriving for the Board meeting was due to a court matter she is representing_ PUBLIC COMMENTS CHAIRMAN CHRISTIAN ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. BWL employee. Robert(Bob)Murphy,Parts Controller in Electric Production Maintenance,addressed the Board regarding a v.arehouse inventory project("project")in which he has been involved. He remarked that he and several employees in Electric Production Maintenance feel that the combining of inventories of Production Maintenance and the Stores Department may not be in the best interest of the BWL. Page 111 Board Minutes December 16, 1997 General Manager Pandy responded that Mr. Murphy's approach of bypassing management and going directly to the Board is an inappropriate forum. Mr. Pandy added that to his knowledge Mr. Murphy has not brought this matter to the Directors who are responsible for that area. Mr. Pandy indicated that since this is a matter that needs to be addressed by management, he would investigate Mr. Murphy's concerns and report back to the Board. EXCUSED ABSENCES On motion by Commissioner Creamer, seconded by Commissioner Royal, the absences of Commissioners Graves and O'Leary were excused. Adopted unanimously. ADJOURNMENT On motion by Commissioner Werbelow, the Board adjourned at 6:17 p.m. Mary E. S a, Secretary Filed: December 22, 1997 Marilvnn Slade, City Clerk _ - � �.�.� ��. ���. iv- uv ..v v. v... L. u Liv .LL ..v- .�i i J i uLUJ ll'YJJLU 1-PIl7L• G/J Page 103 (REVISED) MINUTES OF BOARD OF COMMISSIONERS'SPECIAL MEETING LANSING BOARD OF WATER AND LIGHT Thursday,December 11,1997 The Board of Commissioners met in special session at 5:05 p.m.,at the Holiday Inn South Convention Center,Ballroom B, 6820 S. Cedar Street,Lansing,Michigan. The meeting was called to order by the Chair,Ernest Christian. Present: Commissioners Rosemarie Aquilina,Ernest Christian,Charles Creamer, Joseph Graves,Jr.,David O'Leary,Peter Pratt,Diane Royal and Judson Werbelow. Absent: None Others Present: General Manager Joseph Pandy, Staff Attorney Larry Wilhite,Communications Director John Strickler, Corporate Secretary Mary Sova,Developer Joel Ferguson of Capitol Outlook,L.L. C.,and Attorney Patrick Reid of Reid&Reid. A quorum of the Board was present. Chairperson Christian called the meeting to order at 5:05 p.m. The purpose of the special meeting was to consider an Option to Purchase Agreement for the sale of the Board of Water and Light main office building at 123 W.Ottawa Street and 221 N. Capitol Avenue parking lot to Capitol Outlook,L. L. C. Upon review and discussion on the terms of the Option to Purchase Agreement submitted to the Board of Commissioners at the meeting, the following resolution was offered: Motion On motion of Commissioner Werbelow, seconded by Commissioner Graves, that the following resolution be approved: 97-12-1 Option to Purchase Agreement with Capitol Outlook,L.L.C. RESOLVED,That the Board of Water and Light enter into an Option to Purchase Agreement with Capitol Outlook,L.L.C. in the form submitted to the Board of Commissioners for the sale of Board of Water and Light property located at 123 W. Ottawa Street and 221 N. Capitol Avenue,with the changes in Section(6)as discussed. RESOLVED FURTHER,That the General Manager and Corporate Secretary be authorized to execute the Option to Purchase Agreement on behalf of the Board. Discussion General Manager Pandy noted that a$50,000.00 payment for the option has been received. Following discussion,the motion was carried. YEAS: Aquilina, Christian, Creamer, Graves,O'Leary,Pratt,Royal,Werbelow NAYS: None ABSENT: None 11.! CJ1 LLL. - -1 1"- WI-IILI IX Ltl'] ILA- IlV• lJlf J Jf 1-OGYJ.7 -Wl477C0 rF'11:L• .3/.� Page 104 Speci, card Meeting Minutes December 11, 1997 ADJOURNMENT On motion by Commissioner WerbeloW.seconded by Commissioner Pratt,the Board adjourned at 5:25 p.m. Isl Mary Sova, Secretary Filed: December 12, 1997 Afarilynn Slade, City Clerk BOARD OF WATER AND LIGHT VO Box 13007, Lansing,MI 48901 [I 11'ill 111Z I I WATERb'cL m FAX Date: Friday,Dec 12, 199:3: o ' E' Number pf pages including covcr shcct: To: City Clerk Marilynn Slade From: Mary Sava Mayor's Office Phone: Pbonc: Fax: 483-6066 Fax phone: (517)371-6203 CC: REMARKS: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment Please discard the Board Meeting minutes filed with your office today 12/12/97 and replace with this "Revised"copy_ Thank you. Page 103 MINUTES OF BOARD OF COMMISSIONERS' SPECIAL MEETING:"; LANSING BOARD OF WATER AND LIGHT ,,, Thursday,December 11, 1997 The Board of Commissioners met in special session at 5:05 p.m.,at the Holiday Inn South Convention Center.Ballroom B. 6820 S. Cedar Street,Lansing,Michigan. The meeting was called to order by the Chair, Ernest Christian. Present: Commissioners Rosemarie Aquilina,Ernest Christian, Charles Creamer, L},, Joseph Graves, Jr.,David O'Leary,Peter Pratt,Diane Royal and Judson Werbelow. AUJei-t: None Others Present: General Manager Joseph Pandy, Staff Attorney Larry Wilhite, Communications Director John Strickler. Corporate Secretary Mary Sova,Developer Joel Ferguson of Capitol Outlook,L. L. C.,and Attorney Patrick Reid of Reid&Reid. A quorum of the Board was present. Chairperson Christian called the meeting to order at 5:05 p.m. The purpose of the special meeting was to consider an Option to Purchase Agreement for the sale of the Board of Water and Light main office building at 123 W. Ottawa Street and 221 N. Capitol Avenue parking lot to Capitol Outlook.L. L. C. Upon review and discussion on the terms of the Option to Purchase Agreement, the following resolution was offered: Motion On motion of Commissioner Werbelow, seconded by Commissioner Graves, that the following resolution be approved: 97-1?-1 Option to Purchase Agreement with Capitol Outlook,L.L.C. RESOLVED. That the Board of Water and Light enter into an Option to Purchase Agreement with Capitol Outlook, L.L.C. for the sale of Board of Water and Light property located at 123 W. Ottawa Street and 221 N. Capitol Avenue with the changes discussed. RESOLVED FURTHER,That the General Manager and Corporate Secretary be authorized to execute the Option to Purchase Agreement on behalf of the Board. Discussion General Manager Pandy noted that a nonrefundable deposit of$50,000 has been received,which provides Capitol Outlook,L.L.C. an exclusive option to purchase the property. Following discussion,the motion was carried. YEAS: Aquilina, Christian, Creamer, Graves,O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: None Paee 104 Special Board Meeting Minutes December 11, 1997 ADJOURNMENT On motion by Commissioner Werbelow. seconded by Commissioner Pratt, the Board adjourned at 5:25 p.m. Mary Sova, retary Filed: December 12. 1997 ,llarilmn Slade, Citv Clerk WATER&LIGHT N O T I C E SPECIAL BOARD MELTING December IL 1997 - 5:00 p.m. Holiday Inn South Convcntion Ccntcr (Ballroom B) A Special Meeting of the Board of Water and Light Commissioners of the City of Lansing, Michigan, is scheduled for Thursday, December 11, 1997 at 5:00 p.m.. The meeting will be held at the Holiday Inn South Convention Center (Ballroom B), 6820 S. Cedar Street, Lansing, Michigan. Purpose: To consider the sale of the 123 W. Ottawa Street Office Building and 221 N. Capitol Avenue Parking Lot. Certified by: Mary E. Sova Corporate Secretary Post: 12/10/97 In accordance with the American with Disabilities Act(ADA),please call the Corporate Secretary's Office at 371-6033 at least 24 hours prior to a public meeting to request special accommodations such as mobility, visual, hearing, or other assistance. Distribution: Commissioners City Clerk J.Pandy City Council Office Executive Staff Mayor's Office Security Main Lobby Bulletin Board Page 92 MINUTES OF BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT Tuesday,November 25,1997 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing, Michigan. The meeting was called to order by the Vice Chair,Diane Royal. Present: Commissioners Aquilina, Graves, O'Leary, Pratt, Royal,and Werbelow. Absent: Commissioners Christian(out of town)and Creamer(out of town). The Secretary declared a quorum present. The invocation was delivered by Vice Chair Royal. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES Motion: On motion of Commissioner Werbelow, and seconded by Commissioner O'Leary, the minutes of special session of October 14, 1997 and regular meeting of October 27, 1997 were unanimously approved. PUBLIC COMMENTS VICE CHAIR ROYAL ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW,OR AT THE END OF THE MEETING. No persons spoke. COMMUNICATIONS AND PETITIONS A thank you letter to Commissioners and staff from former Commissioner John Strolle was received. Placed on file. A letter from Jack Down regarding a billing matter was received. General Manager Pandy stated that staff has been in contact with Mr. Downs to resolve his concern. Page 93 Board Minutes November 25, 1997 REPORTS OF COMMITTEES 97-11-1 Committee of the Whole Report The Committee of the Whole met on November It, 1997, at 5:30 p.m.,to receive staff reports on the follo«ing matters: 1. Ottawa Station 2. Electric Deregulation 3. Minority Contracting 4. Steam Pipeline to General Motors' Plant#6 5. Ice Storm of October 27. 1997 6. Other matters that may come before the Committee of the Whole Present were Commissioners Rosemarie Aquilina,Ernest Christian, Charles Creamer, Joseph Graves, Jr., Diane Royal, Dave O'Leary, Peter Pratt, Judson Werbelow. Main Office Building Sale Update. Developer Gary Granger of Capitol Annex, L.L.C. presented an update on the status of negotiations with the State of Michigan for space to relocate offices for the House of Representatives. Mr. Granger displayed schematic drawings of a proposed renovated facade of the Board of Water and Light(BWL) office building at 123 W. Ottawa Street. Requests for proposals were opened by the State on October 28, 1997. The Board is awaiting confirmation that the developer has a firm tenant and formally committed to move into the main office building. Mr. Granger indicated that a decision on the State's site selection is expected by the end of November. Decommissioning and Potential Development of the Ottawa Plant. General Manager Pandy distributed to each Commissioner a printout of bid results on the RFP for the demolition/salvage of plant equipment and environmental cleanup for the Ottawa Station Development Project. Mr. Pandy and Technical Sen-ices Director John Elashkar responded to questions concerning staffs preliminary analysis of four alternatives relative to decommissioning the plant. Following lengthy discussion,the Committee then directed the General Manager to prepare a recommendation for the award of the best evaluated bid for equipment removal and salvage. This item will be placed on the agenda for Board consideration at the November 25, 1997, regular session. Electric Deregulation. Electric System Control Director Bill Cook updated the Commissioners on electric utility deregulation events since his last report on restructuring in October. He reported that the Michigan Public Service Commission(MPSC) recently issued orders in six contested cases to continue the process for introducing competition into the Michigan electric market. Each Commissioner received a copy of an analysis affecting deregulation. comparing key issues between Senator Dunaskiss' Draft 10 legislation, the MPSC Plan, and HB 5245 (Representative Alley). Mr. Cook responded to questions relative to municipal utility concerns. A newly published BWL brochure entitled,"Electric Utility Deregulation. Are you Ready to Choose?"was handed out. Minority Contracting. General Manager Pandy and Treasurer/Controller Dana Tousley presented an oven-iew of purchasing activities including minority/women/handicapper owned business enterprises by the BWL Purchasing Department. Mr. Tousley reported that the BWL Purchasing Department is committed to: (1)fair and equal purchasing practices. (2)advocating opportunity for minority suppliers,and(3)outreach activities, including meeting new minority suppliers. At the request of Commissioners Graves and Creamer, staff was asked to provide information that benchmarks how the BWL compares in minority contracting with other utilities of like size. It was suggested by Commissioner Graves that consideration be given to identifying minority suppliers in the BWL's purchasing practices(i.e. suppliers to indicate their status on bids). Board Minutes Page 94 November 25, 1997 Steam Pipeline Project. General Manager Pandy distributed to each Commissioner a schedule and a detailed project status report on General Motors' 20-inch Steam Main Project. A progress schedule as of November 10, 1997, was reviewed. One of the last steps in the construction process will be the"steam blow," scheduled to occur on November 29, 1997. Steam Utility Director Joette Woodard-Yauk was present to respond to questions from the Commissioners concerning the project schedule with Pipe Systems and project cost estimates. In the near future, staff will be reporting on where the project stands financially. Storm Restoration Report. General Manager Pandy presented an overview of the October 27, 1997, storm damage to the BWL electric system. The Commissioners were provided with copies of letters of complaints and compliments relative to BWL response to the storm. The negative and positive findings on the BWL's storm restoration performance,based on a post-incident debriefing held by staff,were detailed by Mr. Pandy. It was noted that 23.000 (24%)customers were out of service at the peak,45,000(48%)customers experienced some form of service interruption, and wire down"reports totaled 1400 as compared to 300 in the March, 1997, ice storm. Teams are working to improve the BWL processes and performance. Recommendations will be forthcoming to the Board for consideration at a future meeting. The Commissioners and Mr.Pandy acknowledged the employees' dedicated efforts for their willingness to work long and exhausting hours attempting to restore power as quickly as possible to all customers. Pension Conversion Values. General Manager Pandy reported that an overstatement was discovered in conversion value calculations for female employees. As a result, employees are being given additional time to decide whether to convert to the new defined contribution retirement plan. The decision to extend the window period resulted from the discovery that the actuarial firm that calculated the conversion values used gender-based actuarial tables, which overstated those amounts for approximately 170 female employees at the BWL. Treasurer/Controller Dana Tousley was present and provided details of the error and responded to questions from the Commissioners concerning gender-based actuarial tables for pension benefits. Respectfully submitted, Peter Pratt, Chair Pro Tern COMMITTEE OF THE WHOLE Motion: On motion of Commissioner Werbelow, seconded by Commissioner O'Leary, the Committee of the Whole Report was unanimously approved. #97-11-2 Finance Committee Report The Finance Committee met on November 11, 1997, at 4:30 p.m.,to review the audit of the BWL Annual Financial Statements for 1996-97. Present were Commissioners Ernest Christian, Charles Creamer,Diane Royal, and Judson Werbelow. Also present were General Manager Joe Pandy, Treasurer/Controller Dana Tousley, Internal Auditor Kellie Willson. General Accounting Manager Dave Cluley,Budget and Finance Analysis Supervisor David Fishback, and Corporate Secretary Mary Sova. Terry Fuller and Tom Zielecki,who represent the firm of Deloitte&Touche LLP were in attendance to present the independent audit report. Mr. Fuller is a managing partner in the firm and Mr. Zielecki was the audit manager. Mr. Fuller reported that the audit report expresses a clean,unqualified opinion on the BWL's financial statements. In addition,there were no material weaknesses noted in procedures or controls. Following the presentation on the audit, a question and discussion period was held. Issues identified for further discussion at a future meeting included: Page 95 Board Minutes November 25, 1997 • Cash Reserves • Deferred Compensated Absences • Health Care Liability_ • Investment Policy • Unbilled Revenue The Committee then met with the external auditors privately as is customary. Respectfully submitted, Diane Royal, Chair Fr:\ANCE COMMITTEE Motion: On motion of Commissioner Graves, seconded by Commissioner Aquilina, the Finance Committee Report was unanimously approved. GENERAL MANAGER'S RECOMMENDATIONS #97-11-3 Coal Supply Agreement RESOLVED.That the Board enter into a Coal Supply Agreement("Agreement")with Venture Fuels, ("Seller")a partnership of NERCO Coal Sales Company and Midwest Energy Resource Company for the supply of Western Powder River Basin("PRB")coal to be used at the BWL's Eckert Station, subject to approval as to form by the BWL's legal counsel. The Agreement particulars are as follows: 1. The term of the Agreement will be from January 1, 1998 through December 31, 1998. 2. The Seller will provide up to 500,000 tons of PRB coal from its Antelope Mine located in Wyoming. 3. The Seller will arrange all of the transportation logistics for delivery to Eckert Station. 4. The purchase price for the tonnage sold and delivered by Seller shall be$23.88 per net ton F.O.B. Eckert Station and shall be fixed for the entire term of the Agreement. This equates to a delivered price of$1.357 per mmBtu based on a guaranteed 8,800 Btu/lb coal quality. -------------------- By entering into this Agreement with Venture Fuels,BWL will be able to further reduce the delivered cost of fuel to Eckert Station. The delivered fuel cost reduction(for those units able to utilize the PRB coal)equates to 17.4%on a cents/mmBtu basis below the current eastern U.S. coal being burned at Eckert Station. These fuel cost savings will be passed on directly to BWL electric customers through the Energy Cost Adjustment clause. Motion: On motion of Commissioner O'Leary, seconded by Commissioner Graves, Resolution 97-11-3 was approved. YEAS: Aquilina, Graves.O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: Christian, Creamer Board Minutes Page 96 November 25, 1997 97-11-a Purchase Rail Strip Property at Haco Drive through Penn/Hazel Complex RESOLVED- That the following described property known as the Lansing Connecting Railway be purchased from the Grand Trunk Western Railroad in the amount of$42,780.50. "All Grand Trunk Western Railroad Inc.'s former Lansing Connecting Railway, so called, situated in the Southwest Quarter of Section 15 and the Northwest Quarter of Section 22, T4N. R2W, in the City of Lansing, County of Ingham, State of Michigan,being more particularly described as irregular in width and alignment, lying northwesterly of Grand Trunk Western Railroad Inc.'s regular operating right-of-way, said operating right-of-way being 100 feet in width. as measured perpendicularly, 50 feet either side of the centerline of said Railroad's westward Main Track; thence northwesterly across Pennsylvania Avenue, Hazel Street and St. Joseph Street to the easterly right-of-way line of the former Pere Marquette Railroad. now the Chessie System, sidetrack right-of-way which is in a north and south direction." -------------------- The Grand Trunk Western Railroad is in the process of selling excess properties including this parcel recommended for purchase. Portions of this parcel bisects the existing BWL Hazel Street/Pennsylvania Avenue Complex and runs adjacent to the existing BWL Haco Drive facilities. Our intent is to retain and consolidate these portions with our existing properties and to sell the balance to the adjacent property owners. An appraisal completed on September 27, 1996 estimated the fair market value of the subject property at$56,000.00. By Resolution No. 435 the Lansing City Council concurs with the purchase of this property. Motion: On motion of Commissioner Werbelow, seconded by Commissioner Graves,to approve Resolution 97-11-4. Discussion In response to Commissioner Werbelow's question on how much property is involved, General Manager Pandy said that the property is a long strip of land totalling several acres. It begins at Haco Drive and moves through the Penn/Hazel complex before moving north on Hosmer Street, ending near Kalamazoo. The area is being paved over and will be used for parking or some other useful purpose at the complex. Portions outside the complex and not needed for BWL use will be sold. Commissioner O'Leary pointed out that the purchase of the rail strip property is an economic development project that will benefit the City. He inquired if the balance of$32,000 from the Cooperative Development Fund, established by the City and the BWL to provide money for economic development, could be used for this purpose. (In the General Managers cover memo, dated November 20, 1997, it was reported that the Fund was established by the City of Lansing and the BWL to provide money for economic development from the proceeds of the 1995 sale of property at 6551 S. Pennsylvania Avenue--which property the City had conveyed to the BWL for$1.00). General Manager Pandy stated that he would discuss this suggestion with the Mayor for possible consideration. Following discussion,the motion was carried. YEAS: Aquilina, Graves, O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: Christian, Creamer Page 97 Board Minutes November 25, 1997 #97-11-5 Demolition and Removal RESOLVED, That a Contract be awarded to SCS Group, Inkster, MI, in the amount of$2,686,000 for the demolition and removal of the equipment and materials contained in the Ottawa Station. This recommendation is based on SCS Group providing the best overall evaluated bid to complete the work by September 1. 1998. -------------------- Other bidders were as follows: Dore&Associates. Contracting, Inc. $2,765,200 Louisiana Chemical Dismantling Co. $3,406,000 Cleveland Wrecking Co. $3,662,447 Adamo Demolition $4,150,000 Bierlein Companies, Inc. $4,435,174 DEMCO $4,446,000 Olshan Demolishing $4,780,000 Ciminelli Services Corp. $5,126,000 The Ottawa Station has been retired for several years and efforts have been in progress to develop the building into a multi-use facility to benefit the Greater Lansing area. Delays in the development process have increased concerns about deterioration of the large quantities of asbestos contained in the facility and the associated clean-up costs and risks for employee exposure. In addition,the cost to complete the equipment demolition and removal work required for development will increase in the future. Based on these concerns, it is recommended that the equipment demolition and removal work be completed now rather than in the future. The differences in the bid amounts are attributed to the amount of time each bidder spent inspecting the facility and their accuracy in estimating the quantities of asbestos present and the salvage value or potential sale of the equipment and materials. Motion: On motion of Commissioner Werbelow, seconded by Commissioner Pratt, to approve Resolution 97-11-5. Discussion In response to questions raised by the Commissioners relative to equipment demolition and removal work, Technical Services Director John Elashkar reported that cranes will be used inside the Ottawa facility for the cleanup project. Access to the top floors of the facility will be through stairs and two elevators. Following the equipment demolition and removal, all that will remain inside the plant will be two elevators and a set of stairs for access to the top floors. In essence,the building will be as an empty shell. The plant's chimney will also remain, except that its 4-inch cement lining will be scraped and removed. Mr. Elashkar reviewed the criteria used to evaluate the bids. Following discussion, the motion was carried. YEAS: Aquilina, Graves,O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: Christian. Creamer Board Minutes Page 98 November 25, 1997 #97-11-6 Board of Water and Light 401A Plan (ICMA) RESOLVED, That effective November 30, 1997, the RC-administered 401 Plan(ICMA plan number 8824) titled BOARD OF WATER&LIGHT 401A PLAN is amended and restated as a zero percent money purchase plan. The Plan will thereafter provide for a zero percent rate of employer contributions and will be maintained solely for the purpose of receiving rollover distributions or transfers from a qualified trust. FURTHER RESOLVED,That participants in the BOARD OF WATER&LIGHT 401A PLAN must elect. in writing,between January 5, 1998 and January 30, 1998 to either leave their account balance as of November 30, 1997 in the BOARD OF WATER&LIGHT 401A PLAN or have their balance transferred to the Lansing Board of Water and Light Employees'Defined Contribution Pension Plan. The amount transferred to the Lansing Board of Water and Light Employees'Defined Contribution Pension Plan would consist of the balance as of November 30, 1997 plus earnings thereon and less any losses through the date that the transfer is made. Any participant who fails to make a written election on or before January 30, 1998 will be deemed to have elected to leave his or her balance in the BOARD OF WATER&LIGHT 401A PLAN. -------------------- Currently exempt emplovees(not eligible for overtime)receive a 3%contribution into the 401A money purchase plan administered by ICMA. This resolution allows exempt employees to choose between two providers for their money purchase plan. Effective December 1, 1997, all future BWL contributions to this plan will go into the new defined contribution plan administered by Prudential. Employees may choose to transfer their balances from ICMA to Prudential or leave their balance in ICMA. Motion: On motion of Commissioner Werbelow, seconded by Commissioner O'Leary, Resolution 97-11-6 was approved. YEAS: Aquilina, Graves, O'Leary, Pratt,Royal, Werbelow NAYS: None ABSENT: Christian, Creamer UNFINISHED BIISMSS Resolution#97-11-7 1996-97 Audit Report Item tabled at the regular meeting of October 27, 1997 WHEREAS, copies of the 1997 audit reports for the Board of Water and Light and for the Plan for Employees'Pensions of the Board of Water and Light and a copy of the report on the system of internal control were filed with City of Lansing officials by Deloitte&Touche,LLP on September 22, 1997. WHEREAS, the audit report for the Board of Water and Light and the report on the system of internal control has been received and reviewed by the Finance Committee. The auditors found no significant items that warranted submission of a management letter. WHEREAS, the 1997 audit report for the Plan for Employees'Pensions has been received and reviewed by the Pension Plan Trustees. Page 99 Board Minutes November 25, 1997 RESOLVED, That the Corporate Secretary be directed to file copies of both audit reports and the report on the system of internal control with the State Treasurer as required by law. -------------------- Publishing a condensed copy of the Board of Water and Light audit report in The LansMg State Journal is not required by law. However. it may be done at the discretion of the General Manager. -------------------- Motion: On motion of Commissioner O'Leary, seconded by Commissioner Aquilina, to approve Resolution 97-11-7. Discussion In response to Commissioner Werbelow's question relative to the statement above regarding the General Manager's discretion to publish the audit report, General Manager Pandy stated that the Rill audit report is no longer published in The State Journal because it has not been of interest to our customers. He noted that in recent years, a copy of the annual report called the BWL OWNER'S MANUAL has been inserted in The State Journal. Communications Director John Strickler interjected that the OWNER'S MANUAL will not be published this year. In its place, a condensed financial report will be available on request to anyone who is interested in this information. Copies of the audited financial statements are also available on request. Mr. Strickler commented that a BWL survey indicated that the majority of customers were not reading the OWNER'S MANUAL, thus the expense to produce and distribute the manual did not justify the cost. Following discussion,the motion was carried. YEAS: Aquilina, Graves, O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: Christian, Creamer NEW BUSINESS Developer Joel Ferguson, 1341 Cambridge,Lansing, and partner of Capitol Outlook, L.L.C.,briefed the Board on the process that has evolved since 1995 when the first offer to purchase the 123 W. Ottawa Street main office building and associated parking lot on 221 N. Capitol Avenue was made for the purpose of converting the property into a State legislative office building. Mr.Ferguson reported that he has secured an option to purchase the former Comerica building on 200 N. Capitol Avenue(across the street from the BWL Main Office Building). His group plans to connect the two buildings with a bridge and remodel and re-skin both buildings to make up the 225.000 square feet needed to house both legislative parties. With the previous offer now expired as of June 30, 1996, a new preliminary Purchase Agreement reflecting the following changes,according to Mr. Ferguson, has been submitted to the Board for consideration: 1. Financing for the development has been secured, thus the financing contingency is eliminated. 2. The amount of the Earnest Money is non-refundable if the Purchaser does not move this transaction forward after necessary approvals have been received. 3. Closing Date language has been modified to stipulate that this transaction is to close within 30 days after both parties satisfy all contingencies set forth in the Agreement. The Agreement terminates if it is not closed within 90 days after Council approval as opposed to a date certain. Board Minutes Page 100 November 25, 1997 Mr. Ferguson stated that he and his partner. Gary Granger,feel confident that their group, Capitol Outlook L. L. C._will be selected by the legislature as the preferred site for a new State legislative office building. Because time is of the essence during negotiations, he urged the Board to place this transaction on a priority track and to authorize the filing of the new preliminary Purchase Agreement with the City Clerk so that it can be placed on the Council Agenda as quickly as possible. This would set the 30-day clock for a public hearing, and the Council would then be able to consider this transaction as early as January, 1998. The Board reviewed and discussed two draft resolutions and after lengthy deliberation, the following resolution was considered: 997-11-8 Sale of Main Office Building WHEREAS. the Board on March 28, 1995 passed Resolution No. 95-3-11 declaring that parcels of property located at 123 W. Ottawa Street and 221 N. Capitol Avenue were no longer necessary to the operation of the B WL. and WHEREAS. Capitol Outlook.L. L. C. has expressed an interest in purchasing the parcels of real property; and WHEREAS, the BWL has expressed an interest in selling the parcels of real property to Capitol Outlook, L. L. C.. and WHEREAS, time is of the essence and certain terms of the transaction remain to be established through subsequent negotiations: and WHEREAS, the parties desire to enter into a preliminary agreement which will evidence their respective good faith intentions to undertake the transaction. BE IT RESOLVED_ That the General Manager and Corporate Secretary are authorized to enter into an exclusive option for the sale of real estate parcels located at 123 W. Ottawa Street and 221 N. Capitol Avenue to Capitol Outlook_ L. L. C. FURTHER RESOLVED,That the Chair of the Board shall appoint a committee,with appropriate staff support.. to negotiate the terms and conditions of the sale of these parcels to Capitol Outlook,L. L. C. FURTHER RESOLVED,That subsequent to satisfactorily completing negotiations, the General Manager and Corporate Secretary are authorized to enter into a contract for the sale of such property in such form as approved by the Staff Attorney, subject to final approval by the Board of Commissioners and the Lansing City Council in accordance with the Lansing City Charter. Motion: On motion of Commissioner Aquilina, seconded by Commissioner Graves, to approve Resolution 97-11-8. Discussion In response to questions raised by Commissioners Werbelow and O'Leary, General Manager Pandy and Staff Attornev Wilhite clarified that the intent of the resolution is for the Chair to appoint a committee comprised of Commissioners and staff to negotiate the terms and conditions of the sale to Capitol Outlook,L.L. C. Following a brief question and answer period, it was clearly understood that whatever the special committee negotiates, it is subject to final approval by the Board and the Lansing City Council. Mr. Wilhite noted that City Page 101 Board Minutes November 25, 1997 ordinance on disposition of real property requires a public hearing at least one week prior to City Council action on the issue of sale. He also pointed out that the City Charter requires that complete documentation on the details of the sale be on file in the City Clerk's Office at least 30 days prior to the public hearing. Commissioner O'Leary pointed out that only two Commissioners who were involved with negotiations on the main office building offer in 1995 remain on the Board. Since that time, six new Commissioners have been appointed. He noted that the newer Commissioners should have the opportunity for input in this important decision. Once the special committee reaches agreement with Capitol Outlook,L. L. C.,a special meeting of the Board could then be called for final Board approval of the Purchase Agreement. Following lengthy discussion, the motion was carried. YEAS: Aquilina, Graves,O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: Christian, Creamer Special Committee Appointments The general consensus of the Board was to have four Commissioners serve on the special committee. Commissioners appointed to the special committed were Rosemarie Aquilina, Joseph Graves,Diane Royal and Jud Werbelow. The subcommittee agreed to first meet with staff at the earliest date possible and then schedule a subsequent meeting«ith Mr. Ferguson. GENERAL MANAGER'S REMARKS Electric University Web Site General Manager Pandy handed out a copy of THE SYNDICATION NEWSLETTER,Autumn 1997, which announces that the BWL is among eight utility subscribers in the U. S. that have joined the Electric Universe, More Syndication's internet subscription service. The"Universe" provides a seamless expansion of a subscribing utilit}-'s website by over 350 pages. It contains a wealth of information about electricity, how it affects our lives and how to harness its power safety. Strategic Planning Retreat General Manager Pandy reviewed a draft agenda for the Board's planning retreat. Items for discussion include: 1. BWL Commissioners' Role and Staff Interactions 2. Relationship with City of Lansing Officials(Mayor and City Council) • Pairing with Councilmembers 3. Financial Status • Status of each utility • Financial Forecast 4. Deregulation • Process Improvement • Strategic Alliances • New Ventures Board Minutes Page 102 November 25, 1997 5. Real Estate Matters (time permitting) • Ottawa Power Station • Main Office Building Commissioner Graves indicated he may have an issue for the agenda,but would like to first discuss it with Mr. Pandv. The retreat will be held on Thursday,December 11, 1997 from 12 noon to 5 p.m., at the Holiday Inn, South. REMARKS BY COMMISSIONERS There were no remarks. PUBLIC COMMENTS VICE CHAIR ROYAL ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES On motion by Commissioner Graves, seconded by Commissioner Pratt,the absences of Commissioners Christian and Creamer were excused. Adopted unanimously. ADJOURNMENT On motion by Commissioner Aquilina, the Board adjourned at 6:43 p.m. '$6' �S� May ayova, Secretary Filed: December?, 1997 Marilynn Slade, City Clerk Page 92 a MINUTES OF BOARD OF COMMISSIONERS' MEETING (� •% �' LANSING BOARD OF WATER AND LIGHT �;i ijC.jy CLERK Tuesday,November 25, 1997 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West OttaNva Street,Lansing,Michigan. The meeting was called to order by the Vice Chair,Diane Royal. Present: Commissioners Aquilina, Graves, O'Leary, Pratt,Royal,and Werbelow. Absent: Commissioners Christian(out of town)and Creamer(out of town). The Secretary declared a quorum present. The invocation was delivered by Vice Chair Roval. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES Motion: On motion of Commissioner Werbelow, and seconded by Commissioner O'Leary,the minutes of special session of October 14, 1997 and regular meeting of October 27, 1997 were unanimously approved. PUBLIC COMMENTS VICE CHAIR ROYAL ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING. No persons spoke. COMMUNICATIONS AND PETITIONS A thank you letter to Commissioners and staff from former Commissioner John Strolle was received. Placed on file. A letter from Jack Down regarding a billing matter was received. General Manager Pandy stated that staff has been in contact with Mr. Downs to resolve his concern. Page 93 Board Minutes November 25, 1997 REPORTS OF COMMITTEES 9 97-11-1 Committee of the Whole Report The Committee of the Whole met on November 11, 1997, at 5:30 p.m., to receive staff reports on the following matters: 1. Ottawa Station 2. Electric Deregulation 3. Minority Contracting 4. Steam Pipeline to General Motors' Plant#6 5. Ice Storm of October 27, 1997 6. Other matters that may come before the Committee of the Whole Present were Commissioners Rosemarie Aquilina,Ernest Christian, Charles Creamer,Joseph Graves, Jr., Diane Royal.Dave O'Leary,Peter Pratt, Judson Werbelow. Main Office Building Sale Update. Developer Gary Granger of Capitol Annex,L.L.C. presented an update on the status of negotiations with the State of Michigan for space to relocate offices for the House of Representatives. Mr. Granger displayed schematic drawings of a proposed renovated facade of the Board of Water and Light (BWL)office building at 123 W. Ottawa Street. Requests for proposals were opened by the State on October 28, 1997. The Board is awaiting confirmation that the developer has a firm tenant and formally committed to move into the main office building. Mr. Granger indicated that a decision on the State's site selection is expected by the end of November. Decommissioning and Potential Development of the Ottawa Plant. General Manager Pandy distributed to each Commissioner a printout of bid results on the RFP for the demolitionisalvage of plant equipment and environmental cleanup for the Ottawa Station Development Project. Mr. Pandy and Technical Services Director John Elashkar responded to questions concerning staffs preliminary analysis of four alternatives relative to decommissioning the plant. Following lengthy discussion, the Committee then directed the General Manager to prepare a recommendation for the award of the best evaluated bid for equipment removal and salvage. This item will be placed on the agenda for Board consideration at the November 25, 1997, regular session. Electric Deregulation. Electric System Control Director Bill Cook updated the Commissioners on electric utility deregulation events since his last report on restructuring in October. He reported that the Michigan Public Service Commission(MPSC) recently issued orders in six contested cases to continue the process for introducing competition into the Michigan electric market. Each Commissioner received a copy of an analysis affecting deregulation,comparing key issues between Senator Dunaskiss' Draft 10 legislation, the MPSC Plan, and HB 5245 (Representative Alley). Mr. Cook responded to questions relative to municipal utility concerns. A newly published BWL brochure entitled,"Electric Utility Deregulation. Are you Ready to Choose?"was handed out. Minority Contracting. General Manager Pandy and Treasurer/Controller Dana Tousley presented an overview of purchasing activities including minority/women/handicapper owned business enterprises by the BWL Purchasing Department. Mr. Tousley reported that the BWL Purchasing Department is committed to: (1)fair and equal purchasing practices. (2)advocating opportunity for minority suppliers, and(3)outreach activities, including meeting new minority suppliers. At the request of Commissioners Graves and Creamer, staff was asked to provide information that benchmarks how the BWL compares in minority contracting with other utilities of like size. It was suggested by Commissioner Graves that consideration be given to identifying minority suppliers in the BWL's purchasing practices(i.e. suppliers to indicate their status on bids). Board Minutes Page 94 November 25, 1997 Steam Pipeline Project. General Manager Pandy distributed to each Commissioner a schedule and a detailed project status report on General Motors' 20-inch Steam Main Project. A progress schedule as of November 10. 1997, was reviewed. One of the last steps in the construction process will be the"steam blow," scheduled to occur on November 29, 1997. Steam Utility Director Joette Woodard-Yauk was present to respond to questions from the Commissioners concerning the project schedule with Pipe Systems and project cost estimates. In the near future. staff will be reporting on where the project stands financially. Storm Restoration Report. General Manager Pandy presented an overview of the October 27, 1997, storm damage to the BWL electric system. The Commissioners were provided with copies of letters of complaints and compliments relative to BWL response to the storm. The negative and positive findings on the BWL's storm restoration performance,based on a post-incident debriefing held by staff,were detailed by Mr. Pandy. It was noted that 23.000 (24%)customers were out of service at the peak, 45,000 (48%)customers experienced some form of service interruption, and wire down reports totaled 1400 as compared to 300 in the March, 1997, ice storm. Teams are working to improve the BWL processes and performance. Recommendations will be forthcoming to the Board for consideration at a future meeting. The Commissioners and Mr. Pandy acknowledged the employees' dedicated efforts for their willingness to work long and exhausting hours attempting to restore power as quickly as possible to all customers. Pension Conversion Values. General Manager Pandy reported that an overstatement was discovered in conversion value calculations for female employees. As a result, employees are being given additional time to decide whether to convert to the new defined contribution retirement plan. The decision to extend the window period resulted from the discovery that the actuarial firm that calculated the conversion values used gender-based actuarial tables,which overstated those amounts for approximately 170 female employees at the BWL. Treasurer/Controller Dana Tousley was present and provided details of the error and responded to questions from the Commissioners concerning gender-based actuarial tables for pension benefits. Respectfully submitted, Peter Pratt, Chair Pro Tern COMMITTEE OF THE WHOLE Motion: On motion of Commissioner Werbelow, seconded by Commissioner O'Leary, the Committee of the Whole Report was unanimously approved. #97-11-2 Finance Committee Report The Finance Committee met on November 11, 1997, at 4:30 p.m., to review the audit of the BWL Annual Financial Statements for 1996-97. Present were Commissioners Ernest Christian, Charles Creamer,Diane Royal, and Judson Werbelow. Also present were General Manager Joe Pandy, Treasurer/Controller Dana Tousley, Internal Auditor Kellie Willson, General Accounting Manager Dave Cluley,Budget and Finance Analysis Supervisor David Fishback, and Corporate Secretary Mary Sova. Terry Fuller and Tom Zielecki, who represent the firm of Deloitte&Touche LLP were in attendance to present the independent audit report. Mr. Fuller is a managing partner in the firm and Mr. Zielecki was the audit manager. Mr. Fuller reported that the audit report expresses a clean, unqualified opinion on the BWL's financial statements. In addition, there were no material weaknesses noted in procedures or controls. Following the presentation on the audit, a question and discussion period was held. Issues identified for further discussion at a future meeting included: Page 95 Board Minutes November 25, 1997 • Cash Reserves • Deferred Compensated Absences • Health Care Liability_ • Investment Polio • Unbilled Revenue The Committee then met with the external auditors privately as is customary. Respectfully submitted, Diane Royal. Chair FINANCE COMMITTEE Motion: On motion of Commissioner Graves, seconded by Commissioner Aquilina, the Finance Committee Report was unanimously approved. GENERAL MANAGER'S RECOMMENDATIONS 997-11-3 Coal Supply Agreement RESOLVED,That the Board enter into a Coal Supply Agreement("Agreement")with Venture Fuels, ("Seller") a partnership of NERCO Coal Sales Company and Midwest Energy Resource Company for the supply of Western Powder River Basin("PRB")coal to be used at the BWL's Eckert Station, subject to approval as to form by the BWL's legal counsel. The Agreement particulars are as follows: 1. The term of the Agreement will be from January 1, 1998 through December 31, 1998. 2. The Seller will provide up to 500,000 tons of PRB coal from its Antelope Mine located in Wyoming. 3. The Seller will arrange all of the transportation logistics for delivery to Eckert Station. 4. The purchase price for the tonnage sold and delivered by Seller shall be$23.88 per net ton F.O.B. Eckert Station and shall be fixed for the entire term of the Agreement. This equates to a delivered price of$1.357 per mmBtu based on a guaranteed 8,800 Btu/lb coal quality. ------------------- By entering into this Agreement with Venture Fuels,BWL will be able to further reduce the delivered cost of fuel to Eckert Station. The delivered fuel cost reduction(for those units able to utilize the PRB coal)equates to 17.4%on a cents/mmBtu basis below the current eastern U.S. coal being burned at Eckert Station. These fuel cost savings will be passed on directly to BWL electric customers through the Energy Cost Adjustment clause. Motion: On motion of Commissioner O'Leary, seconded by Commissioner Graves,Resolution 97-11-3 was approved. YEAS: Aquilina, Graves, O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: Christian, Creamer Board Minutes Page 96 November 25, 1997 97-11-a Purchase Rail Strip Property at Haco Drive through Penn/Hazel Complex RESOLVED, That the following described property known as the Lansing Connecting Railway be purchased from the Grand Trunk Western Railroad in the amount of$42,780.50. "All Grand Trunk Western Railroad Inc.'s former Lansing Connecting Railway, so called, situated in the Southwest Quarter of Section 15 and the Northwest Quarter of Section 22, T4N, R2W, in the City of Lansing, County of Ingham, State of Michigan,being more particularly described as irregular in width and alignment, lying northwesterly of Grand Trunk Western Railroad Inc.'s regular operating right-of-way, said operating right-of-way being 100 feet in width, as measured perpendicularly, 50 feet either side of the centerline of said Railroad's westward Main Track, thence northwesterly across Pennsylvania Avenue, Hazel Street and St. Joseph Street to the easterly right-of-way line of the former Pere Marquette Railroad, now the Chessie System, sidetrack right-of-way which is in a north and south direction." -------------------- The Grand Trunk Western Railroad is in the process of selling excess properties including this parcel recommended for purchase. Portions of this parcel bisects the existing BWL Hazel Street/Pennsylvania Avenue Complex and runs adjacent to the existing BWL Haco Drive facilities. Our intent is to retain and consolidate these portions with our existing properties and to sell the balance to the adjacent property owners. An appraisal completed on September 27, 1996 estimated the fair market value of the subject property at$56,000.00. By Resolution No. 435 the Lansing City Council concurs with the purchase of this property. Motion: On motion of Commissioner Werbelow, seconded by Commissioner Graves, to approve Resolution 97-11-4. Discussion In response to Commissioner Werbelow's question on how much property is involved, General Manager Pandv said that the property is a long strip of land totalling several acres. It begins at Haco Drive and moves through the Penn/Hazel complex before moving north on Hosmer Street, ending near Kalamazoo. The area is being paved over and will be used for parking or some other useful purpose at the complex. Portions outside the complex and not needed for BWL use will be sold. Commissioner O'Leary pointed out that the purchase of the rail strip property is an economic development project that will benefit the City. He inquired if the balance of$32,000 from the Cooperative Development Fund, established by the City and the BWL to provide money for economic development, could be used for this purpose. (In the General Managers cover memo, dated November 20, 1997, it was reported that the Fund was established by the City of Lansing and the BWL to provide money for economic development from the proceeds of the 1995 sale of property at 6551 S. Pennsylvania Avenue--which property the City had conveyed to the B WL for$1.00). General Manager Pandy stated that he would discuss this suggestion with the Mayor for possible consideration. Following discussion, the motion was carried. YEAS: Aquilina, Graves, O'Leary, Pratt,Royal, Werbelow NAYS: None ABSENT: Christian, Creamer Page 97 Board Minutes November 25, 1997 #97-11-5 Demolition and Removal RESOLVED,That a Contract be awarded to SCS Group, Inkster,NE, in the amount of$2,686,000 for the demolition and removal of the equipment and materials contained in the Ottawa Station. This recommendation is based on SCS Group providing the best overall evaluated bid to complete the work by September 1, 1998. -------------------- Other bidders were as follows: Dore&Associates. Contracting, Inc. $2,765,200 Louisiana Chemical Dismantling Co. $3,406,000 Cleveland Wrecking Co. $3,662,447 Adamo Demolition $4,150,000 Bierlein Companies, Inc. $4,435,174 DEMCO $4,446,000 Olshan Demolishing $4,780,000 Ciminelli Services Corp. $5,126,000 The Ottawa Station has been retired for several years and efforts have been in progress to develop the building into a multi-use facility to benefit the Greater Lansing area. Delays in the development process have increased concerns about deterioration of the large quantities of asbestos contained in the facility and the associated clean-up costs and risks for employee exposure. In addition,the cost to complete the equipment demolition and removal work required for development will increase in the future. Based on these concerns, it is recommended that the equipment demolition and removal work be completed now rather than in the future. The differences in the bid amounts are attributed to the amount of time each bidder spent inspecting the facility and their accuracy in estimating the quantities of asbestos present and the salvage value or potential sale of the equipment and materials. Motion: On motion of Commissioner Werbelow, seconded by Commissioner Pratt,to approve Resolution 97-11-5. Discussion In response to questions raised by the Commissioners relative to equipment demolition and removal work, Technical Services Director John Elashkar reported that cranes will be used inside the Ottawa facility for the cleanup project. Access to the top floors of the facility will be through stairs and two elevators. Following the equipment demolition and removal,all that will remain inside the plant will be two elevators and a set of stairs for access to the top floors. In essence, the building will be as an empty shell. The plant's chimney will also remain, except that its 4-inch cement lining will be scraped and removed. Mr.Elashkar reviewed the criteria used to evaluate the bids. Following discussion, the motion was carried. YEAS: Aquilina, Graves, O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: Christian, Creamer Board Minutes Page 98 November 25, 1997 #97-11-6 Board of Water and Light 401A Plan (ICMA) RESOLVED, That effective November 30, 1997,the RC-administered 401 Plan(ICMA plan number 8824)titled BOARD OF WATER&LIGHT 401A PLAN is amended and restated as a zero percent money purchase plan. The Plan will thereafter provide for a zero percent rate of employer contributions and will be maintained solely for the purpose of receiving rollover distributions or transfers from a qualified trust. FURTHER RESOLVED, That participants in the BOARD OF WATER&LIGHT 401A PLAN must elect. in writing,between January 5, 1998 and January 30, 1998 to either leave their account balance as of November 30. 1997 in the BOARD OF WATER&LIGHT 401A PLAN or have their balance transferred to the Lansing Board of Water and Light Employees'Defined Contribution Pension Plan. The amount transferred to the Lansing Board of Water and Light Employees'Defined Contribution Pension Plan would consist of the balance as of November 30, 1997 plus earnings thereon and less any losses through the date that the transfer is made. Any participant who fails to make a written election on or before January 30, 1998 will be deemed to have elected to leave his or her balance in the BOARD OF WATER&LIGHT 401A PLAN. -------------------- Currently exempt employees(not eligible for overtime)receive a 3%contribution into the 401A money purchase plan administered by ICNIA. This resolution allows exempt employees to choose between two providers for their money purchase plan. Effective December 1, 1997, all future BWL contributions to this plan will go into the new defined contribution plan administered by Prudential. Employees may choose to transfer their balances from ICMA to Prudential or leave their balance in ICMA. Motion: On motion of Commissioner Werbelow, seconded by Commissioner O'Leary,Resolution 97-11-6 was approved. YEAS: Aquilina, Graves. O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: Christian, Creamer UNFINISHED BUSINESS Resolution#97-11-7 1996-97 Audit Report Item tabled at the regular meeting of October 27, 1997 WHEREAS, copies of the 1997 audit reports for the Board of Water and Light and for the Plan for Employees'Pensions of the Board of Water and Light and a copy of the report on the system of internal control were filed with City of Lansing officials by Deloitte&Touche,LLP on September 22, 1997. WHEREAS, the audit report for the Board of Water and Light and the report on the system of internal control has been received and reviewed by the Finance Committee. The auditors found no significant items that warranted submission of a management letter. WHEREAS,the 1997 audit report for the Plan for Employees'Pensions has been received and reviewed by the Pension Plan Trustees. Page 99 Board Minutes November 25, 1997 RESOLVED, That the Corporate Secretary be directed to file copies of both audit reports and the report on the system of internal control with the State Treasurer as required by law. -------------------- Publishing a condensed copy of the Board of Water and Light audit report in The Lansing State Journal is not required by law. However, it may be done at the discretion of the General Manager. -------------------- Motion: On motion of Commissioner O'Leary, seconded by Commissioner Aquilina, to approve Resolution 97-11-7. Discussion In response to Commissioner Werbelow's question relative to the statement above regarding the General Manager's discretion to publish the audit report, General Manager Pandy stated that the full audit report is no longer published in The State Journal because it has not been of interest to our customers. He noted that in recent years, a copy of the annual report called the BWL OWNER'S MANUAL has been inserted in The State Journal. Communications Director John Strickler interjected that the OWNER'S MANUAL will not be published this year. In its place. a condensed financial report will be available on request to anyone who is interested in this information. Copies of the audited financial statements are also available on request. Mr. Strickler commented that a BAIL survey indicated that the majority of customers were not reading the OWNER'S MANUAL,thus the expense to produce and distribute the manual did not justify the cost. Following discussion, the motion was carried. YEAS: Aquilina, Graves, O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: Christian, Creamer NEW BUSINESS Developer Joel Ferguson, 1341 Cambridge, Lansing, and partner of Capitol Outlook,L.L.C.,briefed the Board on the process that has evolved since 1995 when the first offer to purchase the 123 W. Ottawa Street main office building and associated parking lot on 221 N. Capitol Avenue was made for the purpose of converting the property into a State legislative office building. Mr. Ferguson reported that he has secured an option to purchase the former Comerica building on 200 N. Capitol Avenue(across the street from the BWL Main Office Building). His group plans to connect the two buildings with a bridge and remodel and re-skin both buildings to make up the 225,000 square feet needed to house both legislative parties. With the previous offer now expired as of June 30, 1996, a new preliminary Purchase Agreement reflecting the following changes,according to Mr. Ferguson, has been submitted to the Board for consideration: 1. Financing for the development has been secured, thus the financing contingency is eliminated. 2. The amount of the Earnest Money is non-refundable if the Purchaser does not move this transaction forward after necessary approvals have been received. 3. Closing Date language has been modified to stipulate that this transaction is to close within 30 days after both parties satisfy all contingencies set forth in the Agreement. The Agreement terminates if it is not closed within 90 days after Council approval as opposed to a date certain. Board Minutes Page 100 November 25_ 1997 Mr. Ferguson stated that he and his partner, Gary Granger,feel confident that their group, Capitol Outlook L. L. C.. will be selected by the legislature as the preferred site for a new State legislative office building. Because time is of the essence during negotiations, he urged the Board to place this transaction on a priority track and to authorize the filing of the new preliminary Purchase Agreement with the City Clerk so that it can be placed on the Council Agenda as quickly as possible. This would set the 30-day clock for a public hearing,and the Council would then be able to consider this transaction as early as January, 1998. The Board reviewed and discussed two draft resolutions and after lengthy deliberation, the following resolution was considered: #97-11-8 Sale of Main Office Building WHEREAS. the Board on March 28, 1995 passed Resolution No. 95-3-11 declaring that parcels of property located at 123 W. Ottawa Street and 221 N. Capitol Avenue were no longer necessary to the operation of the BWL: and WHEREAS. Capitol Outlook,L. L. C. has expressed an interest in purchasing the parcels of real property; and WHEREAS, the BWL has expressed an interest in selling the parcels of real property to Capitol Outlook, L. L. C.: and WHEREAS, time is of the essence and certain terms of the transaction remain to be established through subsequent negotiations; and WHEREAS.the parties desire to enter into a preliminary agreement which will evidence their respective good faith intentions to undertake the transaction. BE IT RESOLVED, That the General Manager and Corporate Secretary are authorized to enter into an exclusive option for the sale of real estate parcels located at 123 W. Ottawa Street and 221 N. Capitol Avenue to Capitol Outlook, L. L. C. FURTHER RESOLVED,That the Chair of the Board shall appoint a committee,with appropriate staff support. to negotiate the terms and conditions of the sale of these parcels to Capitol Outlook,L. L. C. FURTHER RESOLVED, That subsequent to satisfactorily completing negotiations,the General Manager and Corporate Secretary are authorized to enter into a contract for the sale of such property in such form as approved by the Staff Attorney, subject to final approval by the Board of Commissioners and the Lansing City Council in accordance with the Lansing City Charter. Motion: On motion of Commissioner Aquilina, seconded by Commissioner Graves, to approve Resolution 97-11-8. Discussion In response to questions raised by Commissioners Werbelow and O'Leary, General Manager Pandy and Staff Attorney Wilhite clarified that the intent of the resolution is for the Chair to appoint a committee comprised of Commissioners and staff to negotiate the terms and conditions of the sale to Capitol Outlook,L. L. C. Following a brief question and answer period, it was clearly understood that whatever the special committee negotiates, it is subject to final approval by the Board and the Lansing City Council. Mr. Wilhite noted that City Page 101 Board Minutes November 25, 1997 ordinance on disposition of real property requires a public hearing at least one week prior to City Council action on the issue of sale. He also pointed out that the City Charter requires that complete documentation on the details of the sale be on file in the City Clerk's Office at least 30 days prior to the public hearing. Commissioner O'Leary pointed out that only two Commissioners who were involved with negotiations on the main office building offer in 1995 remain on the Board. Since that time, six new Commissioners have been appointed. He noted that the newer Commissioners should have the opportunity for input in this important decision. Once the special committee reaches agreement with Capitol Outlook, L. L. C., a special meeting of the Board could then be called for final Board approval of the Purchase Agreement. Following lengthy discussion, the motion was carried. YEAS: Aquilina, Graves, O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: Christian, Creamer Special Committee Appointments The general consensus of the Board was to have four Commissioners serve on the special committee. Commissioners appointed to the special committed were Rosemarie Aquilina. Joseph Graves,Diane Royal and Jud Werbelow. The subcommittee agreed to first meet with staff at the earliest date possible and then schedule a subsequent meeting with Mr. Ferguson. GENERAL MANAGER'S REMARKS Electric University Web Site General Manager Pandy handed out a copy of THE SYNDICATION NEWSLETTER, Autumn 1997,which announces that the BWL is among eight utility subscribers in the U. S. that have joined the Electric Universe, More Syndication's internet subscription service. The"Universe"provides a seamless expansion of a subscribing utility's website by over 350 pages. It contains a wealth of information about electricity, how it affects our lives and how to harness its power safety. Strategic Planning Retreat General Manager Pandy reviewed a draft agenda for the Board's planning retreat. Items for discussion include: 1. BWL Commissioners' Role and Staff Interactions 2. Relationship with City of Lansing Officials(Mayor and City Council) • Pairing with Councilmembers 3. Financial Status • Status of each utility • Financial Forecast 4. Deregulation • Process Improvement • Strategic Alliances 0 New Ventures Board Minutes Page 102 November 25. 1997 5. Real Estate Matters (time permitting) • Ottawa Power Station • Main Office Building Commissioner Graves indicated he may have an issue for the agenda,but would like to first discuss it with Mr. Pandy. The retreat will be held on Thursday. December 11, 1997 from 12 noon to 5 p.m., at the Holiday Inn, South. REMARKS BY COMMISSIONERS There were no remarks. PUBLIC COMMENTS VICE CHAIR ROYAL ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES On motion by Commissioner Graves. seconded by Commissioner Pratt,the absences of Commissioners Christian and Creamer were excused. Adopted unanimously. ADJOURNMENT On motion by Commissioner Aquilina, the Board adjourned at 6:43 p.m. May ayova, Secretary Filed: December 2, 1997 Marilvnn Slade. City Clerk Page 84 MINUTES OF BOARD OF COMMISSIONERS' SPECIAL MEETING LANSING BOARD OF WATER AND LIGHT Tuesday, October 14, 1997 The Board of Commissioners met in special session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street, Lansing,Michigan. The meeting was called to order by Chair O'Leary. Present: Commissioners Aquilina, Christian, Creamer,O'Leary,Pratt Absent: Graves,Royal,and Werbelow A quorum of the Board was present. The purpose of the special meeting was to receive the report of the Nominating Committee on Board officers and to set a date for the Board's annual retreat to discuss company strategies. Chair O'Leary welcomed newly appointed Commissioners Rosemarie Aquilina and Charles Creamer. REPORT OF THE NOMINATING COMMITTEE (Resolution 97-10-1) October 14, 1997 The Nominating Committee has reviewed copies of past and current Commissioner surveys and has met to consider nominations for board officers for fiscal year 1997-98. It is the unanimous decision of the Nominating Committee that the following Commissioners be nominated for the offices indicated: Chair: -Ernest J. Christian Vice Chair: -Diane R. Royal Chair Pro Tem: -Peter P. Pratt NOMINATING COMMITTEE Judson M. Werbelow, Chair Joseph E. Graves, Jr. Peter P.Pratt MOTION: On motion of Commissioner Pratt, seconded by Commissioner Aquilina, the report of the Nominating Committee, including Resolution 97-10-1,was adopted by the following vote: YEAS: Aquilina, Christian, Creamer, O'Leary,Pratt NAYS: None ABSENT: Graves,Royal, Werbelow The new officers will assume their positions at the next regular meeting scheduled for October 27, 1997. Special Board Meeting Minutes Page 85 October 16, 1997 OTHER RELATED MATTERS Chair-Elect Ernest Christian reported that he plans to announce committee assignments at the next regular meeting. The date of the Board's retreat will be determined once all Commissioners have been contacted by the Corporate Secretary to schedule a one-half day session for the month of November. EXCUSED ABSENCES There being no objection, the absences of Commissioners Graves,Royal and Werbelow were excused. ADJOURNMENT There being no further business, the Board adjourned at 5:35 p.m. 1uU1/LC� Mary Sov , ecretary Filed: October 16, 1997 Marilynn Slade, City Clerk Page 86 -r ` MINUTES OF BOARD OF COMMISSIONERS' MEETING l : 0 1 LANSING BOARD OF WATER AND LIGHT LiAd-Siff CITY CLERK' Tuesday, October 27,1997 The Board of Commissioners met in rescheduled regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by the Chair, Ernest Christian. Present: Commissioners Aquilina, Creamer, Christian, Graves,O'Leary, Pratt,Royal, and Werbelow. Absent: None The Secretary declared a quorum present. The invocation was delivered by the Chair. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES Commissioner Werbelow referred to page 82 of the September 30, 1997 minutes, the section under General Manager's Remarks, regarding the Sale of the Main Office Building,first sentence of the second paragraph. He proposed that the sentence be corrected by striking out three words,and to read as follows: "Following discussion, the Commissioners agreed on the need for a definitive answer in writing from the developer er tenant indicating an intent to proceed with the project. MOTION: There being no objection, Commissioner Werbelow moved the approval of the minutes, as corrected, of rescheduled meeting held September 30, 1997. Adopted unanimously. PUBLIC COMMENTS THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING. No persons spoke. COMMUNICATIONS AND PETITIONS No communications. REPORTS OF COMMITTEES No committee reports. Page 87 Board Minutes October 27, 1997 GENERAL MANAGER'S RECOMMENDATIONS ADMINISTRATIVE Res. No. 97-10-2 RESOLVED, That the issuance of Purchase Orders be authorized to the following Consultants for providing Professional Services for process redesign and implementation. 1. Prism Performance Systems, Fannington Hills, Michigan for providing assistance in process definition and improvement including assisting in the planning and facilitating of employee participation conferences. 2. Emergent Systems, Brighton, Michigan for providing assistance in Human Resource issues. Consulting services will be provided on a hourly/daily rate plus actual expenses. Several Consultants were contacted and these were the only two with experience in these areas which could meet the time schedule for the process redesign and implementation. Both firms have provided consulting services to the Board in the past. MOTION: On motion of Commissioner O'Leary, seconded by Commissioner Royal,Resolution 97-10-2 was approved by the following vote: YEAS: Aquilina, Christian, Creamer, Graves,O'Leary, Pratt,Royal, Werbelow NAYS: None ABSENT: None Res. No. 97-10-3 WHEREAS, Copies of the 1997 audit reports for the Board of Water and Light and for the Plan for Employees' Pensions of the Board of Water and Light and a copy of the report on the system of internal control were filed with City of Lansing officials by Deloitte &Touche, LLP on September 22, 1997. WHEREAS, The audit report for the Board of Water and Light and the report on the system of internal control is hereby received and referred to the Finance Committee. The auditors found no significant items that warranted submission of a management letter. WHEREAS, The 1997 audit report for the Plan for Employees' Pensions has been received and reviewed by the Pension Plan Trustees. RESOLVED, That the Corporate Secretary be directed to file copies of both audit reports and the report on the system of internal control with the State Treasurer as required by law. Publishing a condensed copy of the Board of Water and Light audit report in The State Journal is not required by law. However, it may be done at the discretion of the General Manager. -------------------- Board Minutes Page 88 October 27, 1997 MOTION: On motion of Commissioner Werbelow, seconded by Commissioner Pratt,to table Resolution 97-10-3 until the Finance Committee has reviewed the audit report. Approved by the following vote: YEAS: Aquilina, Christian, Creamer, Graves, O'Leary, Pratt,Royal, Werbelow NAYS: None ABSENT: None UNFINISHED BUSINESS Office Buildino Status. Comte.issioner O'Leary reported that the deadline for Lhe State of Mic'.riban to receive bids on their request for proposals for space to relocate offices for the House of Representatives is October 27. Bids are expected to be opened on October 28. Ottawa Station Update. General Manager Pandy reported that requests for proposals for equipment removal and salvage bids for the Ottawa Station are due November 11. Staff will be presenting a preliminary cost analysis report at the Committee of the Whole meeting scheduled for November 11. Mr. Pandy also reported that he contacted Thomas Coates soon after the September 30, 1997, regular meeting to communicate the Board's decision on authorizing the Sony Market Study on the feasibility of a theater complex(per Board Resolution 97-9-8). The written communication to Mr. Coates indicated that the Board would expect to receive a copy of Sony's written analvsis by January 1, 1998. Mr. Coates did confirm that the January 1, 1998, deadline was an adequate amount of time to complete the study. NEW BUSINESS Chairperson Christian announced the standing committee assignments for Fiscal Year 1997-98: EXECUTIVE COMMITTEE: Ernest Christian, Chair Diane Royal, Vice Chair Peter Pratt, Chair Pro Tem Diane Royal, Chair FINANCE COIYL>`9?TTEE: Ernest Christian,Member Charles Creamer,Member Jud Werbelow,Member Rosemarie Aquilina, Alternate David O'Leary, Alternate PERSONNEL COM II=E: David O'Leary, Chair Rosemarie Aquilina,Member Joseph Graves,Jr., Member Peter Pratt,Member Ernest Christian,Alternate Diane Royal, Alternate Page 89 Board Minutes October 27, 1997 RESOLUTIONS RESOLUTION HONORING JOHN STROLLE WHEREAS, As he brings to a close his exceptional service as Commissioner of the Board of Water and Light,it is a pleasure to extend our congratulations to R_ John Strolle. Over his past nine years of impeccable service to the customers of the Board of Water and Light, he has set standards of fiduciary responsibility, integrity and effectiveness that are most deserving of formal acknowledgment;and WHEREAS, It is most apparent that John sincerely cares about the employees and the customer owners who are served by the Board of Water and Light. Beginning with his appointment to the Board on May 31, 1988, John has contributed leadership over the years in a variety of matters affecting this utility. Especially noteworthy is his near perfect attendance record of having missed only one Board meeting during his tenure. He ends his year as the Chair Pro Tem of the Board and the Chair of the Personnel Committee; and WHEREAS, With all his responsibilities, he was always prepared and thoughtful during all Board deliberations. His professionalism,hard work,and sensitivity to the needs of the public have won for him the respect and admiration of his peers and all who have had the good fortune of knowing John; and WHEREAS,We are confident that his unwavering commitment to the Board of Water and Light and the City of Lansing will continue to be manifested in many ways; and WHEREAS, Respected as the owner of J. Strolle Gentlemen's Attire," he brought real class to the boardroom. It is seldom we see a person as well"suited''to his career spanning forty years as John is in the men's clothing business. A strong commitment to quality and personal service are keys to his success. IT IS RESOLVED,That tribute be accorded to honor and thank R_ John Strolle as he brings to a close his efforts with the Board of Commissioners of the Board of Water and Light. In regular session this 27th day of October, 1997, we wish John, his lovely wife, Deanna, and his family the very best and well-deserved happiness and fulfillment. MOTION: On motion of Commissioner Werbelow, seconded by Commissioner Pratt,Resolution 97-10-4 was approved by the following vote: YEAS: Aquilina, Christian, Creamer, Graves,O'Leary, Pratt,Royal, Werbelow NAYS: None ABSENT: None GENERAL MANAGER'S REMARKS Power Outage Due to Snowstorm. General Manager Pandy reported on power restoration efforts following the October 27 snowstorm that dumped three inches of wet snow dragging tree limbs onto power lines and knocking out electricity for nearly 23,000 BWL customers. The Commissioners were given a handout listing outage areas that continue to exist and areas expected to be back on between present and the next day. The storm was particularly devastating due to the fact that leaves were still on trees,causing tree limbs to break and fall due to the added weight. Mr. Pandy reported that ten line crews have been working around the clock, three crews from other utilities were brought in,plus six BWL crews, and fourteen additional service crews from electrical contractors. Nelson Tree Service,which services the BWL, increased their help from six to ten crews. A total of 22 spotting crews were in operation, identifying trouble and reporting it back in. Hundreds of employees and other people worked all night answering phones. Mr. Pandy noted that the phone system is still not working well and that clearly there is a need to accelerate the acquisition of new phone equipment to improve the response time on Board Minutes Page 90 October 27, 1997 t answering phones. Calls reporting downed wires were given priority as well as customers on life support systems. Customers were kept informed of restoration efforts through communications with the news media. The Board discussed the need to accelerate publicity on the importance of keeping trees trimmed to reduce power outages caused by fallen limbs. Mr. Pandy agreed to include information on this topic in a future Connections newsletter. Employees were saluted for their outstanding work in responding to outage emergencies. GM Steam Main Status Report. A memo from Steam Utility Director Joette Woodard-Yank, dated October 27, 1997 regarding the General Motors(GM)20 inch Steam Main Project was handed out for information. Mr.Pandy gave an overview of the overall project time line. The project rework is progressing well, given the magnitude of the work being undertaken. Joette Woodard-Yauk was present to respond to questions relative to the general project schedule with Pipe Systems, Inc. and project cost estimates. Adopt A River Cleanup. A thank you letter from Michael A. Sanders of Woldurnar Nature Center, dated October 21, 1997, was handed out. Mr. Sanders' letter expresses gratitude for the BWL's Construction Services Department's(CSD)involvement in the September 20, 1997, Adopt A River cleanup. Communications Director John Strickler and CSD Shops Supervisor Calvin Jones were acknowledged for leading the efforts for the BWL. REMARKS BY COMMISSIONERS Commissioner Werbelow requested an overview on how an alliance with Wisconsin Power&Light(WP&L)to provide coal transfer services is supposed to work and how it could benefit the BWL. General Manager Pandy reported that WP&L and others, including Detroit Edison's coal subsidiaries,are investigating the feasibility of selling all kinds of energy. WP&L has been prospecting for other utilities and industrial customers in Michigan who would benefit from the less expensive Western fuels. Mr. Pandy commented that WP&L can supply coal to Michigan in unit trains(100--ar trains)at a favorable price,however,distributing coal in smaller amounts to smaller users becomes a problem. WP&L proposes utilizing Erickson Station as a distribution hub for Powder River Basin(PRB)coal. An estimated 200,000 tons per year could transfer from rail delivery to storage and to trucks for distribution in Michigan at a profit for the BWL. Staff is negotiating capital investment issues with WP&L. Details of the BWL's proposal are outlined in a letter to WP&L, dated October 15, 1997. Commissioner Creamer commented that he recently had a positive discussion with BWL employee Mike Stanley on.the BWL's involvement with the School for Managing. Commissioner Creamer asked for additional information on the program. General Manager Pandy responded that Mike Stanley is a union employee with the BWL and is among ten employees from management and union, attending the School for Managing(SFM)in Jackson,Michigan. The SFM team has been learning first hand from world experts on how to change the culture of a company to become more focused on customers and quality. The SFM team has been instrumental in sharing their knowledge on how to improve our processes to become a better competitor. Mr. Pandy noted that the City of Lansing is planning to send a team of employees to the SFM's next session. Commissioner Werbelow noted that he recently listened to a TV program featuring the State Journal interview of one of the candidates running for office. This particular candidate gave the impression that the study the City Council is considering on the evaluation of the BWL is a joint effort between the BWL and the City Council. Commissioner Werbelow expressed concern since the Board does not have a vote on whether the study is necessary, the scope of the study and how it is to be done. The candidate also claimed that the BWL has excessive *r¢ert•rc -rl chnnld itc rntrc tl,- candidate glcn ctated that hecai.ise the 9VV1_ hRS e.\ccss«'ater Pase 91 Board Minutes October 27, 1997 capacity, rates should be discounted to industrial customers. Commissioner Werbelow noted that at some point in time the BWL should address these issues so that the public knows the position of the Board. Commissioner Graves reminded that at the September 30 Board meeting, he requested information on the BWL's contractual services with women and minority-owned firms. He asked for a time frame as to when this report will be available. General Manager Pandy stated that the Purchasing Department has been preparing this information and will have it available at the next Committee of the Whole meeting. Commissioner Pratt commended the BWL on reaching its United Way Campaign contribution goal of$100,000. Chairperson Christian reminded the Commissioners of Public Power Week to be held November 10-13. He encouraged everyone to show support by attending the planned activities. PUBLIC COMMENTS CHAIRPERSON CHRISTLA.N ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES No absences. ADJOURNMENT On motion by Commissioner Aquilina, the Board adjourned at 6:23 p.m. A a'��&W, Mary E. S Secretary Filed: October 31, 1997 Marilynn Slade, City Clerk Page 86 MINUTES OF BOARD OF COMMISSIONERS'MEETING `� LANSING BOARD OF`WATER AND LIGHT LA WISIi;G ru'll T Y CLERI( Tuesday, October 27, 1997 The Board of Commissioners met in rescheduled regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street, Lansing,Michigan. The meeting was called to order by the Chair,Ernest Christian. Present: Commissioners Aquilina, Creamer, Christian, Graves, O'Leary,Pratt,Royal, and Werbelow. Absent: None The Secretary declared a quorum present. The invocation was delivered by the Chair. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES Commissioner Werbelow referred to page 82 of the September 30, 1997 minutes, the section under General Manager's Remarks, regarding the Sale of the Main Office Building,first sentence of the second paragraph. He proposed that the sentence be corrected by striking out three words,and to read as follows: "Following discussion, the Commissioners agreed on the need for a definitive answer in writing from the deveieper 0,- tenant indicating an intent to proceed with the project. MOTION: There being no objection, Commissioner Werbelow moved the approval of the minutes, as corrected, of rescheduled meeting held September 30, 1997. Adopted unanimously. PUBLIC COMMENTS THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW,OR AT THE END OF THE MEETING. No persons spoke. COMMUNICATIONS AND PETITIONS No communications. REPORTS OF COMMITTEES No committee reports. Page 87 Board Minutes October 27, 1997 GENERAL MANAGER'S RECOMMENDATIONS ADMINISTRATIVE Res. No. 97-10-2 RESOLVED, That the issuance of Purchase Orders be authorized to the following Consultants for providing Professional Services for process redesign and implementation. 1. Prism Performance Systems, Farmington Hills, Michigan for providing assistance in process definition and improvement including assisting in the planning and facilitating of employee participation conferences. 2. Emergent Systems, Brighton, Michigan for providing assistance in Human Resource issues. Consulting services will be provided on a hourly/daily rate plus actual expenses. Several Consultants were contacted and these were the only two with experience in these areas which could meet the time schedule for the process redesign and implementation. Both firms have provided consulting services to the Board in the past. MOTION: On motion of Commissioner O'Leary, seconded by Commissioner Royal,Resolution 97-10-2 was approved by the following vote: YEAS: Aquilina, Christian, Creamer, Graves, O'Leary, Pratt,Royal, Werbelow NAYS: None ABSENT: None Res. No. 97-10-3 WHEREAS, Copies of the 1997 audit reports for the Board of Water and Light and for the Plan for Employees' Pensions of the Board of Water and Light and a copy of the report on the system of internal control were filed with City of Lansing officials by Deloitte &Touche, LLP on September 22, 1997. WHEREAS, The audit report for the Board of Water and Light and the report on the system of internal control is hereby received and referred to the Finance Committee. The auditors found no significant items that warranted submission of a management letter. WHEREAS, The 1997 audit report for the Plan for Employees' Pensions has been received and reviewed by the Pension Plan Trustees. RESOLVED, That the Corporate Secretary be directed to file copies of both audit reports and the report on the system of internal control with the State Treasurer as required by law. Publishing a condensed copy of the Board of Water and Light audit report in The State Journal is not required by law. However, it may be done at the discretion of the General Manager. -------------------- Board Minutes Page 88 October 27, 1997 MOTION: On motion of Commissioner Werbelow, seconded by Commissioner Pratt,to table Resolution 97-10-3 until the Finance Committee has reviewed the audit report. Approved by the following vote: YEAS: Aquilina, Christian, Creamer, Graves,O'Leary, Pratt, Royal, Werbelow NAYS: None ABSENT: None UNFINISHED BUSINESS Office Building Status. Commissioner O'Leary reported that the deadline for the State of Michigan to receive bids on their request for proposals for space to relocate offices for the House of Representatives is October 27. Bids are expected to be opened on October 28. Ottawa Station Update. General Manager Pandy reported that requests for proposals for equipment removal and salvage bids for the Ottawa Station are due November 11. Staff will be presenting a preliminary cost analysis report at the Committee of the Whole meeting scheduled for November 11. Mr. Pandy also reported that he contacted Thomas Coates soon after the September 30, 1997, regular meeting to communicate the Board's decision on authorizing the Sony Market Study on the feasibility of a theater complex(per Board Resolution 97-9-8). The written communication to Mr. Coates indicated that the Board would expect to receive a copy of Sony's written analysis by January 1, 1998. Mr. Coates did confirm that the January 1, 1998, deadline was an adequate amount of time to complete the study. NEW BUSINESS Chairperson Christian announced the standing committee assignments for Fiscal Year 1997-98: EXECUTIVE COMMITTEE: Ernest Christian, Chair Diane Royal, Vice Chair Peter Pratt, Chair Pro Tem. FINANCE COMMITTEE: Diane Royal, Chair Ernest Christian,Member Charles Creamer,Member Jud Werbelow,Member Rosemarie Aquilina,Alternate David O'Leary, Alternate PERSONNEL CONRVE[TTEE: David O'Leary, Chair Rosemarie Aquilina,Member Joseph Graves, Jr., Member Peter Pratt,Member Ernest Christian, Alternate Diane Royal,Alternate Page 89 Board Minutes October 27, 1997 RESOLUTIONS RESOLUTION HONORING JOHN STROLLE WHEREAS. As he brings to a close his exceptional service as Commissioner of the Board of Water and Light,it is a pleasure to extend our congratulations to R John Strolle. Over his past nine years of impeccable service to the customers of the Board of Water and Light, he has set standards of fiduciary responsibility, integrity and effectiveness that are most deserving of formal acknowledgment; and WHEREAS, It is most apparent that John sincerely cares about the employees and the customer owners who are served by the Board of Water and Light. Beginning with his appointment to the Board on May 31, 1988, John has contributed leadership over the years in a variety of matters affecting this utility. Especially noteworthy is his near perfect attendance record of having missed only one Board meeting during his tenure. He ends his year as the Chair Pro Tem of the Board and the Chair of the Personnel Committee; and WHEREAS,With all his responsibilities, he was always prepared and thoughtful during all Board deliberations. His professionalism, hard work, and sensitivity to the needs of the public have won for him the respect and admiration of his peers and all who have had the good fortune of knowing John; and WHEREAS, We are confident that his unwavering commitment to the Board of Water and Light and the City of Lansing will continue to be manifested in many ways;and WHEREAS, Respected as the owner of"J. Strolle Gentlemen's Attire," he brought real class to the boardroom. It is seldom we see a person as well"suited"to his career spanning forty years as John is in the men's clothing business. A strong commitment to quality and personal service are keys to his success. IT IS RESOLVED,That tribute be accorded to honor and thank R. John Strolle as he brings to a close his efforts with the Board of Commissioners of the Board of Water and Light. In regular session this 27th day of October, 1997, we wish John, his lovely wife,Deanna, and his family the very best and well-deserved happiness and f i fillment. MOTION: On motion of Commissioner Werbelow, seconded by Commissioner Pratt, Resolution 97-10-4 was approved by the following vote: YEAS: Aquilina, Christian, Creamer, Graves,O'Leary, Pratt,Royal, Werbelow NAYS: None ABSENT: None GENERAL MANAGER'S REMARKS Power Outage Due to Snowstorm. General Manager Pandy reported on power restoration efforts following the October 27 snowstorm that dumped three inches of wet snow dragging tree limbs onto power lines and knocking out electricity for nearly 23,000 BWL customers. The Commissioners were given a handout listing outage areas that continue to exist and areas expected to be back on between present and the next day. The storm was particularly devastating due to the fact that leaves were still on trees,causing tree limbs to break and fall due to the added weight. Mr.Pandy reported that ten line crews have been working around the clock,three crews from other utilities were brought in,plus six BWL crews, and fourteen additional service crews from electrical contractors. Nelson Tree Service, which services the BWL, increased their help from six to ten crews. A total of 22 spotting crews were in operation, identifying trouble and reporting it back in. Hundreds of employees and other people worked all night answering phones. Mr.Pandy noted that the phone system is still not working well and that clearly there is a need to accelerate the acquisition of new phone equipment to improve the response time on Board Minutes Page 90 October 27, 1997 answering phones. Calls reporting downed wires were given priority as well as customers on life support systems. Customers were kept informed of restoration efforts through communications with the news media. The Board discussed the need to accelerate publicity on the importance of keeping trees trimmed to reduce power outages caused by fallen limbs. Mr. Pandy agreed to include information on this topic in a future Connections newsletter. Employees were saluted for their outstanding work in responding to outage emergencies. GM Steam Main Status Report. A memo from Steam Utility Director Joette Woodard-Yauk, dated October 27, 1997 regarding the General Motors(GM)20 inch Steam Main Project was handed out for information. Mr.Pandy gave an overview of the overall project time line. The project rework is progressing well, given the magnitude of the work being undertaken. Joette Woodard-Yauk was present to respond to questions relative to the general project schedule with Pipe Systems, Inc. and project cost estimates. Adopt A River Cleanup. A thank you letter from Michael A. Sanders of Woldtunar Nature Center, dated October 21, 1997,was handed out. Mr. Sanders' letter expresses gratitude for the BWL's Construction Services Department's (CSD) involvement in the September 20, 1997, Adopt A River cleanup. Communications Director John Strickler and CSD Shops Supervisor Calvin Jones were acknowledged for leading the efforts for the BWL. REMARKS BY COMMISSIONERS Commissioner Werbelow requested an overview on how an alliance with Wisconsin Power&Light(WP&L)to provide coal transfer services is supposed to work and how it could benefit the BWL. General Manager Pandy reported that WP&L and others,including Detroit Edison's coal subsidiaries, are investigating the feasibility of selling all kinds of energy. WP&L has been prospecting for other utilities and industrial customers in Michigan who would benefit from the less expensive Western fuels. Mr. Pandy commented that WP&L can supply coal to Michigan in unit trains(100-car trains)at a favorable price, however,distributing coal in smaller amounts to smaller users becomes a problem. WP&L proposes utilizing Erickson Station as a distribution hub for Powder River Basin(PRB)coal. An estimated 200,000 tons per year could transfer from rail delivery to storage and to trucks for distribution in Michigan at a profit for the BWL. Staff is negotiating capital investment issues with WP&L. Details of the BWL's proposal are outlined in a letter to WP&L, dated October 15, 1997. Commissioner Creamer commented that he recently had a positive discussion with BWL employee Mike Stanley on the BWL's involvement with the School for Managing. Commissioner Creamer asked for additional information on the program. General Manager Pandy responded that Mike Stanley is a union employee with the BWL and is among ten employees from management and union, attending the School for Managing(SFM)in Jackson,Michigan. The SFM team has been learning first hand from world experts on how to change the culture of a company to become more focused on customers and quality. The SFM team has been instrumental in sharing their knowledge on how to improve our processes to become a better competitor. Mr. Pandy noted that the City of Lansing is planning to send a team of employees to the SFM's next session. Commissioner Werbelow noted that he recently listened to a TV program featuring the State Journal interview of one of the candidates running for office. This particular candidate gave the impression that the study the City Council is considering on the evaluation of the BWL is a joint effort between the BWL and the City Council. Commissioner Werbelow expressed concern since the Board does not have a vote on whether the study is necessary, the scope of the study and how it is to be done. The candidate also claimed that the BWL has excessive ^-en•e,Z qnd rbonld lover its rare Finally 0— candidate also stated that because the BWL has excess water Page 91 Board Minutes October 27, 1997 capacity, rates should be discounted to industrial customers. Commissioner Werbelow noted that at some point in time the BWL should address these issues so that the public knows the position of the Board. Commissioner Graves reminded that at the September 30 Board meeting, he requested information on the BWL's contractual services with women and minority-owned firms. He asked for a time frame as to when this report will be available. General Manager Pandy stated that the Purchasing Department has been preparing this information and will have it available at the next Committee of the Whole meeting. Commissioner Pratt commended the BWL on reaching its United Way Campaign contribution goal of$100,000. Chairperson Christian reminded the Commissioners of Public Power Week to be held November 10-13. He encouraged everyone to show support by attending the planned activities. PUBLIC COMMENTS CHAIRPERSON CHRISTIAN ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES No absences. ADJOURNMENT On motion by Commissioner Aquilina, the Board adjourned at 6:23 p.m. A 04, 'e� Lva, Mary E. S Secretary Filed: October 31, 1997 Marilynn Slade, City Clerk P Page 72 MINUTES OF BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT - rr Tuesday,September 30, 1997 The Board of Commissioners met in rescheduled regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street, Lansing,Michigan. The meeting was called to order by the Chair,David O'Leary. Present: Commissioners Christian, Graves,O'Leary,Pratt,Royal, Strolle and Werbelow. Absent: None The Secretary declared a quorum present. The invocation was delivered by the Chair. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES MOTION: On motion of Commissioner Christian and seconded by Commissioner Strolle,that the minutes of regular meeting of August 26, 1997,be approved as filed. Adopted unanimously. PUBLIC COMMENTS CHAIR O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING. No persons spoke. COMMUNICATIONS AND PETITIONS No communications. REPORTS OF COMMITTEES PERSONNEL COMMITTEE REPORT The Personnel Committee met on September 4, 1997,to receive the following documents for review and discussion: 1. Pension Plan documents, and 2. Performance appraisal results for the three staff positions reporting to the Board. Board Minutes Page 73 September 30, 1997 Present were Commissioners Strolle as chair, Graves,O'Leary and Pratt. Pension Plan Documents. The Commissioners received the following Board of Water and Light Pension Plan documents prior to the meeting for review and discussion: • Defined Benefit Plan and Summary Description as of December 1, 1997 • Defined Contribution Plan and Summary Description as of December 1, 1997 • Defined Contribution Plan Trust Agreement Treasurer/Controller Dana Tousley presented a comparative summary of changes made to the Defined Benefit Pension Plan. He reported that some of the changes came about as a result of union negotiations;some were made to make the Plan as comparable as possible to the new Defined Contribution Plan; and others were made to comply with governmental pension plan requirements. The features of the Defined Contribution Plan were also reviewed and discussed. The Personnel Committee recommends, adoption of the following resolution: AUTHORIZATION TO ESTABLISH THE EMPLOYEES'DEFINED CONTRIBUTION PENSION TRUST PLAN (Resolution 97-9-1) WHEREAS, the Board of Water and Light Commissioners on November 26, 1996, (Resolution 96-11-8)adopted, subject to legal review, a new Defined Contribution Pension Plan effective July 1, 1996,and expiring June 30, 2002, and WHEREAS, the new Defined Contribution Plan requires a trust be created to receive employer contributions and hold employee assets. IT IS RESOLVED, That the Employees'Defined Contribution Pension Trust Agreement, a copy of which is attached to these minutes,is adopted and the Employees' Defined Contribution Pension Trust is established and shall be administered according to the trust agreement. --------------------- MOTION: Commissioner Royal moved, seconded by Commissioner Christian,to approve Resolution 97-9-1 (Employees' Defined Contribution Pension Trust Plan)as presented. Adopted by the following vote: YEAS: Christian, Graves, Strolle,O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: None Performance Appraisals. The Personnel Committee met with Steve Pollo,Human Resources Employment/Compensation Administrator,to review the results of job performance appraisals for the three appointed staff positions. Page 74 Board Minutes September 30, 1997 The Personnel Committee recommends adoption of the following resolution: RESOLUTION AUTHORIZING PERFORMANCE APPRAISALS RECOMMENDED BY PERSONNEL COMMITTEE (Resolution 97-9-2) WHEREAS,performance appraisals and salary increases for the three positions reporting to the Board are administered according to the Board of Water and Light wage and salary plan for non-bargaining unit administrative employees;be it IT IS RESOLVED, That the General Manager, Corporate Secretary and Internal Auditor are eligible to receive salary increases effective as of July 1, 1997, according to the 1996-97 Performance Increase Matrix;and RESOLVED FURTHER, That the ratings for the three persons reporting to the Board be hereby confirmed and approved as follows: Name Rating Range General Manager Joseph Pandy,Jr. - Meets or exceeds performance expectations Corporate Secretary Mary Sova - Meets or exceeds performance expectations Internal Auditor Kellie Willson - Significantly exceeds performance expectations Respectfully submitted, John Strolle, Chair Joseph E. Graves, Jr. David O'Leary Peter P. Pratt PERSONNEL COMMITTEE MOTION: Commissioner Strolle moved, seconded by Commissioner Royal,to approve the Personnel Committee Report, including 97-9-2(Performance Appraisals), as presented. Adopted by the following vote: YEAS: Christian, Graves, Strolle, O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: None COMMITTEE OF THE WHOLE REPORT (97-9-3) The Committee of the Whole met on September 16, 1997, at 5:30 p.m. to receive status reports on electric utility deregulation and other matters of importance to the Commissioners. Present were Commissioners O'Leary,Pratt,Royal, Strolle, and Werbelow. Excused absences: Commissioners Christian and Graves. Board Minutes Page 75 September 30, 1997 Electric Utility Deregulation. Bill Cook,Director of Electric System Support Division,presented a chronology of key events that have occurred on electric utility restructuring since the Board's last update in June, 1997. He reported that Senator Mat Dunaskiss is prepared to introduce legislation on electric restructuring at the onset of the Fall legislative session to begin September 23, 1997. Other reports and issues reviewed included: • A comparison of the Pro-Competition Coalition Bill with the Michigan Public Service Commission(MPSC) Restructuring Order, dated June 5, 1997. • Delivery Service Territory • Stranded Cost Recovery John Davis and Ralph Ostling,representing Kheder and Associates,presented an overview of their activities in assisting the BWL with representation before the Michigan Legislature on electric restructuring issues. An action plan detailing BWL government relations strategy over the course of the next several months to address electric industry restructuring concerns was handed out for review. Following discussion,the Commissioners expressed their interest in taking a more active role in meeting with legislators to convey the BWL's position on electric deregulation. Senator Dianne Byrum's efforts in becoming well informed on electric restructuring issues were recognized by the Commissioners, and a letter conveying the Board of Water and Light's appreciation is being sent to her. Other matters before the Committee of the Whole included: Main Office Building Sale. A letter from Capitol Annex,L.L.C. , dated September 10, 1997,was received regarding the status of negotiations in securing a tenant for the BWL main office building. This matter was deferred until such time that the developer and the City have discussed details of the agreement. City Study of BWL. The City is finalizing the scope of their study of the BWL. As currently written,Phase I of the study would be a competitive assessment of the electric utility. All four phases of the study would cost an estimated$250,000 in labor plus expenses. Rotary Tower Dedication. The Commissioners were invited to attend the Rotary Tower dedication on September 19. The Rotary Tower(steam clock)is a$150,000 gift to the City of Lansing financed entirely by donations from members of the Rotary Club of Lansing. Ottawa Station Development Negotiations. The Commissioners discussed the merits of meeting with Thomas J. Coates on September 19 due to recent developments on the loss of his financial backing,per letter received from Waycor Corporation(a Barden Affiliate), dated August 27, 1997. Following discussion,there was consensus that the decision should be left to the"Special Committee on Ottawa" as to whether or not the meeting with Mr. Coates should be held. Commissioner Werbelow suggested that due to time demands and development complexities of projects of this type, he would prefer engaging the services of a consultant to coordinate the project development instead of burdening staff with additional responsibilities. This matter will be discussed further at a future date. Status of General Motors' (GM)20" Steam Main. Steam Utility Director Joette Woodard-Yauk presented an update on problems encountered with Pipe Systems,the company contracted to design and build the steam main project to serve GM's Verlinden Street Body Plant. The following documents were handed out and reviewed: • Copy of a memo to General Manager Pandy from Joette Woodard-Yauk,dated September 16, 1997, summarizing the status of GM's Steam Main. • Schematic of the underground portion of the steam line, experiencing joint problems. • Summary report on the expansion joints, location,type,field observations, alignment data,joint damage, etc. Page 76 Board Minutes September 30, 1997 Ms. Woodard-Yauk briefed the Commissioners on discussions held between the BWL and Pipe Systems to keep them on the job. She reported that to date negotiations to resolve differences relative to engineering design issues and the schedule proposed for the redesign work and project completion have been unsuccessful. Known exposures to date for the BWL were reviewed. Staff reported that the BWL is prepared to take over the project if Pipe Systems shows no action within the next couple of days. Following lengthy discussion, the Commissioners concurred that the first priority is to serve the customer and to honor the agreement with GM. The Commissioners supported staffs proposal to retain one or more substitute contractors to complete the construction project,with construction management to be handled by the Project Engineering Department. This is an alternative if staff determines that further efforts to attempt to utilize Pipe Systems to complete the project are unproductive. Respectfully submitted, John Strolle, Chair Pro Tem Committee of the Whole Commissioner Strolle reported on the most recent development between the BWL and Pipe Systems since the Committee of the Whole Report was written. He noted that Agreement has been reached with Pipe Systems,Inc. for completion of the Steam Pipeline Interconnect to GM Plant#6. The BWL and Pipe Systems have signed a Memorandum of Understanding which resolves the various issues. Pipe Systems is proceeding to make modifications to the system under the design direction of Stanley Consultants. Steam Utility Director Joette Woodard-Yauk also reported that the Memorandum of Understanding has been an effective means to achieve the BWL's primary goal of completing the project quickly and providing steam service to GM at the earliest possible date. MOTION: Commissioner Strolle moved, seconded by Commissioner Christian,to accept the Committee of the Whole Report as presented. Adopted by the following vote: YEAS: Christian, Graves, Strolle, O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: None GENERAL MANAGER'S RECOMMENDATIONS ADMMSTRATION Res.No. 97-9-4 WHEREAS, Andrew Andersen and Helen M. Andersen, executed a certain easement, dated June 10, 1952, conveying and warranting to the Board of Water and Light(BWL)forever, such rights as recorded in Liber 53 of Miscellaneous Records,Pages 323-324, in the Register of Deeds, Ingham County,Michigan, and Board Minutes Page 77 September 30, 1997 WHEREAS, Foster, Swift, Collins&Smith, representing 3500 South MLK,LLC, Owner of part of Block 3500 South Martin Luther King Boulevard, City of Lansing, has requested the release of said easement, more specifically described as follows: Beginning at a point of the south Right of Way line of Holmes Road, 195.64 feet west and 33 feet south of the North 1/8 post of the northeast 1/4 of Section 32,Lansing Township,T4N,R2W, Ingham County,Michigan. Thence South 627.0 feet to a point on the south property line 204.33 feet west of the centerline of Logan Street, thence west 20.0 feet,thence north 627.0 feet to the south Right of Way line of Holmes Road,thence east 20.0 feet along said line to point of beginning. WHEREAS,this easement as specifically described above is not needed to continue the operations of the BWL,and WHEREAS, 3500 South MLK,LLC(Owner)has agreed to grant a new easement to the BWL in exchange of the existing easement, subject to acceptance by the BWL,and WHEREAS, execution of the replacement easement by 3500 South MLK,LLC is deemed a condition precedent to the BWL's declaration above that its easement is unnecessary for BWL purposes. IT IS RESOLVED,That the Board release, discharge and vacate said easement on the above described property, and that the General Manager and Corporate Secretary be authorized to enter into agreement for the release of easement, subject to the requirements of State Law,the Lansing City Charter and Codified Ordinances and conditioned upon the granting of a replacement easement. Further that the Corporate Secretary be directed to record the release of easement with the Ingham County Register of Deeds. RESOLVED FURTHER, That in consideration of this exchange, 3500 South MLK,LLC has agreed to provide a replacement easement described as follows: PROPERTY DESCRIPTION: That part of the north 1/2 of the northwest 1/4 of the northeast 1/4 of Section 32, T4N,R2W, City of Lansing, Ingham County,Michigan described as: Commencing at the north 1/4 comer of Section 32, T4N, R2W, City of Lansing, Ingham County,Michigan;thence N 89°48'18" W 88 1.10 feet along the north line of said Section 32,to the point of beginning of the following described parcel;thence S 00°20'42" W 243.00 feet parallel with the east 1/8 line of the northeast 1/4 of said Section 32; thence N 89°48'18"W 250.00 feet parallel with the north line of said Section 32;thence S 00°20'42" W 418.47 feet to the north line of the Plat of Montclair No. 1,recorded in Liber 16 of Plats,Page 46;thence along the north line and extension of said line S 89°56'45"E 695.71 feet to the east 1/8 line of the northeast 1/4 of said Section 32;thence N 00020'42"E 496.76 feet along said 1/8 line to a point S 00°20'42" W 163.00 feet from the north 1/8 corner of the northeast 1/4 of said Section 32;thence N 89°48'18" W 172.00 feet; thence N 00°20'42"E 130.00 feet;thence N 89°48'18"W 73.70 feet;thence N 00°20'42"E 33.00 feet to the north line of said Section 32;thence N 89°48'18" W 200.00 feet to the point of beginning. Containing 8.457 acres more or less,and being subject to all easements and restrictions of record. EASEMENT DESCRIPTION: The south 15 feet of the above described property. Page 78 Board Minutes September 30, 1997 The owner of the property requests the abandonment of this easement to remove an encumbrance created by the existing easement located down the center of the parcel, including a building standing over the easement. The existing easement was not utilized or required. The BWL's current and new facilities will be located within the new easement. Res. No. 97-9-5 WHEREAS, on July 25, 1995 (Resolution 95-7-3), the Board declared real property commonly known as 1020 Filley Street,Lansing as surplus and not required for Board of Water and Light(BWL)operations,and WHEREAS, the property is being purchased by the adjoining property owner,Maurer Enterprises,Inc.,to maintain access and allow for future expansion of the business,and WHEREAS, the City of Lansing Assessor's Office has advised us that a discrepancy exists in the description of the adjoining properties such that the BWL may be deemed to have an interest in the parcel described below,and WHEREAS, since the BWL is one of three parties involved in the conveyance of above-mentioned parcel pursuant to previous deeds that were recorded, it may have an interest in the 10.8 foot strip of property,which is not needed for its operations. IT IS RESOLVED,That the following described 10.8 foot parcel of property be declared as surplus and not required for BWL Operations: PROPERTY DESCRIPTION: A parcel of land in the Southeast one-quarter of the Northeast one-quarter of Section 5, T4N, R2W, City of Lansing, Ingham County,Michigan,described as: Commencing at the intersection of the West line of Lot 8,Plat of Scott Subdivision and the Northerly line of Filley Street,thence North 205 feet more or less, along said West line Lot 8 to a point 150.07 feet South of the Northwest corner said Lot 8,thence West 210.8 feet,thence South 83.17 feet to the Northerly line of said Filley Street,thence Southeasterly 245 feet more or less along the Northerly line of Filley Street to the place of beginning;excepting the East 200 feet thereof. RESOLVED FURTHER,That a Quit Claim deed be provided to Maurer Enterprises,Inc. conveying the above described parcel. RESOLVED FURTHER,That the General Manager and Corporate Secretary be authorized to enter into agreement for the disposition of this property, subject to the requirements of State Law,the Lansing City Charter and Codified Ordinances. The BWL is interested in assisting Maurer Enterprises to resolve the measurement discrepancy problem without having to file a quiet title action. Specifically, there seems to have been a general underestimation of the sizes of the parcels in this vicinity. The City of Lansing bought a 200 foot parcel from the Township of Lansing in 1982, Board Minutes Page 79 September 30, 1997 Liber 1388, page 602. The City sold the west 100 feet of that to the BWL in 1985 (Liber 1520,page 1279),and the East 100 feet of the 200 feet to Maurer Enterprises in 1994 (Liber 2209,page 883). The problem arises with a 1988 survey along the North line of the former fire station performed by a survey performed by Fred White Survey Engineering Company,which states the dimension is 210.8 feet, leaving a gap of 10.8 feet in between the as- surveyed"gravel" drive and the west property line of the land conveyed to the BWL by the City of Lansing in 1985. The owner,Lawrence Maurer,is also attempting to obtain quit claim deeds from the Township of Lansing and the City of Lansing. In addition, this resolution will allow the Contract for Sale of Real Estate between the BWL and Maurer Enterprises, Inc. that is pending to be executed. MOTION: On motion of Commissioner Christian, seconded by Commissioner Strolle,Resolutions 97-9-4 and 97-9-5 were approved by the following vote: YEAS: Christian, Graves, Strolle,O'Leary,Pratt,Royal,Werbelow NAYS: None ABSENT: None ELECTRIC PRODUCTION Res. No. 97-9-6 RESOLVED,that the current Chemical Commodity Supplier and Chemical Consultant Agreement with Betz (Eckert and Moores Park Stations)and Nalco(Erickson Station)be extended for three years, July 1, 1998 to June 30, 2001. This will minimize BWL exposure to price increases. The current agreements,which expire June 30, 1998,held fixed prices for all three years and were awarded based on lowest and best evaluated bids. These suppliers have done commendable consulting work, and would extend contracts based on weighted average price increases of 1.69%per year,below the average annual inflation rate of 3%. -------------------- ol MOTION: On motion of Commissioner Strolle, seconded by Commissioner Christian,Resolution 97-9-6 was approved by the following vote: YEAS: Christian, Graves, Strolle, O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: None Page 80 Board Minutes September 30, 1997 TREASURER/CONTROLLER Res. No. 97-9-7 RESOLVED, That the Lansing Board of Water and Light Employees' Defined Contribution Pension Plan Funding Policy Statement with attached Schedule A is hereby adopted effective December 1, 1997; and FURTHER RESOLVED, That the Treasurer/Controller and Chief Financial Officer of the Lansing Board of Water and Light is authorized to act in accordance with Section IV of said Investment Policy Statement with regard to specific participant investment options available under the Lansing Board of Water and Light Employee's Defined Contribution Pension Plan; and FURTHER RESOLVED, That the General Manager and the Corporate Secretary of the Board of Commissioners are authorized to execute said Funding Policy Statement and Schedule A on behalf of the Lansing Board of Water and Light. MOTION: On motion of Commissioner Strolle, seconded by Commissioner Christian, to approve Resolution 97-9-7. General Accounting Manager David Cluley reviewed the process by which employees will receive information on the Defined Benefit Pension Plan and the Defined Contribution Pension Plan. The BWL is sponsoring mandatory classes in October to educate all employees on the differences between the two pension plans. Employees will have until November 21, 1997, to analyze the information--individually or with their financial consultant--and notify management if they wish to convert to the Defined Contribution Pension Plan. The Board emphasized the importance for employees to receive adequate information on the investment option selection process and the attributes of both plans. Adopted by the following vote: YEAS: Christian, Graves, Strolle, O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: None UNFINISHED BUSINESS Chairman O'Leary reported that the previous Nominating Committee appointed on May 20, 1997, is being dissolved, and a new committee is being appointed to nominate Board officer candidates for Fiscal Year 1997-98. New members are: Commissioners Jud Werbelow(chair), Joseph Graves, and Peter Pratt. The Nominating Committee was requested to present their slate of officers at a Special Board Meeting to be held October 14, 1997,for consideration. s Board Minutes Page 81 September 30, 1997 NEW BUSINESS Ottawa Station Development. Commissioner Christian, Chairperson of the Ottawa Station Development Special Committee,presented a report on their meeting with developer Thomas J. Coates on September 19, 1997. In summary,Mr. Coates is still proposing a mixed use development with the same proposed tenants(hotel, sports bar, theater complex, health club,as well as a separate residential development. A significant change discussed by Mr. Coates is that he has an undisclosed equity source to stand in the stead of the Barden group. Several questions Mr. Coates had for the committee dealt with the availability of the land, subordination of the ground lease, and environmental issues upon the property. Mr. Coates indicated that the Magic Johnson Group is still interested as a partner in the Ottawa Station development. Magic Johnson sees at least two leasing opportunities: (1)the theater complex conditioned on a favorable feasibility study by Sony and(2)the sports bar conditioned on the feasibility of the theater complex. These two leases would provide Mr. Coates with 30 percent occupancy pre-leasing,which would render the project viable. The Board engaged in lengthy discussion regarding two important phases involved in the redevelopment of the Ottawa Station: Phase 1: Equipment Removal and Salvage. General Manager Pandy distributed copies of a tabulation compiled in June 1995 of bids received on equipment removal and salvage within the walls of the Ottawa Station. Following discussion, there was Board concurrence for staff to seek new bids on removal of equipment and salvage of the building. Staff is to report back at the next Board meeting. Phase 2: Development of Master Plan. In the event the theater marketing study is negative, General Manager Pandy suggested a conceptual contingency plan as a development alternative for the Ottawa Station starting with a top,down approach. The BWL would essentially take responsibility for developing the building,and would commit to occupying the top floor with up to 6,000 square feet for office space. Also,the BWL would negotiate leases with businesses that have previously indicated an interest in the project for space on the several top floors. Following discussion, staff was directed to prepare a comprehensive report for review and consideration at the next Board meeting detailing a comparative cost analysis on issues such as: 1. Ramification on the budget and rates(if any) 2. Leaving the building as is 3. Equipment removal and salvage 4. Schedule 5. Grant eligibility for environmental remediation of the property 6. Contingency plan costs and possible alternatives(beyond the demolition) MOTION: On motion of Commissioner Werbelow, seconded by Commissioner Pratt: Authorization for Thomas J. Coates to Proceed with the Sony Market Study (Resolution 97-9-8) RESOLVED,That the Board hereby wishes to advise Thomas J. Coates to proceed with the Sony review on the feasibility of the theater complex. The Board would expect to receive a copy of Sony's written analysis by January 1, 1998, and RESOLVED FURTHER, That the estimated time deemed necessary to prepare Ottawa Station for development, such as demolition and/or removal of equipment, is nine(9)months, and RESOLVED FURTHER, That the Board of Water and Light would expect to take 6,000 square feet of space in the Ottawa Station project for offices. Page 82 Board Minutes September 30, 1997 Adopted by the following vote: YEAS: Christian, Graves, Strolle, O'Leary,Pratt,Royal, Werbelow NAYS: None ABSENT: None RESOLUTIONS No resolutions. GENERAL MANAGER'S REMARKS Sale of Main Office Building Status. General Manager Pandy reported that there is still no word from Capitol Annex,L.L.C. on the purchase of the main office building. The last official communication received from the developer was on September 10, 1997, indicating he was prepared to finalize an agreement to purchase the building. Following discussion,the Commissioners agreed on the need for a definitive answer in writing from the developer or the tenant indicating an intent to proceed with the project. That should be the touch stone as to when staff starts to devote more time on relocation matters. Commissioner Appointee Rosemary Aquilina Welcomed. General Manager Pandy recognized Commissioner- nominee,Rosemarie Aquilina,who was in the audience as an observer. Ms. Aquilina and nominee Charles Creamer are scheduled to be interviewed by the Council's Committee of the Whole on October 2. Electric Restructuring Update. General Manager Pandy distributed a letter written on behalf of the Board of Commissioners to Senator Dianne Byrum in appreciation for her leadership role in electric utility restructuring. The Commissioners have been meeting with staff and Kheder and Associates for briefings on the restructuring process. Metzler&Associates-Consultant for Austin Electric Utility. A promotional letter from Metzler&Associates was distributed which describes how they assisted Austin Electric Utility in early 1997 to prepare it to succeed in the competitive marketplace. That assignment has already cost Austin$2.2 million, and could cost an additional$3.7 million to complete. Staff Meets with Wisconsin Power and Light. A meeting was held with representatives from Wisconsin Power and Light who is merging with Iowa utilities to form an interstate energy corporation. They are interested in seeking an alliance with the BWL by helping to acquire fuels at a favorable price. A graph was displayed depicting the delivered cost of coal for large utilities in the Mid-America Interconnect Network(MAIN)and the East Central Area Reliability(SCAR)regions. The average cost per million BTU for Eckert and Erickson Stations and Belle River were compared against the various utilities in the midwest region of the United States. The impact of the BWL lowering its fuel cost by potentially burning Western Powder River Basin coal was also compared. General Manager Pandy pointed out that the BWL's ability to burn Western fuel is critical to the BWL's strategic market position. Board Minutes Page 83 September 30, 1997 REMARKS BY COMMISSIONERS Commissioner Werbelow announced that the Nominating Committee plans to meet shortly to develop the slate of officers. Input by all Commissioners was invited in the nominations process. Commissioner Graves stated that he would like to receive a report at a future Committee of the Whole meeting on the BWL's contractual services with women and minority-owned firms. Commissioner Pratt inquired about the Faith Wesleyan Church communication,dated June 23, 1997, in which an extension is requested on their Agreement for Extension of Water Distribution System. General Manager Pandy responded that the BWL constructed a distribution system to serve the Church(developer) in 1987. The developer agreed to reimburse the BWL for installation of the system extension. There was only one payback to the developer during the ten-year period of the contract. Mr. Pandy reported that a ten-year limit is common for this type of contract. Staff recommends against extending the contract as it would set a precedent of twenty(20)years to reimburse developers for other similar hookups. There being no objection, staff`s recommendation stands. Commissioner Pratt stated that a colleague from his firm,Public Sector Consultants,has been engaged by the Michigan Jobs Commission to conduct an analysis on securitization and stranded costs. Commissioner Pratt noted that he is purposely keeping an arm's length distance on this matter by virtue of his involvement with the BWL on electric restructuring issues. In the spirit of full disclosure he wanted to make this matter known. Chairman O'Leary remarked that he has collected 15 different news articles relative to the Ottawa Power Station over a two-year period,and commented on the need for the Board to step forward on this project. Commissioner Christian stated that he recently read an article in the WALL STREET JOURNAL on California's experience with electric deregulation. The essence of the story was that once all the hoopla was over,the anticipated savings has been disappointing. Initially savings of up to 40 percent were expected,however, approximately 7 percent in savings at a graduated pace is being realized. The article also indicates that businesses in this program probably will not realize cost savings until the year 2002. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES No absences. ADJOURNMENT There being no further business,the meeting adjourned at 7:10 p.m. Mary E. S?a, ecretary Filed: October 2, 1997 Marilynn Slade, City Clerk LANSING BOARD OF WATER AND LIGHT EMPLOYEES' DEFINED CONTRIBUTION PENSION TRUST AGREEMENT LANSING BOARD OF WATER AND LIGHT EMPLOYEES' DEFINED CONTRIBUTION PENSION TRUST AGREEMENT This Agreement, made this day of , 1997, between the Lansing Board of Water and Light (hereinafter referred to as the "Employer") and the individual trustees named in section 1.01(f) below (hereinafter collectively referred to as the "Trustee"). WITNESSETH: WHEREAS, the Employer has adopted the Lansing Board of Water and Light Employees' Defined Contribution Pension Plan (hereinafter referred to as the "Plan") and this related Trust Agreement for its eligible employees; and and WHEREAS, a Plan Administrator has been appointed to administer the Plan; WHEREAS, under the Plan, funds will from time to time be contributed to the Trustee, which funds will constitute a trust fund to be held for the exclusive benefit of the participants in the Plan or their beneficiaries, including payment of certain expenses; and WHEREAS, the Employer wants the Trustee to hold, invest, reinvest and otherwise to administer the funds, and the Trustee has indicated its willingness to do so, all pursuant to the terms of this Agreement; NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained, the Employer and the Trustee do hereby covenant and agree as follows: ARTICLE I - DEFINITIONS AND CONSTRUCTION 1.01 Definitions: The following words and phrases shall, when used herein, have the following respective meanings unless their context clearly indicates otherwise: (a) Employer: Lansing Board of Water and Light. (b) Named Fiduciary: Lansing Board of Water and Light. (c) Plan: Lansing Board of Water and Light Employees' Defined Contribution Pension Plan, as amended from time to time. (d) Plan Administrator: Lansing Board of Water and Light. (e) Trust (or Trust Fund): The fund known as the Lansing Board of Water and Light Employees' Defined Contribution Pension Trust, as set forth in this Agreement, as from time to time amended. (f) Trustee: Each member of the Employer's Board of Commissioners is a Plan trustee during his or her term of office as a Commissioner. Each trustee shall execute an appropriate document evidencing his or her agreement to be bound by the terms of this Trust. 1.02 Construction: The masculine gender, where appearing in this Agreement, shall be deemed to include the feminine gender, unless the context clearly indicates to the contrary. The words "hereof", "herein", "hereunder" and other similar compounds of the word "here" shall mean and refer to the entire Trust and not to any particular provision or section. ARTICLE II - RECEIPT OF CONTRIBUTIONS AND PAYMENTS FROM TRUST FUND 2.01 The Trustee shall receive any contributions paid to it in cash or in the form of such other property as it may from time to time deem acceptable and which shall have been delivered to it. All contributions so received, together with the income therefrom and any other increment thereon, (hereinafter collectively referred to as the "Trust Fund") shall be held and administered by the Trustee pursuant to the terms of this Agreement without distinction between principal and income and without liability for the payment of interest thereon. The Employer shall make contributions in such manner and at such times as shall be appropriate. The Trustee shall not be responsible for the calculation or collection of any contribution under or required by the Plan, but shall be responsible only for property received by it pursuant to this Agreement. 2.02 The Plan, this Agreement and the Trust Fund thereunder are intended to meet all the requirements of Sections 401(a) and 501(a) of the Internal Revenue Code of 1986, as the same may be amended from time to time. 2.03 Subject to the limitations imposed by Section 2.04 of this Article, the Trustee shall from time to time on the written directions of the Plan Administrator make payments out of the Trust Fund to such persons, in such amounts and for such purposes as may be specified in the written directions of the Plan Administrator. To the extent permitted by law, the Trustee shall be under no liability for any payment made pursuant to the direction of the Plan Administrator. Any written direction of the Plan Administrator shall constitute a certification that the distribution or payment so directed is one which the Plan Administrator is authorized to direct. 2 2.04 Anything contained in this Agreement to the contrary notwithstanding, it shall be impossible at any time prior to the satisfactioti of all liabilities with respect to participants and their beneficiaries, for any part of the Trust Fund to be used for or diverted to purposes other than for the exclusive benefit of the participants under the Plan and their beneficiaries. ARTICLE III - INVESTMENT OF TRUST 3.01 Selection of Investment Options. The Trustee shall have no responsibility for the selection of investment options under the Trust and shall not render investment advice to any person in connection with the selection of such options. 3.02 Available Investment Options. The Named Fiduciary shall direct the Trustee as to what investment options Plan participants may invest in. 3.03 Participant Direction. Each Plan participant shall direct the Trustee as to which investment option(s) the assets in the participant's individual accounts will be invested in. Such directions may be made by Plan participants in such manner as the Plan Administrator directs. If the Trustee fails to receive a proper direction as to certain assets, those assets shall be invested in the default investment option selected by the Plan Administrator until the Trustee receives a proper direction. 3.04 Mutual Funds. Trust investments in Mutual Funds shall be subject to the following limitations: W Execution of Purchases and Sales. Purchases and sales of Mutual Funds shall be made on the date on which the Trustee or its agent receives from the Employer in good order all information and documentation necessary to accurately effect such purchases and sales (or in the case of a purchase, the subsequent date on which the Trustee or its agent has received a wire transfer of funds necessary to make such purchase). GO Voting. At the time of mailing of notice of each annual or special stockholders' meeting of any Mutual Fund, the Trustee or its agent shall send a copy of the notice and all proxy solicitation materials to each Plan participant who has shares of the Mutual Fund credited to the participant's accounts, together with a voting direction form for return to the Trustee or its designee. The participant shall have the right to direct the Trustee as to the manner in which the Trustee is to vote the shares credited to the participant's accounts (both vested and unvested). The Trustee shall vote the shares as directed by the participant. The Trustee shall not vote shares for which it has received no directions from the participant. With respect to all rights other than the right to vote, the Trustee shall follow the directions of the participant and if no such directions are received, the directions of the Named Fiduciary. The Trustee shall have no duty to solicit directions from participants. 3 3.05 N6tes. The Plan Administrator or its agent shall act as the Trustee's agent for the purpose of holding all trust investments in pat-ticipant loan notes and related documentation and as such shall (i) hold physical custody of and keep safe the notes and other loan documents, (ii) collect and remit all principal and interest payments to the Trustee. (iii) keep the proceeds of such loans separate from the other assets of the Administrator and clearly identify such assets as Plan assets, (iv) advise the Trustee of the date, amount and payee of the checks to be drawn representing loans, and (v) cancel and surrender the notes and other loan documentation when a loan has been paid in full. 3.06 Reliance of Trustee on Directions. (i) The Trustee shall not be liable for any loss, or by reason of any breach, which arises from any participant's exercise or non- exercise of rights under this Article III over the assets in the participant's accounts, except to the extent of the trustee's negligence related thereto. (ii) The Trustee shall not be liable for any loss, or by reason of any breach, which arises from the Named Fiduciary's exercise or non-exercise of rights under this Article III, unless the actions to be taken under the Named Fiduciary's directions were prohibited by relevant law or were contrary to the terms of the Plan or this Agreement. ARTICLE IV - FUNDING POLICY The Plan Administrator shall establish and carry out a funding policy consistent with the purposes of the Plan and the requirements of applicable law. The terms of this Trust shall be subject to such funding policy and any changes thereof from time to time as the Plan Administrator may, pursuant to the Plan, adopt from time to time. It shall be the duty of the Trustee to act strictly in accordance with such funding policy, and any changes therein, as so communicated to the Trustee from time to time in writing. ARTICLE V - TRUSTEE POWERS The Trustee shall have the following powers and authority: 5.01 Subject to paragraphs 3.02, 3.03, and 3.04 of Article III, to sell, exchange, convey, transfer, or otherwise dispose of any property held in the Trust, by private contract or at public auction. Any person dealing with the Trustee in any such transaction may rely on the Trustee's authority to enter into the transaction. 5.02 Subject to paragraphs 3.02 and 3.03 of Article III, to invest in guaranteed investment contracts and short term investments and in collective investment funds maintained for qualified plans, in which case the provisions of each collective investment fund in which the Trust is invested shall be deemed adopted by the Employer and the provisions thereof incorporated as a part of this Trust as long as the fund remains exempt 4 from taxation under Sections 401(a) and 501(a) of the Internal Revenue Code of 1986, as amended. 11 5.03 To cause any securities or other property held as part of the Trust to be registered in the Trustee's own name, in the name of one or more of its nominees, or in the Trustee's account with Prudential Investments and to hold any investments in bearer form, but the books and records of the Trustee shall at all times show that all such investments are part of the Trust. 5.04 To keep that portion of the Trust in cash or cash balances as the Plan Administrator may, from time to time, deem to be in the best interest of the Trust. 5.05 To make, execute, acknowledge, and deliver any and all documents of transfer or conveyance and to carry out the powers herein granted. 5.06 To settle, compromise, or submit to arbitration any claims, debts, or damages due to or arising from the Trust; to commence or defend suits or legal or administrative proceedings; to represent the Trust in all suits and legal and administrative hearings; and to pay all reasonable expenses arising from any such action from the Trust if not paid by the Employer. 5.07 To employ legal, accounting, clerical, and other assistance as may be required in carrying out the provisions of this Agreement and to pay their reasonable expenses and compensation from the Trust if not paid by the Employer. 5.08 To do all other acts although not specifically mentioned herein, as the Trustee may deem necessary to carry out any of the foregoing powers and the purposes of the Trust, consistent with the City Charter of the City of Lansing, Michigan. ARTICLE VI - FEES AND EXPENSES 6.01 The expenses incurred by the Trustee in the performance of its duties, including fees for legal services, and such compensation to the Trustee as may be agreed upon in writing from time to time between the Employer and the Trustee, and all other proper charges and disbursements of the Trustee, including any and all taxes assessed against the Trustee or the Trust Fund, shall be paid from the Trust Fund unless paid by the Employer. ARTICLE VII - TRUSTEE'S DUTIES AND OBLIGATIONS 7.01 The Trustee shall discharge its duties under this Agreement solely in the interest of the participants in the Plan and their beneficiaries and for the exclusive purpose of 5 providing benefits to such participants and their beneficiaries and defraying reasonable expenses of administering the Plan, with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims, in accordance with the provisions of this Agreement as this Agreement may be from time to time amended; but the duties and obligations of the Trustee as such shall be limited to those expressly imposed upon it by this Agreement notwithstanding any reference herein to the Plan, or to the provisions thereof, it being hereby expressly agreed that the Trustee is not a party to the Plan. 7.02 The Trustee may consult with counsel (who may be counsel for the Employer or for the Trustee in its individual capacity), and the Trustee shall not be deemed imprudent by reason of its taking or refraining from taking any action in accordance with the opinion of counsel. The Employer agrees, to the extent permitted by law, to indemnify and hold each individual Trustee harmless from and against any liability that the Trustee may incur in the administration of the Trust Fund, unless arising from the Trustee's own negligent or willful breach of the provisions of this Agreement. The Trustee shall not be required to give any bond or any other security for the faithful performance of its duties under this Agreement, except such as may be required by a law which prohibits the waiver thereof. 7.03 The Trustee shall be entitled, as it may deem appropriate from time to time, to require of the Employer, the named fiduciary or any other person involved in the administration of the Plan or investment of the Trust Fund, or having any interest under the Plan or in, to, or under this Agreement or to the Trust Fund held hereunder, such certifications and proofs of facts as shall permit the Trustee to perform its duties or to exercise the powers granted to the Trustee under this Agreement. ARTICLE VIII - ACCOUNTS AND RECORDS 8.01 The Trustee shall keep accurate and detailed accounts of all investments, receipts, disbursements and other transactions hereunder and all such accounts and other records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the Plan Administrator. Within ninety (90) days following the close of the fiscal year of the Trust Fund and within ninety (90) days after the removal or resignation of all of the individual Trustees as provided under Article IX hereof, the Trustee shall file with the Employer a written account setting forth all investments, receipts, disbursements and other transactions effected by it during such fiscal year or during the period from the close of the last fiscal year to the date of such removal or resignation. Upon the expiration of sixty (60) days from the filing of such account, each individual Trustee shall be forever released, remised and discharged from all liability and accountability to anyone with respect to the propriety of the Trustee accounts and transactions shown in such accounts except with respect to any such account or transactions as to which the Employer shall within such sixty (60) day period file written exceptions and objections. To the extent permitted by law, but subject to 6 any express provision of applicable law as may be in effect from time to time to the contrary, no person other than the Employer may require an accounting or bring any action against any individual Trustee or all of the Trustees with respect to the Trust Funds or any actions as Trustee. 8.02 Notwithstanding any other provision of this Article VIII, the Trustee shall have the right to have a judicial settlement of the Trustee's accounts, or for instructions in connection with the Trust Fund, in which case the only necessary parties thereto in addition to the Trustee shall be the Employer and the Plan Administrator. If the Trustee so elects, it may bring in any other person or persons as a party or parties defendant. ARTICLE IX - TRUSTEE'S REMOVAL OR RESIGNATION 9.01 Any or all of the individual Trustees may be removed by the Employer at any time upon sixty (60) days' notice in writing to the affected Trustee(s) and the Plan Administrator. Any or all of the individual Trustees may resign at any time upon sixty (60) days' notice in writing to the Employer. Upon such resignation or removal, the Employer may appoint successor trustees who shall have the same powers and duties as those conferred upon the individual Trustees named in this Agreement. The removal of a Trustee and the appointment of a successor trustee shall be by written instrument delivered to both individuals. ARTICLE X - LIMITATION ON TRUSTEE'S LIABILITY 10.01 The Plan Administrator shall administer the Plan as provided therein, and the Trustee shall not be responsible in any respect for administering the Plan nor shall the Trustee be responsible for the adequacy of the Trust Fund to meet or discharge any payments or liabilities under the Plan. The Trustee shall be fully protected in relying upon any written notice, instruction, direction or other communication of the Plan Administrator when signed by the Plan Administrator. The Employer from time to time shall furnish the Trustee with the names and specimen signatures of authorized representatives of the Plan Administrator and officers of the Employer, and shall promptly notify the Trustee of the termination of office of any authorized representative of the Plan Administrator or any relevant officer of the Employer and the appointment of such person's successor. Until notified to the contrary in writing, the Trustee shall be fully protected in relying upon the most recent certification of the Plan Administrator and any certification regarding representatives and officers of the Employer which was furnished to it by the Employer. 10.02 Any action required by any provision of this Agreement to be taken by the Employer shall be evidenced by a resolution of the Employer's Board of Commissioners certified to the Trustee by the Secretary of the Board, and the Trustee shall be fully protected in relying upon any resolution so certified to it. Unless other evidence with respect thereto 7 has been expressly prescribed in this Agreement, any other action of the Employer under any provision of this Agreement, including any approval of or exceptions to the Trustee's accounts, shall be evidenced by a certificate signed by an authorized representative of the Employer, and the Trustee shall be fully protected in relying upon such certificate. The Trustee may accept a certificate signed by an authorized representative of the Employer as proof of any fact or matter that the Trustee deems necessary or desirable to have established in the administration of the Trust Fund (unless other evidence of such fact or matter is expressly prescribed herein), and the Trustee shall be fully protected in relying upon the statements in the certificate. 10.03 The Trustee shall be entitled conclusively to rely upon any written notice, instruction, direction, certificate or other communication believed by it to be genuine and to be signed by the proper person or persons, and the Trustee shall be under no duty to make investigation or inquiry as to the truth, accuracy, or completeness of any statement contained therein. ARTICLE XI - AMENDMENT OF AGREEMENT 11.01 The Employer is vested with the right at any time and from time to time by action of its Board of Commissioners to amend in whole or in part any or all of the provisions of this Agreement, with the exception of Section 2.04 of Article II hereof, by an instrument in writing duly acknowledged and delivered to the Plan Administrator and the Trustee, provided that no such amendment which affects the rights, duties, responsibilities or immunities of the Trustee may be made without its consent. ARTICLE XII - TERMINATION OF PLAN OR TRUST 12.01 This Agreement and the related Trust may be terminated at any time by the Employer, subject to the terms of any relevant collective bargaining agreement. Upon such termination, or upon the dissolution or liquidation of the Employer, the Trust Fund shall be paid to Plan participants by the Trustee as and when directed by the Plan Administrator, in accordance with the provisions of Article II hereof. ARTICLE XIII - APPLICATION OF STATE LAW 13.01 Subject to the provisions of the Internal Revenue Code, as the same may be amended from time to time, this Agreement, as amended from time to time, shall be administered, construed and enforced according to the laws of the State of Michigan and in courts situated in that State. 8 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first above written. LANSING BOARD OF WATER AND LIGHT Dated: By: Its: Chairman, Board of Commissioners Dated: By: Its: Corporate Secretary S:\261\SIJ-D\B WLDCTR.826.8/30/97 9 Regaruing Resolution No. 97-9-7 LANSING BOARD OF WATER AND LIGHT EMPLOYEES' DEFINED CONTRIBUTION PENSION PLAN FUNDING POLICY STATEMENT LANSING BOARD OF WATER AND LIGHT EMPLOYEES' DEFINED CONTRIBUTION PENSION PLAN FUNDING POLICY STATEMENT I. Introduction The Lansing Board of Water and Light (the "Employer") has adopted the Lansing Board of Water and Light Employees' Defined Contribution Pension Plan (the "Plan") for the purpose of rewarding long and loyal service to the Employer by providing to employees additional financial security at retirement. Incidental benefits are provided in the case of disability, death or other termination of employment. Since the principal purpose of the Plan is to provide benefits at normal retirement age, the principal goal of the investment of the funds should be both security and long-term stability with moderate growth commensurate with the anticipated retirement dates of participants. Investments, other than "fixed dollar" investments, should be included among the Plan's investment options to prevent erosion of value by inflation. However, investments should be sufficiently liquid to enable the Plan, on short notice, to make some distributions in the event of the termination, death or disability of a participant. The Plan allows each participant to direct the investment of the funds in his or her Plan accounts. The Employer will select various investment options (consistent with this Funding Policy Statement) among which participants may choose to invest their respective interests in the Plan. The Employer will periodically (and not less often than annually) review the performance of investment options available to participants to ensure that each such option is meeting its investment objectives. Where appropriate, the Employer will change the available investment options to ensure that those options are consistent with this document. The Plan trustees are not responsible for selecting investment options or for reviewing the performance of investment options. If there is a discrepancy between the Plan and the related Trust Agreement, and this Funding Policy Statement, the Plan and Trust Agreement shall supersede this Funding Policy Statement in all cases. The trustees are directed by the Employer with regard to the investment of the trust fund assets. The duties of the trustees are described in the Trust Agreement. II. Purpose of this Statement of Funding Policy The purpose of this Statement of Funding Policy is to: A. provide the Plan's participants and beneficiaries the opportunity to exercise control over the assets in their respective individual accounts: 2 B. express the Employer's position with respect to the funds risk-volatility posture. C. formulate an appropriate set of goals and objectives for the fund's assets. D. identify a set of guidelines which can be used by the Employer for the purpose of formulating corresponding investment decisions over a particular time horizon; E. assure the investment options available to participants are consistent with relevant Michigan and federal law: and F. be sufficiently specific to be meaningful and sufficiently flexible to be practical. III. Specific Investment Goals A. The Employer will seek to provide participants with investment options that are diversified and that have materially different risk and return characteristics. The investments in the aggregate should enable the participant, by choosing among them, to achieve a portfolio with aggregate risk and return characteristics at any point within the range normally appropriate for the participant. Similarly, each of the investments when combined with the other investments should tend to minimize through diversification the overall risk of a participant's portfolio. B. The Employer will seek to provide participants with investment options that will represent equity, income, and cash equivalent asset categories, as well as other appropriate asset categories. Investment options will be of a diverse nature to provide the participant with the reasonable opportunity to diversify the accounts under his or her control so as to minimize the risk of large losses, taking into account the nature of the Plan and the size of the participant's account. C. The Employer will seek to ensure that the risk and return characteristics of the various investment alternatives will differ in ways that ensure that each of the investment categories, when combined with investments in any of the other categories, will tend to minimize the risk at any given level of expected return. This approach will provide the participant with a reasonable opportunity to materially affect his or her potential return and degree of risk. D. The Employer will provide information to participants concerning the investment alternatives which is sufficient to permit informed investment decisions. 3 E. The Employer will provide participants the ability to alter asset allocation mixes within their subaccounts on a daily basis (subject to market access, business conditions and Acts of God) to meet their investment objectives. IV. Other Considerations A. The Employer has developed more specific written selection and performance measuring criteria for use in the implementation of this document. Those criteria are contained in Section I of Schedule A which is attached hereto and incorporated herein by reference. The Employer shall review this Policy (including Section I of Schedule A) not less often than annually. This Policy and any changes which the Employer makes to this Policy (including Section I of Schedule A) shall be communicated in writing to the Plan trustees. B. The Employer has selected specific investment options among which each eligible Plan participant may select in accordance with the terms of the Plan. Each of those investment options is listed in Section II of attached Schedule A. Not less often than quarter-annually, the Employer's representative will review each of those investment options for the purpose of determining whether they are consistent with this Policy, including Section I of Schedule A. If, in the judgement of said representative, one or more of those investment options is not so consistent, then the representative will replace such investment options with other options that are consistent with this Policy, including Schedule A. The Employer's representative having full responsibility for such periodic review of Schedule A, Section II shall be the Treasurer/Controller and Chief Financial Officer of the Employer. LANSING BOARD OF WATER AND LIGHT Date: By: Its: General Manager Date: By: Its: Corporate Secretary S:\261\S U-D\B W LFND PL.911 4 SCHEDULE A I. SELECTION & PERFORMANCE MEASURING CRITERIA A. The Employer has selected Prudential Retirement Services to assist the Lansing Board of Water and Light (the "Board") to administer the Lansing Board of Water and Light Employees' Defined Contribution Pension Plan (the "Plan"). The Prudential Administration System is the "PRUARRAY" system. It requires that at least 50% of all specific investment funds offered to Plan participants be funds managed by Prudential Insurance Company of America ("Prudential") and its affiliates. This mutual fund diversification strategy ensures maximum investment flexibility. The following "Non-Prudential" or "Outside" mutual fund families are part of the "PRUARRAY" program: AIM, ALLIANCE, FIDELITY ADVISOR, FRANKLIN, KEMPER, MFS, MUTUAL, OPPENHEIMER, PIMCO, PUTNAM, TEMPLETON, AND ZWEIG. To satisfy the asset allocation guidelines on behalf of the Plan participants, the Board will screen and select eligible mutual funds within each "asset class" to include the following: CASH EQUIVALENT OR STABLE VALUE 1. Money Market 2. Stable Value Fund INCOME 1. U.S. Government Bond Fund 2. Corporate Bond Fund 3. Global Bond Fund EQUITY 1. Balanced Fund 2. Growth & Income Fund 3. Growth Fund a. Large cap b. Mid cap c. Small cap 4. International Fund 5. Specialty Fund Comparative analysis between "like" funds and indices will be made to determine selections and to monitor fund results. Morningstar reports will be the primary resource utilized to screen, select, and evaluate funds. B. CASH EQUIVALENT AND STABLE VALUE ASSET CLASS The Board has determined that the investment alternative serving as the Plan's Cash Equivalent Fund shall be a pooled investment vehicle, such as a money market fund, where the fund's share price is intended to remain constant and the fund's yield is comparable with risk-free rates of return. The Board has deemed the money market fund available under the PruArray program as an appropriate Cash Equivalent vehicle. The Board has also sought a stable, competitive interest rate account. The Stable Value Fund under the PruArray program is a bank collective trust fund managed by the Norwest Stable Return Fund. The Board has deemed this Stable Value Fund as an appropriate stable value vehicle. C. INCOME ASSET CLASS (BONDS) The Board has determined that the investment alternatives shall be pooled investment vehicles such as publicly traded mutual funds providing net asset valuations published on a daily basis. The Board has established the following criteria for the selection and retention of these mutual funds: 1. EXPERIENCE The management company of any mutual fund company one or more of whose funds are offered pursuant to Section II of this Schedule A must meet the following criteria: (1) it must have been is existence for at least five (5) years; and (2) it must possess total capital of not less than 500 million dollars. 2. PERFORMANCE The Board or its agent must review the performance of the mutual funds which are made available to Plan participants to determine whether the funds remain competitive. Comparisons between appropriate indices and/or similar fund categories will be made, taking into account the risk ratings of the various mutual funds. Measuring time weighted returns are not enough. Risk factors must also be reviewed. Higher risk levels in addition to declining performance will be two of the key elements considered to determine whether or not a replacement is needed. 2 3. RISK The fund(s) will be reviewed based on the following risk factors: (a) Category Risk: Evaluates the fund's downside volatility relative to that of other funds in its Morningstar Category. (b) Overall Ratings: Star ratings represent how well a fund balanced risk and return in the past within a "broad" investment objective (i.e., bonds). (c) Category Ratings: Brings both performance and risk together within its designated Morningstar Category. (d) Standard Deviation: A statistical measure of the range of a fund's performance. When a fund has a high standard deviation, its range of performance has been very wide. indicating that there is a greater potential for volatility. The Board or its agent will select and evaluate each fund based on these risk factors. In the event that greater risk and increased volatility emerge, the Board or its agent will determine whether or not each fund continues to be a prudent and appropriate investment. 4. PORTFOLIO COMPOSITION AND INVESTMENT STYLE The mutual fund investment and management styles will be reviewed annually to determine whether or not participant diversification choices have been limited. D. EQUITY ASSET CLASS (STOCKS) 1. EXPERIENCE Any mutual fund company one or more of whose funds are offered pursuant to Section II of this Schedule A must meet the following criteria: (1) it must have been is existence for at least five (5) years; and (2) it must possess total capital of not less than 500 million dollars. 2. PERFORMANCE The Board or its agent must review the performance of the mutual funds which it makes available to Plan participants to determine whether the funds remain competitive. Comparisons between appropriate indices and/or similar fund categories will be made taking into account the risk ratings of the various mutual funds. Measuring time 3 weighted returns are not enough. Risk factors must also be reviewed. Higher risk level in addition to declining performance will be two of the key elements considered in deciding whether or not a replacement is needed. 3. RISK The fund(s) will be reviewed based on the following risk factors: (a) Category Risk: Evaluates the fund's downside volatility relative to that of other funds in its Morningstar Category. (b) Overall Ratings: Star ratings represent how well a fund balanced risk and return in the past within a "broad" investment objective (i.e., growth). (c) Category Ratings: Brings both performance and risk together within its designated Morningstar Category. (d) Standard Deviation: A statistical measure of the range of a fund's performance. When a fund has a high standard deviation, its range of performance has been very wide, indicating that there is a greater potential of volatility. The Board or its agent will select and monitor each fund based on these risk factors. In the event greater risk and increased volatility emerge, the Board will determine whether or not each fund continues to be a prudent and appropriate investment. 4. PORTFOLIO COMPOSITION AND INVESTMENT STYLES The mutual fund investment and management styles will be reviewed annually to determine whether or not participant diversification choices have been limited. For example, if a mutual fund alters its portfolio structure significantly, it could affect its Morningstar Category (i.e., small cap/value style becomes mid cap/growth style). E. COMPLIANCE WITH MICHIGAN LAW The Plan must offer investment options which comply with the Public Employee Retirement System Investment Act (Michigan Complied Laws Section 38.1132 et seq.), as amended from time to time, a copy of which is attached hereto and incorporated herein by reference. ****************************************************************************** 4 H. SPECIFIC INVESTMENT OPTIONS The attached list labeled EXHIBIT ONE shows all of the eligible funds within the PruArray program. The funds chosen for the Plan are illustrated with a check mark (X) on EXHIBIT ONE. Also reflected in EXHIBIT ONE are the listings of each selected fund within its own asset class based on the specific criteria discussed above. LANSING BOARD OF WATER AND LIGHT Date: By: Its: General Manager Date: By: Its: Corporate Secretary S:\261\SU-D\CRITERIA.B WL 5 Page 67 MINUTES OF BOARD OF COMMISSIONERS'MEETING LANSING BOARD OF WATER AND LIGHT r" 2: u(� CITY Y C ERh Tuesday,August 26,1997 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by the Chair,David O'Leary. Present: Commissioners Christian, Graves,Pratt,Royal, Strolle and Werbelow, Chairman O'Leary The Assistant Secretary declared a quorum present. The invocation was delivered by the Chair. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES MOTION: On motion of Commissioner Christian and seconded by Commissioner Strolle,that the minutes of regular meeting of July 29, 1997,be adopted as filed. Carried unanimously. PUBLIC COMMENTS CHAIR O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING. No persons spoke. COMMUNICATIONS AND PETITIONS GENERAL MANAGER'S RECOMMENDATIONS CORPORATE PLANNING Res.No. 97-8-1 It is recommended that: The following described property known as the Stanley Street Metering Station be declared surplus and not required for Board of Water and Light Operations: Board Minutes Page 68 August 26, 1997 Beginning at a point on the east line of the Lansing Manufacturer's Railroad right of way, 1175 feet north of the center line of Saginaw Street,thence east 50 feet,thence north and northeasterly parallel to the east railroad right of way line(approximately 150 feet)to the north line of the southwest 1/4 of the southwest 1/4 of Section 8,T 4 N,R 2 W, thence 50 feet west to the Lansing Manufacturer's right of way, thence southwesterly and south to the point of beginning. Further that the jurisdiction of this property be returned to the City of Lansing Parks and Recreation Department subject to the Board of Water and Light retaining jurisdiction for access to inspect, maintain, replace, install, etc., the control, signal and power cables located within this described property including access to the Metering Station building and the cables and equipment located in the basement of this building. The City of Lansing Parks and Recreation Department and/or their agents shall be responsible for maintenance of the property. Further that the easement granting the Board of Water and Light the right to run cables and for ingress and egress to and from the above described property from Stanley Street be retained. Further if the City of Lansing leases the described property to a third party including use of the existing building and access road,the third party shall assume responsibility for maintenance of the building, access roadway and any fencing or gates and shall not limit the Board of Water and Light use or access to its facilities located within described property,the building and the existing easement. Further that the General Manager and Corporate Secretary be authorized to enter into agreements to transfer jurisdiction of this property to the City of Lansing Parks and Recreation Department subject to the requirements of State Law,the Lansing City Charter and Codified Ordinances. By action of the Lansing City Council on July 30, 1951,the jurisdiction of this property was transferred from the Board of Cemetery and Park Commissioners(now the Parks and Recreation Department)to the Board of Water and Light for an electric Metering station. An easement was also granted for the right to run cables and for ingress and egress to the property from Stanley Street. The metering station is no longer in service and the only required access to the building is for inspection and maintenance of the control, signal,power cables and sump pump located in the basement. The City of Lansing is interested in use of the property for park purposes or for a proposed cellular tower site. MOTION: On motion of Commissioner Strolle seconded by Commissioner Royal,Resolution 97-8-1 was adopted by the following vote: YEAS: Christian, Graves, O'Leary,Pratt,Royal, Strolle and Werbelow NAYS: None ABSENT: None LEGAL Res.No. 97-8-2 Purchase the following insurance coverage: From Lyman and Sheets Insurance Agency, representing the TIG Insurance Company, Commercial General Liability Insurance at an annual premium of$109,166 for the one year period from September 30, 1997 to September 30, 1998. Page 69 Board Minutes August 26, 1997 The expiring coverage is with the Lyman and Sheets Insurance Agency representing the Gulf Insurance Company at the same rate. Gulf Insurance Company is one of the Travelers Property and Casualty Group companies that has decided to restructure their business after the merger. As a result,it will not offer the Board of Water and Light renewal terms and conditions. The program underwriting agency has persuaded a company of the reinsurer's group to offer the policy. The limits will remain at$1 million with a$10,000 deductible. Bidding is scheduled for 1998 for the next 3 year period. Res.No. 97-8-3 Purchase the following insurance coverage: From Lyman and Sheets Insurance Agency, representing the TIG Insurance Company, excess Liability Insurance at an annual premium of$77,000 for the one year period from September 30, 1997 to September 30, 1998. The expiring coverage is with the Lyman and Sheets Insurance Agency representing the American Empire Surplus Lines Insurance Company at the same premium. This policy will save the surplus lines premium tax. Gulf Insurance Company had declined renewal of the coverage in 1996. Gulf Insurance Company is one of the Travelers Property and Casualty Group companies that has decided to restructure their business after the merger. As a result, it will not offer the Board of Water and Light terms and conditions for this year either. The program underwriting agency has persuaded a company of the reinsurer's group to offer the policy. Lyman and Sheets Insurance Agency, representing the Gulf Insurance Company,was awarded the Umbrella Liability Insurance at an annual premium of$75,000 for the one year period from September 30, 1995 to September 30, 1996. The limit for the new umbrella liability coverage will remain the same at$5 million. Bidding is scheduled for 1998 for the next 3 year period. Res. No.97-8-4 Purchase the following insurance coverage: From Voss Insurance Services,Inc., representing the Travelers Indemnity Company of Illinois, Specific Excess Workers Compensation Insurance for deposit premium of$33,663 for the one year period from September 1, 1997 to September 1, 1998. The rate is 0.085%per$100 employee compensation. The coverage was originally awarded to Voss Insurance Services, Inc.,representing the Aetna Casualty and Surety Company,for deposit premium of$39,577 for the one year period from September 1, 1995 to September 1, 1996. The rate was 0.10%per$100 employee compensation for both that period and the subsequent period ending September 1, 1997. Aetna Casualty and Surety Company was part of a merger with Travelers Property Casualty Group and will no longer be writing this type of coverage. The affiliate company,The Travelers Indemnity Company of Illinois,will be writing the policy with no reductions in coverage. Board Minutes Page 70 August 26, 1997 The next scheduled bidding will be for the 3 year period commencing September, 1998. Risk Manager Gerald Blanchard reported that the BAIL had to change its liability insurers because Gulf Insurance Company will no longer write utilities for this coverage. Fortunately, one of the companies(TIG),that was the re- insurer of this coverage,was willing to directly write the liability insurance. Gulf was and is a part of a larger insurance group(Travelers)that merged with another(Aetna)and the new combined group has restructured the way it does business. An additional part of the restructuring effect is that the specific excess workers compensation insurance must now also be written with a different company,but in this case it is another company in the same combined group. MOTION: On motion of Commissioner Strolle seconded by Commissioner Werbelow,Resolutions 97-8-2, 97-8-3, and 97-8-4 were adopted by the following vote: YEAS: Christian, Graves, O'Leary,Pratt,Royal, Strolle and Werbelow NAYS: None ABSENT: None UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. GENERAL MANAGER'S REMARKS General Manager Joe Pandy reported on the following topics: Treasurer/Controller Dana Tousley briefed the Commissioners on cost reduction analysis memo, and the use of outside services. He also presented basic financial statistics and trend lines over the past twenty-five years. In the past eight years,BWL Operation and Maintenance expenses(excluding fuel and purchased power)have had no (zero%)increase. General Manager Pandy complimented Corporate Secretary Mary Sova on saving the Board of Water and Light $2,700 in storm water fees. Discrepancies were found in the square footage on several bills. General Manager Pandy thanked Board of Water and Light crews for the work they performed in helping Oldsmobile set up for the"Oldsmobile Centennial"held August 20-23, 1997. General Manager Pandy briefed the Commissioners on the status of the steam line to General Motors. An outside consultant is conducting an analysis on the joints and anchors to determine where the problem exists. Repair of the problem could be a lengthy process if the anchors are the problem, according to Technical Services Director John Elashkar. General Manager Pandy will report to the Commissioners on a regular basis to keep them informed of the status of this project. Page 71 Board Minutes August 26, 1997 Discussion was held on the proposed scope of a study of the Board of Water and Light to be done by an outside consultant the City of Lansing is considering hiring. A Committee of the Whole Meeting will be held on Tuesday, September 16. The topic will be deregulation. The Policy Manual will not be on the agenda for this meeting. Corporate Secretary Mary Sova will make changes to the Policy Manual and an updated version will be presented to the Commissioners for their approval at a later date. Policies that are the responsibility of the Commissioners will be presented to them for their discussion and review. The next Board Meeting will be held on September 30, 1997, Staff Attorney Wilhite responded to a question regarding lawsuit filed by former Board of Water and Light employee David Lawrence;the BWL prevailed in this case. As of this date,Mayor Hollister has not named new commissioners to replace Commissioners O'Leary and Strolle whose terms expired June 30, 1997. REMARKS BY COMMISSIONERS Commissioner Peter Pratt commented on the Share the Success statistics for this year. General Manager Pandy stated that this was a rough year weather wise for the Board of Water and Light system. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES None. ADJOURNMENT Chairman O'Leary adjourned the meeting at 6:42 P.M. Rosemary Sullivan, Assistant Secretary Filed. August 28, 1997 Marilynn Slade, City Clerk BOARD OF WATER AND LI p �; 53, CLERK RESCHEDULED REGULAR MEETING The regular meeting of the Board of Water and Light Commissioners of the City of Lansing, Michigan, previously scheduled for July 22, 1997, is rescheduled as noted: New Meeting Date: Tuesday, July 29, 1997 5:30 p.m. Location: Second Floor Board Room Board of Water and Light Office Building 123 West Ottawa Street Lansing, Michigan 48933 Certified by: Mary ova Corporate Secretary cc: BWL: Commissioners,Executive Staff,Bldg.Maintenance,Security(Stancliff,Cochran) City: City Cleric,City Council Office,Mayor's Office Post: 7-15-97 Page 57 MINUTES OF BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT !4u/rG�,IJ,y l�CL�'1;ri Tuesday,July 29,1997 The Board of Commissioners met in rescheduled regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by the Chair, David O'Leary. Present: Commissioners Christian, Graves,O'Leary,Royal, Strolle and Werbelow. Absent: Commissioner Pratt The Secretary declared a quoram p{esent. The invocation was delivered by the Chair. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES MOTION: On motion of Commissioner Christian and seconded by Commissioner Strolle, that the minutes of regular meeting of June 24, 1997,be adopted as filed. Carried unanimously. ANNOUNCEMENT BY THE CHAIR REGARDING ANNUAL ORGANIZATION The July meeting is generally the time for the annual organizational meeting for the election of officers. Nominations for officers are being postponed until such time the Chair determines the complement of the Board is such that nominations are appropriate. PUBLIC COMMENTS CHAIR O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING. No persons spoke. COMMUNICATIONS AND PETITIONS Letter from Thomas J. Coates,President,Thomas J. Coates and Associates,Inc., dated June 23, 1997, stating his continued interest in the Ottawa Power Street Station Redevelopment project. Received and placed on file. Board Minutes Page 58 July 29, 1997 Letter from J. Chris Holman,Partner, Ottawa Park Associates Developers(OPAD), dated June 26, 1997, thanking the Board and staff for their cooperation and assistance with the Ottawa Street Power Station project, and withdrawing their name as the developer of record for the project. Received and placed on file. COMMITTEE OF THE WHOLE REPORT (Resolution 97-7-1) The Committee of the Whole met on July 15, 1997. Agenda topics were: 1. To discuss Ottawa Power Station redevelopment issues, and 2. To receive reports on the Board of Water and Light(BWL)organization process redesign. Present were Commissioners Christian, Graves, O'Leary, Pratt,Royal, Strolle,and Werbelow. Ottawa Power Station Redevelopment. With General Motors' (GM)recent decision to not relocate its two Lansing area employee training centers to the Ottawa Station, the Board is now reviewing its options for the redevelopment of the Ottawa Power Station. The Commissioners agreed to form a special committee comprised of three Commissioners appointed by the Board Chair and three management staff members appointed by the General Manager to evaluate alternatives for the commercial redevelopment project. General Manager Pandy excused himself from discussions on the project because of his business dealings with developers interested in the project. The charge of the special committee is to meet with the development team of Thomas J. Coates and Associates to review the firm's proposal submitted September 1995, and to outline the obstacles identified by the Board in their initial selection process. Mr. Coates has expressed the firm's continued interest in the redevelopment project in the event negotiations between the Ottawa Park Associates Developers(OPAD)and GM were not successful. The special committee is also being asked to evaluate whether or not to open negotiations with the Coates team or to reopen the project to other developers. The committee's recommendation is to be presented to the Board for consideration. Process Redesign Reports. Last fall BWL employees developed the organization's new Vision Statement which focuses on employee and customer partnerships to secure customer loyalty and meet the challenge of competition. This effort culminated into the formation of four process redesign teams who have been involved over the last several months in putting the vision statement into action. Leaders from each of the teams provided an executive overview of the following four processes: • Sell/Bill-The team emphasized providing desired products and services through a single point of contact wherever the customer exists. • Produce/Procure-The team focused on two core processes for producing the BWL's three current utility processes of water, electricity and steam. They include production of steam/electric and water. • Deliver-The team identified opportunities to achieve greater efficiencies in the delivery processes of each of the three BWL utility services for maximum benefit to end-use customers. Page 59 Board Minutes July 29, 1997 • Support -The team identified seven basic support services to be provided to the organization and to process owners. They include: Financial, Information,Engineering,Human Resources, Materials/Services, and Environmental/Health/Safety. General Manger Pandy presented a preliminary organization chart showing how the BWL may organize around its major processes. The chart identifies four major process areas, a new ventures team and a craft center(craft center process owners to be IBEW union representatives)that would supply trades-related services to the processes. In addition, the General Manger would have a chief financial officer reporting directly to him, as well as legal, audit and communications officers. The General Manager would also be served by an advisory council that would provide him with feedback on how the processes are serving BWL customers. A Human Resources team will be submitting a list of job qualifications to begin filling the process owner positions at the top of the organization. A tentative schedule calls for phasing in process teams incrementally starting August 1. Respectfully submitted, John Strolle, Chair Pro Tem Committee of the Whole MOTION: Commissioner Christian moved,seconded by Commissioner Strolle,to approve the Committee of the Whole Report as presented. Discussion- Special Committee Appointments Chair O'Leary announced that he would like to add an additional Commissioner to the special Ottawa Station development committee, taking it from three to four members of the Board. The question as to whether or not four Commissioners serving on the special committee constitutes a quorum of the board under the Open Meetings Act was taken under advisement by Staff Attorney Wilhite. The eight-member Board currently has an open seat, created by the recent death of Commissioner William Lontz. SPECIAL COMMITTEE APPOINTmENTs Commissioners Staff 1. Ernest Christian, Chair 5. Treasurer/Controller Dana Tousley 2. Joseph Graves,Jr. 6. Technical Services Director John Elashkar 3. Judson Werbelow 7. Staff Attorney Larry Wilhite 4. Peter Pratt Discussion-Process Redesign: The Commissioners discussed management's process redesign efforts. There was agreement that improving services to customer must continue to be the BWL's top priority. The Board indicated they would support committing more resources to technology to enable the Board of Water and Light to serve its customers better. The Commissioners requested additional information on the process redesign with practical examples on how the reorganization strategy will be implemented. The Committee of the Whole Report was approved by the following vote: YEAS: Christian, Graves, Strolle,O'Leary,Royal, Werbelow NAYS: None ABSENT: Pratt Board Minutes Page 60 July 29, 1997 GENERAL MANAGER'S RECOMMENDATIONS TREASURER/CONTROLLER Res. No. 97-7-2 Authorize the sale of obsolete Board-owned vehicles and equipment through competitive bids. The items are BWL Unit Numbers 1, 8, 21, 62, 64, 71,78, 124, 125,152,165, 169, 196, 225,512, 526, 542, 569, 578, 580, 610, 612, 638,711,723,724, 725, 736, 806, 807, 852, 863,and 873. An itemized list is on file with the Corporate Secretary. MOTION: On motion of Commissioner Christian, seconded by Commissioner Werbelow, Resolution 97-7-2 was adopted by the following vote: YEAS: Christian, Graves, Strolle,O'Leary,Royal,Werbelow NAYS: None ABSENT: Pratt Res.No. 97-7-3 Authorize the purchase of the estimated 12 month requirements of the following commodities for use in Dye and Wise Road Water Conditioning Plants,Moores Park Steam Plant, and Eckert and Erickson Electric Generating Plants. Pricing is firm through July 31, 1998. Commodity quantities are released as required over the 12 month period. All commodities were competitively bid in accordance with the BWL Purchasing Policy and Procedures. Below is a summary of the lowest and best evaluated bids. Annual Quantity Annual Cost Commodity (Est.) Unit Cost (Est.) Vendor Hydrofluosilicic Acid 200 tons $134.00/ton $ 26,800.00 L C I Limited Pebble Quicklime 15,000 tons 61.25/ton 918,750.00 Marblehead Lime Co. Soda Ash 1,800 tons 140.00/ton 252,000.00 O C I Corp. Granulated Salt 400 tons 71.25/ton 28,500.00 Morton Salt Division Sulfuric Acid 630 tons 64.00/ton 40,320.00 Marsulex,Inc. Caustic Soda 175 tons 315.18/ton 55,156.50 K.A. Steel Chemicals, Inc. Sodium Hypochlorite 125,000 gal. .4620/gal. 57,750.00 K.A. Steel Chemicals, Inc. Blended Phosphate 15,000 gal. 7.65/gal. 114,750.00 Elhorn Engineering Co. Total: $1,494,026.50 Page 61 Board Minutes July 29, 1997 MOTION: On motion of Commissioner Christian, seconded by Commissioner Werbelow, Resolution 97-7-3 was adopted by the following vote: YEAS: Christian, Graves, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: Pratt Res. No. 97-74 Water and Electric Rate Changes Whereas, proposed rate changes were filed with the City Clerk on May 28, 1997, and, Whereas,the rate changes eliminate ratchet provisions in the affected electric rates and remove the requirement for payment before construction begins in the water rate,and, Whereas, a Public Hearing on the proposed rate changes was subsequently held on July 15, 1997. THEREFORE,BE IT RESOLVED, That the following electric and water rate schedules(attached)be adopted and applied to all electricity or water used or services rendered on or after September 1, 1997. Rate 3 Water System Connection Fees Rate 4 Large General Electric Service Rate 5 Primary Electric Service Rate 8 Large Capacity Electric Service Rate 10 Process Heating Electric Service BE IT FURTHER RESOLVED,That the following electric and water rate schedules now in effect be rescinded for billing purposes,for any electricity or water used or services rendered on or after September 1, 1997. Effective Rate 3 Water System Connection Fees 01-01-94 Rate 4 Large General Electric Service 01-01-97 Rate 5 Primary Electric Service 01-01-97 Rate 8 Large Capacity Electric Service 01-01-97 Rate 10 Process Heating Electric Service 01-01-97 MOTION: On motion of Commissioner Strolle, seconded by Commissioner Graves,Resolution 97-74 was adopted by the following vote: YEAS: Christian, Graves, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: Pratt Board Minutes Page 62 July 29, 1997 WATER Res. No. 97-7-6 That the Board agree to serve water to proposed Water District No. 131,Delhi Township,as requested by resolution of the Delhi Charter Township on December 3, 1996,and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972,covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 131 established by Township and will provide a potable water supply to said district. 2. The Township will be required to make a$39,142.50 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement CXXXI)covering the furnishing of a potable water supply in Water District No. 131. 4. Watermains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$39,142.50 from the Township,the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement C)CXXI)to furnish a potable water supply in Water District No. 131. The geographical area of Water District No. 131 is as follows: College Heights Estates Phase 6,Lots 110 through 133. To provide a potable water supply within the proposed new district requires the installation of 1,535 feet of watermain and fire hydrants at an estimated cost of$39,142.50. The main extension will serve twenty- four(24) residential customers. A one-time connection fee will amount to$22,632.00. The estimated annual revenue is$8,160.00. Watermains to be installed in Summer/Fall of 1997 following the receipt of the Township's non- refundable contribution-in-aid of construction and the signing of the agreement. MOTION: On motion of Commissioner Christian, seconded by Commissioner Graves,Resolution 97-7-6 was adopted by the following vote: YEAS: Christian, Graves, Strolle,O'Leary,Royal,Werbelow NAYS: None ABSENT: Pratt Page 63 Board Minutes July 29, 1997 Res. No. 97-7-7 That the Board delegates to the General Manager authority to extend water service within the geographic boundaries of governmental units or with agencies for which the Board has authorized a retail or wholesale Water Service Agreement. That the General Manager and Corporate Secretary, or their respective designated representatives, are authorized to take all necessary actions to enter into and administer Supplemental Agreements and Amendments for the purpose of extending water service within such governmental units. That the Board authorizes the use of a simple payback methodology as follows: The simple payback for a water system extension shall be computed as the length of time required for all projected revenues from the service extension to be numerically equal to the expenditures for that extension. Projected revenues shall include but not be limited to Contribution-in-Aid of Construction, Connection Fees(Rate 3),mvenues from the sale of water (Rates 1 and 2),Fire Hydrants and Services(Rate 4), and any other fee or charge assessed by the BWL against the governmental unit or customers served by the extension. Revenue projections shall take into account the anticipated density and type of customers,and the rate at which development is reasonably expected to occur. That in any case where the simple payback methodology exceeds 10 years, staff is directed to file,within 90 days of agreeing to extend service,a written report with the Board providing sufficient detail to justify the decision to extend. That the Board specifically reserves the right to authorize retail or wholesale Water Service Agreements in governmental units or with agencies for which no retail or wholesale Water Service Agreement exists. This resolution will provide a faster turn-around of requests for water service within the geographic boundaries of governmental units or agencies for which the Board has authorized a water service agreement. Historically, water system extensions within the City of Lansing and the former Landel Metropolitan District have been authorized through the capital budget,while those in other areas have been presented for specific authorization by the Board. Through this resolution the Board will establish a consistent policy for approval of water system extensions within areas the Board has authorized its water utility to serve. The Board will retain control of the overall level of expenditure through the Capital Budget process. Water Service Agreements are in effect for the following governmental units at the time this resolution is presented: Retail: Delhi Township,DeWitt Township, Watertown Township, Windsor Township and the former Landel Metropolitan District (Lansing Township's east side). Wholesale: Delta Township,and Lansing Township(West Side Water). MOTION: On motion of Commissioner Strolle, seconded by Commissioner Christian,Resolution 97-7-7, was adopted by the following vote: YEAS: Christian, Graves, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: Pratt Board Minutes Page 64 July 29, 1997 UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. RESOLUTION APPOINTMENT OF CHARTER STAFF POSITIONS (Resolution 97-7-8) BY THE BOARD OF COMMISSIONERS WHEREAS,the rules of procedure of the Board of Commissioners specify that the Board shall appoint each of the three staff positions reporting to the Board at its first regular meeting in July of each year,be it RESOLVED, the Board of Commissioners hereby reappoints the following staff positions for the ensuing fiscal year, or,until a successor is appointed,whichever last occurs: Director and General Manager -Joseph Pandy, Jr. Internal Auditor -Kellie Willson Corporate Secretary -Mary Sova MOTION: On motion of Commissioner Strolle, seconded by Commissioner Christian,Resolution 97-7-8 was adopted by the following vote: YEAS: Christian, Graves, Strolle,O'Leary,Royal, Werbelow NAYS: None ABSENT: Pratt GENERAL MANAGER'S REMARKS General Manager Joe Pandy reported on the following topics: Steel Blanking and Distribution Operation in Delhi Township selects CMS Energy for Electric Supply. General Manager Pandy reported that negotiations to secure the electric supply load of the Regional Steel Distribution Center(RSDC) in Delhi Township were unsuccessful. CMS Energy offered RSDC a new economic development rate, subject to Public Service Commission approval,that undercut the Board of Water and Light's (BWL)energy rate. Mr. Pandy noted that it is his sense that CMS took an aggressive marketing posture to keep Page 65 Board Minutes July 29, 1997 the BWL out of that area because of the growth potential in that section of Delhi Township. Discussion followed regarding competition and deregulation issues with respect to municipal utilities. Consumers Enerzy and Stranded Costs. General Manager Pandy handed out an article which appeared in the July 21, 1997, edition of Electric Utility Weekly. The essence of the article is that Consumers Energy is willing to auction off the rights to portions of its Michigan-based,non-utility generating capacity each year from 1998 until 2007 in an effort to link stranded-cost recovery to the market price of power. Standard &Poor's Revised Business Profile Scale for Public Power. General Manager Pandy presented an overview of Standard&Poor's recently published revised business profiles for public power and rural electric cooperative sectors and the investor owned electric utilities which appeared in the July 14, 1997, edition of Credit Week Municipal. They revised the scoring system of their business profiles to a 10 point scale from the five point scale first applied in 1995. This enhancement was promoted,in part,by the changes sweeping the electric industry and the emergence of disaggregated utility systems. Mr. Pandy noted that the credit rating of the Board of Water and Light was at AA, with a"stable" outlook, and a favorable Business Profile ranking of," (most favorable score being"1" -"4")—assigned to systems whose exposure to market forces is limited. Utilities assigned scores of"5"- "8" are the most likely to face formidable challenges in the rapidly evolving marketplace. The assignment and review of business profiles include the following factors: management, operations,competitive position, markets, and regulation. Mr. Pandy noted that the investor owned utilities generally score"5"or higher which indicates they will face challenges in a competitive environment. Customer Attitude Survev. Communications Director John Strickler presented an executive summary of this summer's customer attitude survey conducted by Market Strategies,Inc. (MSI)of Southfield,Michigan. The findings indicate that the BWL's favorability was maintained at 83 percent. An overall favorability is described as the BWL's market position, depicting how customers feel about the BWL and the image the organization has in the community. Overall satisfaction showed minor shifts,with a two percent drop in electric and a five percent gain in water. Loyalty showed a four percent drop with 76%indicating they would remain with the BWL if another utility offered electricity at the same price. Significant improvements were noted in concern,believability and environmental protection. Ratings on these measures are also higher among customers who are aware of the Motor Wheel Disposal Site story. Mr. Strickler noted that this suggests that the BWL's public responses to the Motor Wheel disposal situation were appropriate. The survey numbers also showed a drop in perceived value of electricity for the price and the value of customer service for the price. The value results in this area appear inconsistent and are being treated as an irregularity at this time. Mr. Strickler reported that MSI is developing a more detailed model which examines the relationships between the perceived performance of the BWL on various specific activities and characteristics and specific outcomes of interest to the BWL. More information will be forthcoming once the detailed analysis of the modeling results are received. REMARKS BY COMMISSIONERS Commissioner Werbelow inquired on the status of the proposed BWL evaluation being initiated by the City Council Ways and Means Committee. General Manager Pandy responded that the Ways and Means Committee is considering a proposal from Energy& Resources Consulting Group, a successor to SVBK. As of this week BWL staff is not aware that a response has been received by the Ways and Means Committee from the Energy&Resources group. Staff will continue to monitor the disposition of this project and will keep the Board informed. Chairman O'Leary reported that he had a discussion with Gary Granger of Capitol Annex,L.L.C. relative to the purchase of the Board of Water and Light office building at 123 W. Ottawa Street. Mr. Granger has indicated that he feels very positive about the legislature's interest in the purchase of the office building. He feels that the September 10, 1997, deadline imposed by the Lansing City Council(Resolution 105)is still a reasonable time frame. Board Minutes Page 66 July 29, 1997 Chairman O'Leary also informed the Board that reporters from WILX-TV Channel 10 stopped by his office on July 30, 1997,for an update on the Ottawa Street Power Station project. They were given the latest report on the special committee appointed to study Ottawa Station's redevelopment options. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES Moved by Commissioner Werbelow, seconded by Commissioner Christian,that the absence of Commissioner Pratt be excused. Adopted unanimously. ADJOURNMENT Moved by Commissioner Graves, seconded by Commissioner Strolle at 6:50 p.m.,to adjourn the meeting. Adopted unanimously. Mary E. Secretary Filed: August 1, 1997 Marilynn Slade, City Clerk Board of Water and Light,Lansing,Michigan 2nd Revised Sheet No. WB5 WATER SYSTEM CONNECTION FEES RATE NO.3 System Connection Fees-The following schedule of fees shall apply to all new water service connections made to the mains. This fee shall not apply to active services which are being replaced. Service Size Connection to Main 1/1/94 1/1/95 1/1/96 3/4" $672.00 $715.00 $740.00 1" $806.00 $911.00 $943.00 1'/," or 1%" $1,075.00 $1,171.00 $1,212.00 2" $1,330.00 $1,663.00 $1,953.00 3" $1,890.00 $2,363.00 $2,954.00 4" $2,380.00 $2,975.00 $3,719.00 6" $3,430.00 $4,288.00 $5,360.00 8"and over $3,567.00 $4,637.00 $6,028.00 Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board's property, or its operation,or the production and/or sale of water,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delaved Payment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Rules and Regulations- Service under this rate is subject to the Board of Water and Light Rules and Regulations for Water Service which are incorporated herein by this reference. Adopted:July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan 3rd Revised Sheet No.EB7 LARGE GENERAL ELECTRIC SERVICE RATE NO.4 Availability-This rate is available to any customer desiring secondary voltage for any purpose when the electrical requirements are supplied at one point of delivery through one metering installation and the billing demand is 15 kW or more. The limitation to secondary-voltage service may be waived in instances where the character of the electric load at the premises served has changed substantially. This rate is not available for standby or emergency services. Nature of Service-The service is alternating current,60 hertz, single phase or three phase. The secondary voltage is determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges. Basic Service Charge $18.00 per customer per month Capacity Charge $8.20 per kW for all kW of Maximum Demand Energy Charge Summer Billing Months of June through October $0.0350 per kWh Winter Billing Months of November through May $0.0320 per kWh Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh. The Reactive Power Charge shall be applicable to customers who have reactive kilovar hour(kvarh)metering installed in accordance with BWL Rules and Regulations regarding power factor. Minimum Bill -The minimum bill is the basic service charge included in the monthly rate. Energy Cost Ad iustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the BWL property,or its operation,or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand-The billing demand shall be the kW supplied during the 15-minute period of maximum use during the month. Metering-Where the BWL elects to measure the service on the primary side of the transformer,the metered kW and kWh quantities thus measured will be reduced by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one metering installation, the consumption as registered by the different metering installations will not be combined for billing purposes,but will be computed and billed separately. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges,shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Adopted:July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan 2nd Revised Sheet No.EB8 LARGE GENERAL ELECTRIC SERVICE RATE NO. 4 Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted:July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan 4th Revised Sheet No.EB9 PRIMARY ELECTRIC SERVICE RATE NO.5 Availability-This rate is available to any customer desiring primary voltage service when the electrical requirements are supplied at one point of delivery through one metering installation(except as provided below for Multiple Delivery Point Aggregation)and the billing demand is 100 kW or more. This rate is not available for standby or emergency service. Nature of Service-The service is alternating current, 60 hertz,three phase. The primary voltage is determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges: Basic Service Charge $50.00 per customer per month Capacity Charge $6.90 per kW for all kW of On-Peak Billing Demand, plus $2.00 per kW for all kW of Maximum Demand Energy Charge Summer Billing Months of June through October $0.0315 per kWh for all kWh during the On-Peak Period, plus $0.0270 per kWh for all kWh during the Off-Peak Period,plus Winter Billing Months of November through May $0.0300 per kWh for all kWh during the On-Peak Period,plus $0.0270 per kWh for all kWh during the Off-Peak Period Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh The Reactive Power Charge shall be applicable to customers who have reactive kilovar hour(kvarh)metering installed in accordance with BWL Rules and Regulations regarding power factor. Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adiustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board's property, or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand On-Peak Billing Demand: The On-Peak Billing Demand shall be the kW supplied during the 15- minute period of maximum use during the On-Peak Period during the month. Maximum Demand: The Maximum Demand shall be the kW supplied during the 15-minute period of maximum use during the month whether on-peak or off-peak. Schedule of on-weak and off-peak periods-The On-Peak Period shall be from 10:00 a.m. until 6:00 p.m., Monday through Friday. All other hours shall comprise the Off-Peak Penod. Adopted: July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan 4th Revised Sheet No.EB 10 PRIMARY ELECTRIC SERVICE RATE NO.5 Multiple Delivery Point Aggregation -The 15-minute period demands of multiple delivery points of a customer may be summed for determination of the total On-Peak Billing Demand under the following conditions: (a)the Maximum Demand at each delivery point must equal or exceed 100 kW; (b)the total On- Peak Billing Demand shall not be less than 4,000 kW; and(c)the customer shall agree to a service contract with the BWL for the customer's full electrical service requirements at the aggregated delivery points for a period of not less than five(5)years. Aggregation shall be applicable for determination of the On-Peak Billing Demand only. All other charges, including the Basic Service Charge and Maximum Demand, shall apply to each delivery point independently. Metering-When the BWL elects to measure the service on the secondary side of the transformers, the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation, consumption as registered by the different meter installations will not be combined for billing purposes,but will be billed and computed separately except as provided for in Multiple Delivery Point Aggregation. Equipment Supplied by Customer-The customer shall be responsible for furnishing,installing and maintaining all necessary transforming, controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL, a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delaved Payment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations- Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan 3rd Revised Sheet No.EB 12 LARGE CAPACITY ELECTRIC SERVICE RATE NO. 8 Availabilitv-This rate is available to any customer desiring primary voltage service when: (a)the electrical requirements are supplied at one or more points of delivery as provided below for Multiple Delivery Point Aggregation; (b)where the total On-Peak Billing Demand is 25,000 kW or more;and(c)the customer agrees to a service contract with the BWL for the customer's full electrical service requirements at the applicable delivery points for a period of not less than ten(10)years. This rate is not available for standby or emergency service. Nature of Service-The service is alternating current, 60 hertz, three phase. The primary voltage is determined by the Board of Water and Light(BWL). Monthlv Rate-Shall be computed in accordance with the following charges: Basic Service Charge $250.00 per delivery point per month Capacity Charge $8.00 per kW for all kW of On-Peak Billing Demand,plus $1.50 per kW for all kW of Maximum Demand Energy Charge Summer Billing Months of June through October $0.0300 per kWh for all kWh during the On-Peak Period,plus $0.0260 per kWh for all kWh during the Off-Peak Period,plus Winter Billing Months of November through May $0.0288 per kWh for all kWh during the On-Peak Period,plus $0.0260 per kWh for all kWh during the Off-Peak Period Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Ad iustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Ad iustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees,or any other charges against the Board's property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand On-Peak Billing Demand: The On-Peak Billing Demand shall be the total kW supplied to all applicable delivery points during the 15-minute period of maximum use during the On-Peak Period during the month. (See Multiple Delivery Point Aggregation.) Maximum Demand: The Maximum Demand for each delivery point shall be the kW supplied during the 15-minute period of maximum use during the month whether on-peak or off-peak. Adopted: July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan First Revised Sheet No.EB 12-1 LARGE CAPACITY ELECTRIC SERVICE RATE NO.8 Schedule of on-peak and off-peak periods -The On-Peak Period shall be from 10:00 a.m. until 6:00 p.m., Monday through Friday. All other hours shall comprise the Off-Peak Period. Multiple Delivery Point Aggregation -The 15-minute period demands of multiple delivery points of a customer shall be summed for determination of the total On-Peak Billing Demand under the following conditions: (a)the Maximum Demand determined at each delivery point must equal or exceed 1,000 kW;and (b)the total On-Peak Billing Demand shall not be less than 25,000 kW. Aggregation shall be applicable for determination of the On-Peak Billing Demand only. All other charges,including the Basic Service Charge and Maximum Demand, shall apply to each delivery point independently. Meterine-When the BWL elects to mcas-ure the service on the secondary side of the transforr-hers, the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation, consumption as registered by the different meter installations will not be combined for billing purposes,but will be billed and computed separately except as provided for Multiple Delivery Point Aggregation. Equipment Supplied by Customer-The customer shall be responsible for furnishing, installing and maintaining all necessary transforming, controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL, a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges,shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan First Revised Sheet No. EB14-1 PROCESS HEATING ELECTRIC SERVICE RATE NO. 10 Availability-This rate is available to any customer desiring primary voltage service under the following conditions: (a)the electrical requirements are supplied at one point of delivery through one metering installation(except as provided below for Multiple Delivery Point Aggregation); (b)the Maximum Demand is 1,000 kW or more; (c)heat derived from electricity is an integral part of the customer's manufacturing process; (c) such process heating equipment has a total connected load of 1,000 kW or more, and accounts for at least 50%of total kWh consumption;(e)all, or a portion of, the process heating load,not less than 1,000 kW, is curtailable; and(f)the customer agrees to a service contract with the BWL for the customer's full electrical service requirements,including provisions for load curtailment,for a period of not less than ten(10)years. This rate is not available for standby or emergency service. Nature of Service-The service is alternating current, 60 hertz, three phase. The primary voltage is determined by the Board of Water and Light(BWL). Monthlv Rate- Shall be computed in accordance with the following charges: Basic Service Charge $250.00 per customer per month Capacity Charge $50.00 per kW for all Curtailment Period Demand in excess of Firm Capacity Energy Charge $0.0740 per kWh for the first 100 hours use of Maximum Demand, plus $0.0350 per kWh for the excess kWh Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh The minimum charge shall be the sum of(a)the Basic Service Charge, (b)the amount of$2.00 times the Maximum Demand,and(c)the amount of$6.90 times the Firm Capacity. Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. EnerLv Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Ad iustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees,or any other charges against the Board's property,or its operation,or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand Firm Capacity: is a specified capacity(in hundreds of kW)as set forth in the electric service agreement with the BWL sufficient to meet the customer's requirements for non-curtailable service at any time. Curtailment Period Demand: is the kW supplied during the 15-minute period of maximum use during any period of curtailment as defined by the electric service agreement with the BWL. Maximum Demand: is the kW supplied during the 15-minute period of maximum use during the month. Adopted:July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan First Revised Sheet No.EB 14-2 PROCESS HEATING ELECTRIC SERVICE RATE NO. 10 Multiple Delivery Point Aggregation-The 15 minute period demands of multiple delivery points of a customer may be summed for determination of the total Curtailment Period Demand under the following conditions: (a)the Maximum Demand at each delivery point must equal or exceed 100 kW; and(b)the total Maximum Demand shall not be less than 4,000 kW. Aggregation shall be applicable for determination of the Curtailment Period Demand and related charges only. All other charges, including the Basic Service Charge, shall apply to each delivery point independently. Metering-When the BWL elects to measure the service on the secondary side of the transformers,the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation,consumption as registered by the different meter installations will not be combined for billing purposes,but will be billed and computed sepamtely except as provided for Multiple Delivery Point Aggregation. Equipment Supplied by Customer-The customer shall be responsible for furnishing, installing and maintaining all necessary transforming,controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL, a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations- Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted:July 29, 1997 Effective: September 1, 1997 Page 57 `77MINUTES OF BOARD OF COMMISSIONERS'MEETING -r LANSING BOARD OF WATER AND LIGHT } } 0 4 CITY CLERr; Tuesday,July 29, 1997 The Board of Commissioners met in rescheduled regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by the Chair, David O'Leary. Present: Commissioners Christian, Graves, O'Leary,Royal, Strolle and Werbelow. Absent: Commissioner Pratt The Secretary declared a quorum present. The invocation was delivered by the Chair. The Pledge of Allegiance was said by all. APPROVAL OF NU UTES MOTION: On motion of Commissioner Christian and seconded by Commissioner Strolle,that the minutes of regular meeting of June 24, 1997,be adopted as filed. Carried unanimously. ANNOUNCEMENT BY THE CHAIR REGARDING ANNUAL ORGANIZATION The July meeting is generally the time for the annual organizational meeting for the election of officers. Nominations for officers are being postponed until such time the Chair determines the complement of the Board is such that nominations are appropriate. PUBLIC COMMENTS CHAIR O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW,OR AT THE END OF THE MEETING. No persons spoke. COMMUNICATIONS AND PETITIONS Letter from Thomas J. Coates,President,Thomas J. Coates and Associates, Inc., dated June 23, 1997, stating his continued interest in the Ottawa Power Street Station Redevelopment project. Received and placed on file. Board Minutes Page 58 July 29, 1997 Letter from J. Chris Holman,Partner, Ottawa Park Associates Developers(OPAD), dated June 26, 1997, thanking the Board and staff for their cooperation and assistance with the Ottawa Street Power Station project, and withdrawing their name as the developer of record for the project. Received and placed on file. COMMITTEE OF THE WHOLE REPORT (Resolution 97-7-1) The Committee of the Whole met on July 15, 1997. Agenda topics were: 1. To discuss Ottawa Power Station redevelopment issues,and 2. To receive reports on the Board of Water and Light(BWL)organization process redesign. Present were Commissioners Christian, Graves, O'Leary, Pratt,Royal, Strolle, and Werbelow. Ottawa Power Station Redevelopment. With General Motors' (GM)recent decision to not relocate its two Lansing area employee training centers to the Ottawa Station, the Board is now reviewing its options for the redevelopment of the Ottawa Power Station. The Commissioners agreed to form a special committee comprised of 'ommissioners appointed by the Board Chair and three management staff members appointed by the General to evaluate alternatives for the commercial redevelopment project. General Manager Pandy excused _..aL�:ii from discussions on the project because of his business dealings with developers interested in the project. The charge of the special committee is to meet with the development team of Thomas J. Coates and Associates to review the firm's proposal submitted September 1995, and to outline the obstacles identified by the Board in their initial selection process. Mr. Coates has expressed the firm's continued interest in the redevelopment project in the event negotiaLc.i:s between the Ottawa Park Associates Developers(OPAD)and GM were not successful. The special commit,_-.z is also being asked to evaluate whether or not to open negotiations with the Coates team or to reopen the project to other developers. The committee's recommendation is to be presented to the Board for consideration. Process Redesign Reports. Last fall BWL employees developed the organization's new Vision Statement which xwes on employee and customer partnerships to secure customer loyalty and meet the challenge of competition. This effort culminated into the formation of four process redesign teams who have been involved over the last several months in putting the vision statement into action. Leaders from each of the teams provided an executive overview of the following four processes: • Sell/Bill-The team emphasized providing desired products and services through a single point of contact wherever the customer exists. • Produce/Procure-The team focused on two core processes for producing the BWL's three current utility processes of water,electricity and steam. They include production of steam/electric and water. • Deliver-The team identified opportunities to achieve greater efficiencies in the delivery processes of each of the three BWL utility services for maximum benefit to end-use customers. Page 59 Board Minutes July 29, 1997 • Support-The team identified seven basic support services to be provided to the organization and to process owners. They include: Financial, Information,Engineering,Human Resources,Materials/Services, and EnvironmentabUealth/Safety. General Manger Pandy presented a preliminary organization chart showing how the BWL may organize around its major processes. The chart identifies four major process areas, a new ventures team and a craft center(craft center process owners to be IBEW union representatives)that would supply trades-related services to the processes. In addition, the General Manger would have a chief financial officer reporting directly to him, as well as legal,audit and communications officers. The General Manager would also be served by an advisory council that would provide him with feedback on how the processes are serving BWL customers. A Human Resources team will be submitting a list of job qualifications to begin filling the process owner positions at the top of the organization. A tentative schedule calls for phasing in process teams incrementally starting August 1. Respectfully submitted, John Strolle, Chair Pro Tern Committee of the Whole MOTION: Commissioner Christian moved, seconded by Commissioner Strolle,to approve the Committee of the Whole Report as presented. Discussion-Special Committee Appointments Chair O'Leary announced that he would like to add an additional Commissioner to the special Ottawa Station development committee, taking it from three to four members of the Board. The question as to whether or not four Commissioners serving on the special committee constitutes a quorum of the board under the Open Meetings Act was taken under advisement by Staff Attorney Wilhite. The eight-member Board currently has an open seat,created by the recent death of Commissioner William Lontz. SPECIAL COMMITTEE APPOINT,mENTs Commissioners Staff 1. Ernest Christian, Chair 5. Treasurer/Controller Dana Tousley 2. Joseph Graves, Jr. 6. Technical Services Director John Elashkar 3. Judson Werbelow 7. Staff Attorney Larry Wilhite 4. Peter Pratt Discussion-Process Redesign: The Commissioners discussed management's process redesign efforts. There was agreement that improving services to customer must continue to be the BWL's top priority. The Board indicated they would support committing more resources to technology to enable the Board of Water and Light to serve its customers better. The Commissioners requested additional information on the process redesign with practical examples on how the reorganization strategy will be implemented. The Committee of the Whole Report was approved by the following vote: YEAS: Christian, Graves, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: Pratt Board Minutes Page 60 July 29, 1997 GENERAL MANAGER'S RECOMMENDATIONS TREASURER/CONTROLLER Res. No.97-7-2 Authorize the sale of obsolete Board-owned vehicles and equipment through competitive bids. The items are BWL Unit Numbers 1, 8,21,62,64, 71,78, 124, 125,152,165, 169, 196, 225,512, 526, 542, 569, 578, 580,610, 612, 638, 711,723,724,725, 736, 806, 807, 852, 863, and 873. An itemized list is on file with the Corporate Secretary, MOTION: On motion of Commissioner Christian,seconded by Commissioner Werbelow, Resolution 97-7-2 was adopted by the following vote: YEAS: Christian, Graves, Strolle,O'Leary,Royal, Werbelow NAYS: None ABSENT: Pratt Res.No.97-7-3 Authorize the purchase of the estimated 12 month requirements of the following commodities for use in Dye and Wise Road Water Conditioning Plants,Moores Park Steam Plant, and Eckert and Erickson Electric Generating Plants. Pricing is firm through July 31, 1998. Commodity quantities are released as required over the 12 month period. All commodities were competitively bid in accordance with the BWL Purchasing Policy and Procedures. Below is a summary of the lowest and best evaluated bids. Annual Quantity Annual Cost Commodity (Est.) Unit Cost (Est.) Vendor Hydrofluosilicic Acid 200 tons $134.00/ton $ 26,800.00 L C I Limited Pebble Quicklime 15,000 tons 61.25/ton 918,750.00 Marblehead Lime Co. Soda Ash 1,800 tons 140.00/ton 252,000.00 O C I Corp. Granulated Salt 400 tons 71.25/ton 28,500.00 Morton Salt Division Sulfiuic Acid 630 tons 64.00/ton 40,320.00 Marsulex,Inc. Caustic Soda 175 tons 315.18/ton 55,156.50 K.A. Steel Chemicals, Inc. Sodium Hypochlorite 125,000 gal. .4620/gal. 57,750.00 K.A. Steel Chemicals, Inc. Blended Phosphate 15,000 gal. 7.65/gal. 114,750.00 Elhorn Engineering Co. Total: $1,494,026.50 Page 61 Board Minutes July 29, 1997 MOTION: On motion of Commissioner Christian, seconded by Commissioner Werbelow,Resolution 97-7-3 was adopted by the following vote: YEAS: Christian, Graves, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: Pratt Res. No.97-74 Water and Electric Rate Changes Whereas,proposed rate changes were filed with the City Clerk on May 28, 1997, and, Whereas,the rate changes eliminate ratchet provisions in the affected electric rates and remove the requirement for payment before construction begins in the water rate, and, Whereas, a Public Hearing on the proposed rate changes was subsequently held on July 15, 1997. THEREFORE,BE IT RESOLVED,That the following electric and water rate schedules(attached)be adopted and applied to all electricity or water used or services rendered on or after September 1, 1997. Rate 3 Water System Connection Fees Rate 4 Large General Electric Service Rate 5 Primary Electric Service Rate 8 Large Capacity Electric Service Rate 10 Process Heating Electric Service BE IT FURTHER RESOLVED,That the following electric and water rate schedules now in effect be rescinded for billing purposes, for any electricity or water used or services rendered on or after September 1, 1997. Effective Rate 3 Water System Connection Fees 01-01-94 Rate 4 Large General Electric Service 01-01-97 Rate 5 Primary Electric Service 01-01-97 Rate 8 Large Capacity Electric Service 01-01-97 Rate 10 Process Heating Electric Service 01-01-97 MOTION: On motion of Commissioner Strolle, seconded by Commissioner Graves,Resolution 97-7-4 was adopted by the following vote: YEAS: Christian, Graves, Strolle,O'Leary,Royal, Werbelow NAYS: None ABSENT: Pratt Board Minutes Page 62 July 29, 1997 WATER Res. No. 97-7-6 That the Board agree to serve water to proposed Water District No. 131,Delhi Township,as requested by resolution of the Delhi Charter Township on December 3, 1996, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 131 established by Township and will provide a potable water supply to said district. 2. The Township will be required to make a$39,142.50 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement CXXXI)covering the furnishing of a potable water supply in Water District No. 131. 4. Watermains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$39,142.50 from the Township,the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement CXXXI)to furnish a potable water supply in Water District No. 131. The geographical area of Water District No. 131 is as follows: College Heights Estates Phase 6,Lots 110 through 133. To provide a potable water supply within the proposed new district requires the installation of 1,535 feet of watermain and fire hydrants at an estimated cost of$39,142.50. The main extension will serve twenty- four(24) residential customers. A one-time connection fee will amount to$22,632.00. The estimated annual revenue is$8,160.00. Watermains to be installed in Summer/Fall of 1997 following the receipt of the Township's non- refundable contribution-in-aid of construction and the signing of the agreement. MOTION: On motion of Commissioner Christian, seconded by Commissioner Graves,Resolution 97-7-6 was adopted by the following vote: YEAS: Christian, Graves, Strolle,O'Leary,Royal, Werbelow NAYS: None ABSENT: Pratt Paee 63 Board Minutes July 29, 1997 Res. No.97-7-7 That the Board delegates to the General Manager authority to extend water service within the geographic boundaries of governmental units or with agencies for which the Board has authorized a retail or wholesale Water Service Agreement. That the General Manager and Corporate Secretary,or their respective designated representatives, are authorized to take all necessary actions to enter into and administer Supplemental Agreements and Amendments for the purpose of extending water service within such governmental units. That the Board authorizes the use of a simple payback methodology as follows: The simple payback for a water system extension shall be computed as the length of time required for all projected revenues from the service extension to be numerically equal to the expenditures for that extension. Projected revenues shall include but not be limited to Contribution-in-Aid of Construction, Connection Fees(Rate 3),revenues from the sale of water (Rates 1 and 2),Fire Hydrants and Services(Rate 4),and any other fee or charge assessed by the BWL against the governmental unit or customers served by the extension. Revenue projections shall take into account the anticipated density and type of customers,and the rate at which development is reasonably expected to occur. That in any case where the simple payback methodology exceeds 10 years,staff is directed to file,within 90 days of agreeing to extend service,a written report with the Board providing sufficient detail to justify the decision to extend. That the Board specifically reserves the right to authorize retail or wholesale Water Service Agreements in governmental units or with agencies for which no retail or wholesale Water Service Agreement exists. This resolution will provide a faster turn-around of requests for water service within the geographic boundaries of governmental units or agencies for which the Board has authorized a water service agreement. Historically, water system extensions within the City of Lansing and the former Landel Metropolitan District have been authorized through the capital budget, while those in other areas have been presented for specific authorization by the Board. Through this resolution the Board will establish a consistent policy for approval of water system extensions within areas the Board has authorized its water utility to serve. The Board will retain control of the overall level of expenditure through the Capital Budget process. Water Service Agreements are in effect for the following governmental units at the time this resolution is presented: Retail: Delhi Township,DeWitt Township, Watertown Township, Windsor Township and the former Landel Metropolitan District (Lansing Township's east side). Wholesale: Delta Township,and Lansing Township(West Side Water). MOTION: On motion of Commissioner Strolle, seconded by Commissioner Christian,Resolution 97-7-7, was adopted by the following vote: YEAS: Christian, Graves, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: Pratt Board Minutes Page 64 July 29, 1997 UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. RESOLUTION APPOINTMENT OF CHARTER STAFF POSITIONS (Resolution 97-7-8) BY THE BOARD OF COMMISSIONERS WHEREAS,the rules of procedure of the Board of Commissioners specify that the Board shall appoint each of the three staff positions reporting to the Board at its first regular meeting in July of each year,be it RESOLVED,the Board of Commissioners hereby reappoints the following staff positions for the ensuing fiscal year, or,until a successor is appointed,whichever last occurs: Director and General Manager -Joseph Pandy,Jr. Internal Auditor -Kellie Willson Corporate Secretary -Mary Sova MOTION: On motion of Commissioner Strolle,seconded by Commissioner Christian,Resolution 97-7-8 was adopted by the following vote: YEAS: Christian, Graves, Strolle,O'Leary,Royal,Werbelow NAYS: None ABSENT: Pratt GENERAL MANAGER'S REMARKS General Manager Joe Pandy reported on the following topics: Steel Blanking and Distribution Operation in Delhi Township selects CMS Energy for Electric Supply- General Manager Pandy reported that negotiations to secure the electric supply load of the Regional Steel Distribution Center(RSDC)in Delhi Township were unsuccessful. CMS Energy offered RSDC a new economic development rate, subject to Public Service Commission approval,that undercut the Board of Water and Light's (BWL)energy rate. Mr.Pandy noted that it is his sense that CMS took an aggressive marketing posture to keep Page 65 Board Minutes July 29, 1997 the BWL out of that area because of the growth potential in that section of Delhi Township. Discussion followed regarding competition and deregulation issues with respect to municipal utilities. Consumers Energy and Stranded Costs. General Manager Pandy handed out an article which appeared in the July 21, 1997, edition of Electric Utility Weekly. The essence of the article is that Consumers Energy is willing to auction off the rights to portions of its Michigan-based, non-utility generating capacity each year from 1998 until 2007 in an effort to link stranded-cost recovery to the market price of power. Standard &Poor's Revised Business Profile Scale for Public Power. General Manager Pandy presented an overview of Standard&Poor's recently published revised business profiles for public power and rural electric cooperative sectors and the investor owned electric utilities which appeared in the July 14, 1997, edition of Credit Week Municipal. They revised the scoring system of their business profiles to a 10 point scale from the five point scale first applied in 1995. This enhancement was promoted, in part,by the changes sweeping the electric industry and the emergence of disaggregated utility systems. Mr.Pandy noted that the credit rating of the Board of Water and Light was at AA,with a"stable" outlook, and a favorable Business Profile ranking of 4 (most favorable score being"1" -"4")—assigned to systems whose exposure to market forces is limited. Utilities assigned scores of"5"- "8" are the most likely to face formidable challenges in the rapidly evolving marketplace. The assignment and review of business profiles include the following factors: management, operations,competitive position,markets, and regulation. Mr. Pandy noted that the investor owned utilities generally score"5" or higher which indicates they will face challenges in a competitive environment. Customer Attitude Survev. Communications Director John Strickler presented an executive summary of this summer's customer attitude survey conducted by Market Strategies, Inc. (MSI)of Southfield,Michigan. The findings indicate that the BWL's favorability was maintained at 83 percent. An overall favorability is described as the BWL's market position, depicting how customers feel about the BWL and the image the organization has in the community. Overall satisfaction showed minor shifts,with a two percent drop in electric and a five percent gain in water. Loyalty showed a four percent drop with 76%indicating they would remain with the BWL if another utility offered electricity at the same price. Significant improvements were noted in concern,believability and environmental protection. Ratings on these measures are also higher among customers who are aware of the Motor Wheel Disposal Site story. Mr. Strickler noted that this suggests that the BWL's public responses to the Motor Wheel disposal situation were appropriate. The survey numbers also showed a drop in perceived value of electricity for the price and the value of customer service for the price. The value results in this area appear inconsistent and are being treated as an irregularity at this time. Mr. Strickler reported that MSI is developing a more detailed model which examines the relationships between the perceived performance of the BWL on various specific activities and characteristics and specific outcomes of interest to the BWL. More information will be forthcoming once the detailed analysis of the modeling results are received. REMARKS BY COMMISSIONERS Commissioner Werbelow inquired on the status of the proposed BWL evaluation being initiated by the City Council Ways and Means Committee. General Manager Pandy responded that the Ways and Means Committee is considering a proposal from Energy& Resources Consulting Group,a successor to SVBK. As of this week BWL staff is not aware that a response has been received by the Ways and Means Committee from the Energy&Resources group. Staff will continue to monitor the disposition of this project and will keep the Board informed. Chairman O'Leary reported that he had a discussion with Gary Granger of Capitol Annex,L.L.C. relative to the purchase of the Board of Water and Light office building at 123 W. Ottawa Street. Mr. Granger has indicated that he feels very positive about the legislature's interest in the purchase of the office building. He feels that the September 10, 1997, deadline imposed by the Lansing City Council(Resolution 105)is still a reasonable time frame. Board Minutes Page 66 July 29, 1997 Chairman O'Leary also informed the Board that reporters from WILX-TV Channel 10 stopped by his office on July 30, 1997,for an update on the Ottawa Street Power Station project. They were given the latest report on the special committee appointed to study Ottawa Station's redevelopment options. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES Moved by Commissioner Werbelow, seconded by Commissioner Christian, that the absence of Commissioner Pratt be excused. Adopted unanimously. ADJOURNMENT Moved by Commissioner Graves, seconded by Commissioner Strolle at 6:50 p.m.,to adjourn the meeting. Adopted unanimously. Mary E. Secretary Filed: August 1, 1997 Marilynn Slade, City Clerk Board of Water and Light,Lansing,Michigan 2nd Revised Sheet No. W135 WATER SYSTEM CONNECTION FEES RATE NO.3 System Connection Fees-The following schedule of fees shall apply to all new water service connections made to the mains. This fee shall not apply to active services which are being replaced. Service Size Connection to Main 1/1/94 1/1/95 1/1/96 3/4" $672.00 $715.00 $740.00 1" $806.00 $911.00 $943.00 1'/," or 1'/2" $1,075.00 $1,171.00 $1,212.00 2" $1,330.00 $1,663.00 $1,953.00 3" $1,890.00 $2,363.00 $2,954.00 4" $2,380.00 $2,975.00 $3,719.00 6" $3,430.00 $4,288.00 $5,360.00 8"and over $3,567.00 $4,637.00 $6,028.00 Tax Ad iustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board's property, or its operation, or the production and/or sale of water,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment cha>ges, shall be added to any bill which is not paid on or before the due date. Rules and Regulations-Service under this rate is subject to the Board of Water and Light Rules and Regulations for Water Service which are incorporated herein by this reference. Adopted:July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan 3rd Revised Sheet No.EB7 LARGE GENERAL ELECTRIC SERVICE RATE NO.4 Availabilitv-This rate is available to any customer desiring secondary voltage for any purpose when the electrical requirements are supplied at one point of delivery through one metering installation and the billing demand is 15 kW or more. The limitation to secondary-voltage service may be waived in instances where the character of the electric load at the premises served has changed substantially. This rate is not available for standby or emergency services. Nature of Service-The service is alternating current, 60 hertz, single phase or three phase. The secondary voltage is determined by the Board of Water and Light(BWL). Monthlv Rate-Shall be computed in accordance with the following charges. Basic Service Charge $18.00 per customer per month Capacity Charge $8.20 per kW for all kW of Maximum Demand Energy Charge Summer Billing Months of June through October $0.0350 per kWh Winter Billing Months of November through May $0.0320 per kWh Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh. The Reactive Power Charge shall be applicable to customers who have reactive kilovar hour(kvarh)metering installed in accordance with BWL Rules and Regulations regarding power factor. r Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Ad iustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees,or any other charges against the BWL property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand -The billing demand shall be the kW supplied during the 15-minute period of maximum use during the month. Metering-Where the BWL elects to measure the service on the primary side of the transformer,the metered kW and kWh quantities thus measured will be reduced by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one metering installation, the consumption as registered by the different metering installations will not be combined for billing purposes,but will be computed and billed separately. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges,shall be added to any bill that is not paid on or before the due date. Application Charee-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Adopted: July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan 2nd Revised Sheet No. EB8 LARGE GENERAL ELECTRIC SERVICE RATE NO. 4 Rules and Regulations - Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan 4th Revised Sheet No.EB9 PRIMARY ELECTRIC SERVICE RATE NO. 5 Availabilitv-This rate is available to any customer desiring primary voltage service when the electrical requirements are supplied at one point of delivery through one metering installation(except as provided below for Multiple Delivery Point Aggregation)and the billing demand is i00 kW or more. This rate is not available for standby or emergency service. Nature of Service-The service is alternating current, 60 hertz, three phase. The primary voltage is determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges: Basic Ser rice Charge $50.00 per customer per month Capacity Charge $6.90 per kd� or all kW of On-Peak Billing Demand, plus $2.00 per kW for all kW of Maximum Demand Energy Charge Summer Billing Months of June through October $0.0315 per kWh for all kWh during the On-Peak Period, plus $0.0270 per kWh for all kWh during the Off-Peak Period, plus Winter Billing Months of November through May $0.0300 per kWh for all kWh during the On-Peak Period, plus $0.0270 per kWh for all kWh during the Off-Peak Period Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh The Reactive Power Charge shall be applicable to customers who have reactive kilovar hour(kvarh) metering installed in accordance with BWL Rules and Regulations regarding power factor. Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Ad iustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board's property, or its operation,or the production and/or sale of electrical energy,to off6. ..� such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand On-Peak Billing Demand: The On-Peak Billing Demand shall be the kW supplied during the 15- minute period of maximum use during the On-Peak Period during the month. Maximum Demand: The Maximum Demand shall be the kW supplied during the 15-minute period of maximum use during the month whether on-peak or off-peak. Schedule of on-peak and off-peak periods-The On-Peak Period shall be from 10:00 a.m. until 6:00 p.m., Monday through Friday. All other hours shall comprise the Off-Peak Period. Adopted: July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan 4th Revised Sheet No.EB 10 PRIMARY ELECTRIC SERVICE RATE NO. 5 Multiple Delivery Point Aggregation-The 15-minute period demands of multiple delivery points of a customer may be summed for determination of the total On-Peak Billing Demand under the following conditions: (a)the Maximum Demand at each delivery point must equal or exceed 100 kW; (b)the total On- Peak Billing Demand shall not be less than 4,000 kW; and(c)the customer shall agree to a service contract with the BWL for the customer's full electrical service requirements at the aggregated delivery points for a period of not less than five(5)years. Aggregation shall be applicable for determination of the On-Peak Billing Demand only. All other charges, including the Basic Service Charge and Maximum Demand, shall apply to each delivery point independently. Metering-When the BWL elects to measure the service on the secondary side of the transformers, the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation, consumption as registered by the different meter installations will not be combined for billing purposes,but will be billed and computed separately except as provided for in Multiple Delivery Point Aggregation. Equipment Supplied by Customer-The customer shall be responsible for furnishing, installing and maintaining all necessary transforming,controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL, a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan 3rd Revised Sheet No.EB12 LARGE CAPACITY ELECTRIC SERVICE RATE NO.8 Availability-This rate is available to any customer desiring primary voltage service when: (a)the electrical requirements are supplied at one or more points of delivery as provided below for Multiple Delivery Point Aggregation; (b)where the total On-Peak Billing Demand is 25,000 kW or more; and(c)the customer agrees to a service contract with the BWL for the customer's full electrical service requirements at the applicable delivery points for a period of not less than ten(10)years. This rate is not available for standby or emergency service. Nature of Service-The service is alternating current, 60 hertz,three phase. The primary voltage is determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges: Basic Service Charge $250.00 per delivery point per month Capacity Charge $8.00 per kW for all kW of On-Peak Billing Demand,plus $1.50 per kW for all kW of Maximum Demand Energy Charge Summer Billing Months of June through October $0.0300 per kWh for all kWh during the On-Peak Period,plus $0.0260 per kWh for all kWh during the Off-Peak Period,plus Winter Billing Months of November through May $0.0288 per kWh for all kWh during the On-Peak Period,plus $0.0260 per kWh for all kWh during the Off-Peak Period Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Enerey Cost Adiustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees,or any other charges against the Board's property,or its operation,or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand On-Peak Billing Demand: The On-Peak Billing Demand shall be the total kW supplied to all applicable delivery points during the 15-minute period of maximum use during the On-Peak Period during the month. (See Multiple Delivery Point Aggregation.) Maximum Demand: The Maximum Demand for each delivery point shall be the kW supplied during the 15-minute period of maximum use during the month whether on-peak or off-peak. Adopted: July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan First Revised Sheet No.EB12-1 LARGE CAPACITY ELECTRIC SERVICE RATE NO. 8 Schedule of on-peak and off-peak periods-The On-Peak Period shall be from 10:00 a.m. until 6:00 p.m., Monday through Friday. All other hours shall comprise the Off-Peak Period. Multiple Delivery Point Aggregation-The 15-minute period demands of multiple delivery points of a customer shall be summed for determination of the total On-Peak Billing Demand under the following conditions: (a)the Maximum Demand determined at each delivery point must equal or exceed 1,000 kW; and (b)the total On-Peak Billing Demand shall not be less than 25,000 kW. Aggregation shall be applicable for determination of the On-Peak Billing Demand only. All other charges, including the Basic Service Charge and Maximum Demand, shall apply to each delivery point independently. Metering-When the BWL elects to measure the service on the secondary side of the transformers, the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation,consumption as registered by the different meter installations will not be combined for billing purposes,but will be billed and computed separately except as provided for Multiple Delivery Point Aggregation. Equipment Supplied by Customer-The customer shall be responsible for furnishing, installing and maintaining all necessary transforming,controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL, a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan First Revised Sheet No. EB14-1 PROCESS HEATING ELECTRIC SERVICE RATE NO. 10 Availability-This rate is available to any customer desiring primary voltage service under the following conditions: (a)the electrical requirements are supplied at one point of delivery through one metering installation(except as provided below for Multiple Delivery Point Aggregation); (b)the Maximum Demand is 1,000 kW or more; (c)heat derived from electricity is an integral part of the customer's manufacturing process; (c) such process heating equipment has a total connected load of 1,000 kW or more, and accounts for at least 50%of total kWh consumption; (e)all, or a portion of, the process heating load,not less than 1,000 kW, is curtailable; and(f)the customer agrees to a service contract with the BWL for the customer's full electrical service requirements, including provisions for load curtailment,for a period of not less than ten(10)years. This rate is not available for standby or emergency service. Nature of Service-The service is alternating current, 60 hertz,three phase. The primary voltage is determined by the Board of Water and Light(BWL). Monthly Rate- Shall be computed in accordance with the following charges: Basic Service Charge $250.00 per customer per month Capacity Charge $50.00 per kW for all Curtailment Period Demand in excess of Firm Capacity Energy Charge $0.0740 per kWh for the first 100 hours use of Maximum Demand, plus $0.0350 per kWh for the excess kWh Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh The minimum charge shall be the sum of(a)the Basic Service Charge, (b)the amount of$2.00 times the Maximum Demand, and(c)the amount of$6.90 times the Firm Capacity. Minimum Bill -The minimum bill is the basic service charge included in the monthly rate. EnerEy Cost Ad iustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Ad iustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board's property, or its operation,or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand Firm Capacity: is a specified capacity(in hundreds of kW)as set forth in the electric service agreement with the BWL sufficient to meet the customer's requirements for non-curtailable service at any time. Curtailment Period Demand: is the kW supplied during the 15-minute period of maximum use during any period of curtailment as defined by the electric service agreement with the BWL. Maximum Demand: is the kW supplied during the 15-minute period of maximum use during the month. Adopted:July 29, 1997 Effective: September 1, 1997 Board of Water and Light,Lansing,Michigan First Revised Sheet No.EB14-2 PROCESS HEATING ELECTRIC SERVICE RATE NO. 10 Multiple Delivery Point Aggregation-The 15 minute period demands of multiple delivery points of a customer may be summed for determination of the total Curtailment Period Demand under the following conditions: (a)the Maximum Demand at each delivery point must equal or exceed 100 kW;and(b)the total Maximum Demand shall not be less than 4,000 kW. Aggregation shall be applicable for determination of the Curtailment Period Demand and related charges only. All other charges, including the Basic Service Charge, shall apply to each delivery point independently. Metering-When the BWL elects to measure the service on the secondary side of the transformers,the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation,consumption as registered by the different meter installations will not be combined for billing purposes,but will be billed and computed separately except as provided for Multiple Delivery Point Aggregation. Equipment Supplied by Customer-The customer shall be responsible for furnishing, installing and maintaining all necessary transforming, controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL, a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: July 29, 1997 Effective: September 1, 1997 r Page 45 MINUTES OF BOARD OF COMMISSIONERS' MEETING+ LANSING BOARD OF WATER AND LIGHT-'-'? 30 !.Fr; 36 1 iS1.lG CITY CLERKTuesday,June 24, 1997 The Board of Commissioners met in rescheduled regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street, Lansing,Michigan. The meeting was called to order by Chairman O'Leary. Present: Commissioners Christian, Graves, O'Leary,Pratt,Royal, Strolle and Werbelow. Absent: None The Secretary declared a quorum present. The irivocador,was delivered by Chairman O'Leary. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES MOTION: On motion of Commissioner Christian and seconded by Commissioner Strolle,that the minutes of rescheduled regular meeting of May 20, 1997,be adopted as filed. Carried unanimously. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING. Eugene Buckley, 818 N. Hayford Street, Lansing,urged the Board to establish a policy and procedure for customers to not have their phone numbers given out to telemarketers. Mr. Buckley noted that ATT and Ameritech have procedures in place to address privacy concerns raised by customers contacted by unwel.comed solicitors. General Manager Pandy responded that the BWL has made it a practice to not provide lists of customers' addresses or telephone numbers to telemarketing groups of any type. To address customer concerns of this nature, staff will prepare a procedure that protects the privacy of individuals who wish to be excluded from any mandated turnover of customer list. Mr. Pandy assured Mr. Buckley that his customer record will include a notation on the computer screen indicating that he has requested to not have his address and phone number released. COMMUNICATIONS AND PETITIONS A letter of thanks was received from Brian T. Cooper,BWL Administrator of Utility Support Services, for his recognition in becoming a member of the Board of Water and Light 25 Year Club. Placed on file. 1 Board Minutes Page 46 June 24, 1997 COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on June 10, 1997, to discuss the following items: 1. Electric Utility Deregulation, 2. Dimondale Dam, 3. Fiscal 1997-98 Budget, and 4. Proposed Electric and Water Rate Changes. Present were Commissioners Christian, Graves, O'Leary, Pratt,Royal, Strolle, Werbelow. Electric Utility Deregulation. Bill Cook, Director of Electric System Control, reported that a task force has been formed in the Michigan legislature to draft electric utility restructuring legislation. A draft of the legislation is expected by this fall for finalization by Thanksgiving. Mr. Cook presented an executive summary of the following electric restructuring policy issues to be addressed by the Board: • Municipal Exemption to Direct Access • "Opt In" to Direct Access • Protecting Distribution Customer Base • Franchises for Alternative Suppliers • Stranded Costs • Securitization • Reciprocity After lengthy discussion on the supporting and opposing arguments for each issue, the Commissioners agreed to review and further study the proposed recommendations for consideration. There was consensus that the Board needs to set goals to help deal with the changes that competition will bring to our industry. Public power must demonstrate its ability to compete while also speaking forcefully against proposals that do not logically demonstrate significant benefits and adequate protections to ultimate consumers. Dimondale Dam Update. At the Committee of the Whole meeting held May 20, 1997, staff reported that two conceptual proposals are being negotiated with the Village of Dimondale. Technical Services Director John Elashkar presented an update on the proposed design and cost estimates to be presented to the Village on June 16 for further negotiations. Formal agreement is subject to approval by the Board of Commissioners and the Lansing City Council. Fiscal 1997-98 Budget. The revised Fiscal 1997-98 budget was presented by Treasurer/Controller Dana Tousley with the changes discussed at the Committee of the Whole meeting held May 20, 1997. The revised budget was received for information and filed with the City Clerk on May 28, 1997. Proposed Electric and Water Rate Changes. Proposed electric and water rate change documents disseminated to the public were received from Treasurer/Controller Dana Tousley. The following changes are under consideration at the scheduled public hearing set for July 15, 1997, at 5:30 p.m.: 1. the elimination of ratchet clauses from Electric Rate Schedules 4, 5, 8 and 10, and 2. the elimination of an up-front payment for connection to the water system from Water Rate Schedule No. 3. John Strolle, Chair Pro Tern COIvIIv=E OF THE WHOLE Page 47 Board Minutes June 24, 1997 MOTION: On motion of Commissioner Christian, seconded by Commissioner Werbelow, the Committee of the Whole Report was adopted by the following vote: General Manager Pandy handed out a copy of an opinion received from Dickinson, Wright, Moon, Van Dusen& Freeman. dated June 20, 1997, relative to the General Motors Electric Service Agreement and the issue with respect to"ratchet clauses." The opinion was submitted in preparation for the public hearing to be held July 15, 1997. The motion was adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle, O'Leary, Royal, Werbelow NAYS: None ABSENT: None PERSONNEL COMMITTEE REPORT The Personnel Committee met on June 24, 1997, to consider the non-bargaining compensation for Fiscal Year 1998. Committee members present were Commissioners Graves, O'Leary, Pratt, and Strolle(Chair). Also in attendance was Commissioner Werbelow. Human Resources Director Linda Gardner and Employment and Compensation Administrator Steve Polio presented analysis for changes in compensation for Non-Bargaining Unit employees for Fiscal Year 1998. Staff recommendations were made after(1)conducting an external market survey, (2)analyzing Cost of Living trends, (3)comparing Non-Bargaining and Bargaining Unit salaries within the Board of Water and Light(BWL), (4) receiving input from the non-Bargaining Unit Compensation Committee, and(5)considering the BWL's ability to pay. After much discussion, the Committee concurred with the following recommendation: BY THE PERSONNEL COMMITTEE: Non-Bargaining Compensation (Resolution 97-6-9) RESOLVED, That effective July 1, 1997: 1. All Non-Bargaining Unit salary ranges be increased 3.0%for Fiscal Year 1998; 2. All current Non-Bargaining Unit employees in full-time positions receive a 3.0% General Increase, and that all Clerical-Technical (CT)employees in full-time positions have their performance increases administered according to existing policy; 3. A broad matrix be established for non-CT employees to administer performance increases; 4. All current part-time employees receive a 3.0%General Increase rounded up to the next full nickel. John Strolle, Chair PERSONNEL COMMITTEE Board Minutes Page 48 June 24, 1997 MOTION: On motion of Commissioner Royal. seconded by Commissioner Graves, the Personnel Committee Report and Resolution 97-6-9 regarding the Wage and Salary Recommendations for Non-Bargaining employees,were adopted by the following vote: YEAS: Christian, Graves, Pratt, Strolle, O'Leary, Royal, Werbelow NAYS: None ABSENT: None GENERAL MANAGER'S RECOMMENDATIONS ADMINISTRATIVE Res. No. 97-6-1 That in accordance with Article II, Section 2.1 of the Board's Rules of Administrative Procedure, it is recommended that the following list of dates be adopted as the regular'meeting schedule for the Board of Water and Light Commissioners for the ensuing six(6) months. 1997 Julv 22 -Tuesday August 26 -Tuesday September 23 -Tuesday October 28 -Tuesday November 25 -Tuesday December 16 -Tuesday Regular meetings of the Board shall commence at 5:30 p.m. This schedule is subject to change as a result of date conflicts with rescheduled City Council meetings. It is further recommended that a notice of the meeting schedule be published in the LANSING STATE JOURNAL the week of June 29, 1997. MOTION: On motion of Commissioner Christian, seconded by Commissioner Strolle, Resolution 97-6-1 was adopted by the following vote:: YEAS: Christian, Graves, Pratt, Strolle,O'Leary, Royal, Werbelow NAYS: None ABSENT: None Res. No. 97-6-2 It is recommended that: I. The Flexible Spending Account(FSA)be continued and that the contract with the TPA/United HealthCare Administrators, Inc., for administration of FSA be continued. Page 49 Board Minutes June 24, 1997 II. The following Share the Success (STS)Bonus Options be approved for FY 1997/98: 1. Deferred Cash No change 2. Purchase of Vacation * No change 3. Purchase of Free Choice * No change 4. Deferred Compensation(457) No change 5. FSA(Flexible Spending Account) No change 6. Charitable Contributions Capital Area Response Effort& Child Abuse Prevention Services 7. Long Term Disability Program Open enrollment for"buy-up"options 8. Cancer, Intensive Care, AFLAC Plan No change *Purchase of Vacation&Free Choice will be limited to ten (10)total days to include no more than two(2)Free Choice days. MOTION: On motion of Commissioner Strolle, seconded by Commissioner Christian, to adopt Resolution 97-6-2 as submitted.: General Manager Pandy presented an overview of the Flexible Spending Account(FSA)and the Share the Success (STS)program at the request of Commissioner Werbelow. Following discussion, the Commissioners agreed that a future Committee of the Whole presentation on how the STS program performance measures are determined would be helpful for the newer Commissioners. Resolution 97-6-2 was adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle, O'Leary, Royal, Werbelow NAYS: None ABSENT: None Res. No. 97-6-3 It is recommended that: The recommendation for Performance Measures for FY 1996/97 Share the Success Plan(STS)be approved. That the employees be eligible to receive a Performance Bonus of up to 5%as determined by final points for FY 1997/98. If all goals and targets are reached, BWL will realize a financial impact of$3,487,366 based on the three financial measures. The employees will earn up to 500 points on a 5.0%STS bonus equal to$1,743,683 with the net financial impact to BWL being$1,743,683. The other eight(8) measures have a financial impact which is not quantifiable. (See attached Summary FY 1997/98 from the STS Performance Measures Committee). MOTION: On motion of Commissioner Strolle, seconded by Commissioner Pratt,Resolution 97-6-3 was adopted by the following vote: YEAS: Christian, Graves, Pratt, Strolle, O'Leary, Royal, Werbelow NAYS: None ABSENT: None Board Minutes Page 50 June 24, 1997 Res. No. 97-6 4 That the Board authorize the establishment of a voluntary charitable contribution(positive check off)whereby customers may choose to add$1.00 or more to their monthly utility bill to be utilized to assist in the payment of utility bills of needy BWL customers. Further, that the General Manager is authorized to establish appropriate accounts and agreements with assistance agencies to administer the utility assistance program. This will provide an additional means for needy customers to receive assistance in payment of utility bills. General Manager Pandy noted that staff determined that the positive check off methodology for$1.00 created less administrative costs to implement than a positive roundup for an amount less than$1.00. Commissioner Pratt commented that a study has indicated people tend to favor the roundup option over the$1.00 check off. Following discussion, the Board concurred that administrative burden is a legitimate consideration. MOTION: On motion of Commissioner Strolle, seconded by Commissioner Christian, Resolution 97-6-4 was adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: None TREASURERICONTROLLER Res. No. 97-6-5 That the Board pay$6,069,006 to the City of Lansing pursuant to our agreement dated June 30, 1992. Further,that all Receiving Fund cash and investments remaining following the above payment be transferred effective June 30, 1996 to the Special Project Fund for future capital projects. MOTION: On motion of Commissioner Strolle, seconded by Commissioner Graves,Resolution 97-6-5 was adopted by the following vote: YEAS: Christian, Graves, Pratt, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: None Page 51 Board Minutes June 24, 1997 WATER Res. No. 97-" That the Board agree to serve water to proposed Water District No. 130,Delhi Township,as requested by resolution of the Delhi Township Board on May 6, 1997, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 130 established by Township resolution, and will provide a potable water supply to said district. 2. The Township will be required to make a$58,341.05 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement CXXX)covering the furnishing of a potable water supply in Water District No. 130. 4. Water mains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$58,341.05 from the Township, the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement (Supplement CXXX)to furnish a potable water supply in Water District No. 130. The geographical area of Water District No. 130 is as follows: Apple Ridge Estates, Lots 1 through 20. To provide a potable water supply within the proposed new district requires the installation of 2185 feet of watermain and fire hydrants at an estimated cost of$68,616.05. Delhi Township acknowledges the portion of $58,341.05 of the cost of said project. Due to the required watermain oversizing, BWL's oversizing cost will be $10,275.00. The main extension will serve twenty(20) residential customers. A one-time connection fee will amount to$18,860.00. The estimated annual revenue is$6,800.00. Watermains to be installed in Summer of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. This project is contiguous to Water District No. 128 and will be constructed in conjunction with. MOTION: On motion of Commissioner Strolle, seconded by Commissioner Christian, Resolution 97-" was adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle, O'Leary, Royal, Werbelow NAYS: None ABSENT: None Board Minutes Page 52 June 24, 1997 UNFINISHED BUSINESS MOTION: Moved by Commissioner Werbelow, seconded by Commissioner Christian,that Resolution 97-4-3 known as the"Board of Water and Light Home Ownership Program for Employees," adopted by the Board on April 29, 1997, be rescinded and replaced with newly revised Resolution 97-6-7 -"Board of Water and Light Home Ownership Program" as presented below: (Resolution 97-6-7) BOARD OF WATER AND LIGHT HOME OWNERSHIP PROGRAM FOR EMPLOYEES WHEREAS, Councilmember Paul Novak has requested the Board of Water and Light to undertake a program to increase the number of Board of Water and Light employees who own and live in homes within the City of Lansing, and WHEREAS, the Board of Water and Light Commissioners have determined that such a program is in the best interests of the Board of Water and Light. NOW, THEREFORE,IT IS RESOLVED,That the Board of Water and Light Commissioners authorize and direct the General Manager to develop and implement a program to encourage full-time Board of Water and Light employees to acquire and reside in homes located in the City of Lansing. IT IS FURTHER RESOLVED, That this approval is subject to engaging in any necessary collective bargaining with employees represented by unions. IT IS FURTHER RESOLVED,That Fifty Thousand Dollars ($50,000)be allocated annually for three years effective with Fiscal Year 1997-98 for this program. IT IS FURTHER RESOLVED, That the maximum amount to be advanced to any one Board of Water and Light employee shall not exceed Five Thousand Dollars($5,000). Up to One Thousand Dollars ($1,000)per year of the amount advanced to a Board of Water and Light employee may be forgiven under conditions established by the General Manager, and the General Manager shall not be eligible to participate in the program. IT IS FURTHER RESOLVED,That if the General Manager determines that the objectives of the program will be advanced by participation in the matching program of the Local Initiatives Support Corporation(LISC), the Board of Water and Light shall participate in the LISC matching program, to the extent determined by the General Manager. IT IS FURTHER RESOLVED, That the General Manager shall report to the Board of Water and Light Commissioners at least semi-annually on the status of the home ownership program authorized by this resolution. Commissioner Royal raised a point for clarification. She asked if employees participate, does that create a pool of money which allows more applicants to come into the program or does it increase the amount to any one of the ten (10) applicants. Page 53 Board Minutes June 24, 1997 General Manger Pandy responded that the$5,000 the BWL is allocating to the program is extended as a homeownership incentive in the form of compensation. One fifth of that amount is forgiven each year for five(5) years. Consequently, if$5,000 is allocated to someone moving into one of the targeted community development areas, $1,000 of the$5,000 is forgiven each year or treated as compensation. The match comes from the Local Initiatives Support Corporation(LISC); given to the same individual who received the first$5,000 as money for rehabilitation of the targeted house for remodeling,restoration and fix up in the form of a low interest loan, to be repaid to LISC. In summary, the$5,000 the BWL allocates is a forgivable grant, and the other$5,000 is a loan that must be repaid. Resolution 97-6-7 was adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle,O'Leary,Royal, Werbelow NAYS: None ABSENT: None MOTION: Moved by Commissioner Werbelow, seconded by Commissioner Royal, that the following described property pulled from the regular meeting agenda of May 20, 1997, be approved as presented: (Resolution 97-6-8) TO DECLARE CERTAIN PROPERTY ON WEXFORD ROAD AS SURPLUS It is recommended that: The following described property situated on Wexford Road,Lansing,be declared surplus and not required for Board of Water and Light Operations: A part of a parcel of land deeded to the Lansing Board of Water and Light(Said deed recorded in Liber 2158,Pages 408-409 of Ingham County Deeds),being described as follows: Beginning at a point that is on the East Line of Lot 20 of"Maple Grove Farms No. 1", Liber 8, Page 24, Ingham County Plats, and said Point of Beginning being 68 feet North of the Southeast Lot Corner, thence Westerly along a line parallel to the South Line of Lot 20 300 feet;thence Southerly parallel to the East Line of Lots 20 & 19 200 feet, more or less, to the South Line of Lot 19; thence Westerly along the South Line of Lot 19 402.7 feet. more or less, to the Southwest Corner of Lot 19; thence Northerly along the West Line of Lots 19, 20&21 396 feet, more or less, to the Northwest Corner of Lot 21: thence F,asterly along the North Line of Lot 21603.9 feet, more or less, to a point that is 100 feet West of the East Line of Lot 21; thence Southerly parallel to the East Line of Lot 2162 feet;thence Westerly 28 feet; then Southerly parallel to the East Line of Lot 2170 feet, more or less,to the South Line of Lot 21,thence Easterly along the Lot Line 128 feet to the Southeast Corner of Lot 21; thence Southerly along the East Line of Lot 20 64 feet, more or less, to the Point of Beginning, containing 203,300 sq. ft. or 4.67 acres of land, more or less. Further that the General Manager and Corporate Secretary be authorized to enter into agreements to transfer jurisdiction of this property to the City of Lansing Planning and Neighborhood Development Department for disposal and future development, subject to the requirements of State Law, the Lansing City Charter and Codified Ordinances. Further any proceeds from this sale shall be deposited in the Joint City/BWL Economic Development Fund for funding projects in accordance with the purpose of the fund. Board Minutes Page 54 June 24, 1997 This parcel of property is part of a larger parcel purchased from the Michigan Department of Natural Resources for $50.00 in 1994. Approximately one acre is being retained for well site and transmission main installation. The remaining portion is not needed for utility purposes and can be made available for development in conjunction with other adjacent vacant properties_ The City Planning and Neighborhood Development Department will be soliciting proposals for development and use of the property. Resolution 97-6-8 was adopted by the following vote: YEAS: Christian, Graves, Pratt, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: None NEW BUSINESS The Rotary Club Steam Clock. General Manger Pandy reported that groundbreaking for the steam clock in downtown Lansing is scheduled for June 27, 1997. The Rotary Club of Lansing(Rotary) is donating the steam clock to the City of Lansing. Insurance coverage will be assumed by the City,with premium reimbursement coming from Rotary. The working elements of the clock, i.e., steam whistles, chimes, and the musical and clockwork,will be maintained by Rotary through a contract with The Verdin Company. The BWL would provide necessary steam and electric service, and maintain the clock's external structure and steam piping and the electric wire and lamping against ordinary wear and tear, at its own cost. Mr.Pandy noted that this is a nice opportunity for the City and the BWL to come together with The Rotary Club to provide a nice enhancement to the City's downtown central business district. Mr. Pandy pointed out that that because he is a member of Rotary as are Commissioners O'Leary and Werbelow, he would prefer that the Board take action to authorize the BWL's involvement with the maintenance of certain portions of the project,which will be memorialized in an agreement among The Rotary Club, the City of Lansing, and the BWL. A copy of the agreement was available at the meeting for the Commissioners' perusal. A plaque honoring the BWL for its involvement will be one of four plaques on the clock. (Resolution 97-6-9) BWL TO MAINTAIN CERTAIN PORTIONS OF THE STEAM CLOCK MOTION: On motion of Commissioner Strolle, seconded by Commissioner Royal, the Board authorized the General Manager and Corporate Secretary to enter into agreement with The Rotary Club of Lansing and the City of Lansing for the steam clock project. Adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle, Royal NAYS: None ABSTAIN: O'Leary, Werbelow(did not participate in the discussion) ABSENT: None Page 55 Board Minutes June 24, 1997 GENERAL MANAGER'S REMARKS General Manager Joe Pandy reported on the following topics: Leased Railcar Utilization. Statistics indicate that the trainset being leased by the BWL over the past 12 months has realized BWL customers a savings of$201,560. These savings are expected to continue throughout the term of the 30-month lease agreement, dated May, 1996. Be A Tourist in Your Own Town. A letter of thanks from the Greater Lansing Convention&Visitors Bureau was handed out for"Be A Tourist in Your Own Town' program. The BWL played a key role for that event held June 24, 1997. Open houses were held both at the Ottawa Power Plant and Dye Water Plant. Exhibits on Water safety and environmental compliance were on display for the public. Mr. Pandy expressed his appreciation to all employees who volunteered to work on this annual event. Developers Meet with GM on Ottawa Power Plant. The Ottawa Park Associates,Developers(OPAD)continue to meet with General Motors' (GM)Argonaut Worldwide Realty regarding a proposed GM training center at the Ottawa Power Plant. An announcement is expected on June 25. Mr. Pandy noted that if GM's decision is not positive, the Board will need to talk about options it may want to consider at the Committee of the Whole meeting on July 15, 1997. Temporary Leasing of Main Office Building 9th Floor Space. Interest has been expressed by a couple of City of Lansing departments and an independent engineering firm in leasing temporary space on the 9th floor of the BWL's 123 W. Ottawa Street office building. Mr. Pandy stated that if the BWL office building is sold,we would have 18 months to vacate the premise. A time limit of September 10, 1997, was imposed by the Board for the developer(Capitol Annex,L.L.C.)to secure a lease from the State of Michigan. REMARKS BY COMMISSIONERS Commissioner Christian asked for an update on the Lansing Lugnuts' past due utility account and what procedures the BWL is using in collections. Mr. Pandy briefed the Board on the nature of the dispute between the City of Lansing and the Lugnuts with respect to their agreement in actual utility consumption and who pays for what percentage of the total. The metering was not laid out to separately meter the various facilities. Negotiations between the City and the Lugnuts are continuing, however, a payment from Peter Sullivan, CEO of the Lansing Entertainment and Public Facilities Authority, is expected this week which will bring the account up to date. Mr.Pandy added that the BWL makes every effort to work out an acceptable payment plan with customers who are in arrears. Commissioner Pratt noted that in reviewing the BWL Performance Indicators for the period ending May 1997, the net income for Electric is down 37.84%. He asked for an explanation. General Manager Pandy reported that the BWL had a banner year last year, mostly on the strength of export sales. This year the BWL has had to go more toward market pricing for wholesale sales. Last year, the BWL had a predetermined contractual price for wholesale power that was above market. As the marketplaces have become more competitive, the BWL has had to lower its prices in order to sell surplus wholesale power.. Board Minutes Page 56 June 24, 1997 PUBLIC COMMENTS CHAUUV AN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEr3K TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES No excused absences. ADJOURNMENT There being no further business,the Board adjourned at 6:23 p.m. A. Mary E. S Secretary Filed: June 26, 1997 Marilynn Slade, City Clerk Page 45 MINUTES OF BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT Tuesday,June 24, 1997 A,. y i;lSltG CLERK The Board of Commissioners met in rescheduled regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman O'Leary. Present: Commissioners Christian, Graves, O'Leary,Pratt,Royal, Strolle and Werbelow. Absent: None The Secretary declared a quorum present. The invocation was delivered by Chairman O'Leary. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES MOTION: On motion of Commissioner Christian and seconded by Commissioner Strolle,that the minutes of rescheduled regular meeting of May 20, 1997,be adopted as filed. Carried unanimously. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING. Eugene Buckley, 818 N. Hayford Street,Lansing,urged the Board to establish a policy and procedure for customers to not have their phone numbers given out to telemarketers. Mr. Buckley noted that ATT and Ameritech have procedures in place to address privacy concerns raised by customers contacted by unwelcomed solicitors. General Manager Pandy responded that the BWL has made it a practice to not provide lists of customers' addresses or telephone numbers to telemarketing groups of any type. To address customer concerns of this nature, staff will prepare a procedure that protects the privacy of individuals who wish to be excluded from any mandated turnover of customer list. Mr. Pandy assured Mr. Buckley that his customer record will include a notation on the computer screen indicating that he has requested to not have his address and phone number released. COMMUNICATIONS AND PETITIONS A letter of thanks was received from Brian T. Cooper,BWL Administrator of Utility Support Services,for his recognition in becoming a member of the Board of Water and Light 25 Year Club. Placed on file. Board Minutes Page 46 June 24, 1997 COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on June 10, 1997, to discuss the following items: 1. Electric Utility Deregulation, 2. Dimondale Dam, 3. Fiscal 1997-98 Budget, and 4. Proposed Electric and Water Rate Changes. Present were Commissioners Christian, Graves,O'Leary,Pratt,Royal, Strolle, Werbelow. Electric Utility Deregulation. Bill Cook,Director of Electric System Control,reported that a task force has been formed in the Michigan legislature to draft electric utility restructuring legislation. A draft of the legislation is expected by this fall for finalization by Thanksgiving. Mr. Cook presented an executive summary of the following electric restructuring policy issues to be addressed by the Board: • Municipal Exemption to Direct Access • "Opt In" to Direct Access • Protecting Distribution Customer Base • Franchises for Alternative Suppliers • Stranded Costs • Secuntization • Reciprocity After lengthy discussion on the supporting and opposing arguments for each issue, the Commissioners agreed to review and further study the proposed recommendations for consideration. There was consensus that the Board needs to set goals to help deal with the changes that competition will bring to our industry. Public power must demonstrate its ability to compete while also speaking forcefully against proposals that do not logically demonstrate significant benefits and adequate protections to ultimate consumers. Dimondale Dam Update. At the Committee of the Whole meeting held May 20, 1997, staff reported that two conceptual proposals are being negotiated with the Village of Dimondale. Technical Services Director John Elashkar presented an update on the proposed design and cost estimates to be presented to the Village on June 16 for further negotiations. Formal agreement is subject to approval by the Board of Commissioners and the Lansing City Council. Fiscal 1997-98 Budget. The revised Fiscal 1997-98 budget was presented by Treasurer/Controller Dana Tousley with the changes discussed at the Committee of the Whole meeting held May 20, 1997. The revised budget was received for information and filed with the City Clerk on May 28, 1997. Proposed Electric and Water Rate Changes. Proposed electric and water rate change documents disseminated to the public were received from Treasurer/Controller Dana Tousley. The following changes are under consideration at the scheduled public hearing set for July 15, 1997,at 5:30 p.m.: 1. the elimination of ratchet clauses from Electric Rate Schedules 4, 5, 8 and 10, and 2. the elimination of an up-front payment for connection to the water system from Water Rate Schedule No. 3. John Strolle, Chair Pro Tem COM II=E OF THE WHOLE Page 47 Board Minutes June 24, 1997 MOTION: On motion of Commissioner Christian, seconded by Commissioner Werbelow, the Committee of the Whole Report was adopted by the following vote: General Manager Pandy handed out a copy of an opinion received from Dickinson, Wright, Moon, Van Dusen& Freeman, dated June 20, 1997, relative to the General Motors Electric Service Agreement and the issue with respect to"ratchet clauses." The opinion was submitted in preparation for the public hearing to be held July 15, 1997. The motion was adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle, O'Leary, Royal, Werbelow NAYS: None ABSENT: None PERSONNEL COMMITTEE REPORT The Personnel Committee met on June 24, 1997, to consider the non-bargaining compensation for Fiscal Year 1998. Committee members present were Commissioners Graves, O'Leary, Pratt, and Strolle(Chair). Also in attendance was Commissioner Werbelow. Human Resources Director Linda Gardner and Employment and Compensation Administrator Steve Pollo presented analysis for changes in compensation for Non-Bargaining Unit employees for Fiscal Year 1998. Staff recommendations were made after(1)conducting an external market survey, (2)analyzing Cost of Living trends, (3)comparing Non-Bargaining and Bargaining Unit salaries within the Board of Water and Light(BWL), (4) receiving input from the non-Bargaining Unit Compensation Committee, and(5)considering the BWL's ability to pay. After much discussion, the Committee concurred with the following recommendation: BY THE PERSONNEL COMMITTEE: Non-Bargaining Compensation (Resolution 97-6-9) RESOLVED, That effective July 1, 1997: 1. All Non-Bargaining Unit salary ranges be increased 3.0%for Fiscal Year 1998; 2. All current Non-Bargaining Unit employees in full-time positions receive a 3.0% General Increase, and that all Clerical-Technical(CT)employees in full-time positions have their performance increases administered according to existing policy; 3. A broad matrix be established for non-CT employees to administer performance increases; 4. All current part-time employees receive a 3.0%General Increase rounded up to the next full nickel. John Strolle, Chair PERSONNEL COMMITTEE Board Minutes Page 48 June 24, 1997 MOTION: On motion of Commissioner Royal, seconded by Commissioner Graves,the Personnel Committee Report and Resolution 97-6-9 regarding the Wage and Salary Recommendations for Non-Bargaining employees, were adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: None GENERAL MANAGER'S RECOMMENDATIONS ADMINISTRATIVE Res. No.97-6-1 That in accordance with Article II, Section 2.1 of the Board's Rules of Administrative Procedure, it is recommended that the following list of dates be adopted as the regular meeting schedule for the Board of Water and Light Commissioners for the ensuing six(6)months. 1997 July 22 -Tuesday August 26 -Tuesday September 23 -Tuesday October 28 -Tuesday November 25 -Tuesday December 16 -Tuesday Regular meetings of the Board shall commence at 5:30 p.m. This schedule is subject to change as a result of date conflicts with rescheduled City Council meetings. It is further recommended that a notice of the meeting schedule be published in the LANSING STATE JOURNAL the week of June 29, 1997. MOTION: On motion of Commissioner Christian, seconded by Commissioner Strolle,Resolution 97-6-1 was adopted by the following vote:: YEAS: Christian, Graves,Pratt, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: None Res. No.97-6-2 It is recommended that: I. The Flexible Spending Account(FSA)be continued and that the contract with the TPA/United HealthCare Administrators, Inc., for administration of FSA be continued. Page 49 Board Minutes June 24, 1997 II. The following Share the Success(STS)Bonus Options be approved for FY 1997/98: 1. Deferred Cash No change 2. Purchase of Vacation* No change 3. Purchase of Free Choice* No change 4. Deferred Compensation(457) No change 5. FSA(Flexible Spending Account) No change 6. Charitable Contributions Capital Area Response Effort& Child Abuse Prevention Services 7. Long Term Disability Program Open enrollment for"buy-up" options 8. Cancer, Intensive Care, AFLAC Plan No change *Purchase of Vacation&Free Choice will be limited to ten(10)total days to include no more than two(2)Free Choice days. MOTION: On motion of Commissioner Strolle, seconded by Commissioner Christian,to adopt Resolution 97-6-2 as submitted.: General Manager Pandy presented an overview of the Flexible Spending Account(FSA)and the Share the Success (STS)program at the request of Commissioner Werbelow. Following discussion, the Commissioners agreed that a future Committee of the Whole presentation on how the STS program performance measures are determined would be helpful for the newer Commissioners. Resolution 97-6-2 was adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle,O'Leary,Royal, Werbelow NAYS: None ABSENT: None Res. No.97-6-3 It is recommended that: The recommendation for Performance Measures for FY 1996/97 Share the Success Plan(STS)be approved. That the employees be eligible to receive a Performance Bonus of up to 5%as determined by final points for FY 1997/98. If all goals and targets are reached,BWL will realize a financial impact of$3,487,366 based on the three financial measures. The employees will earn up to 500 points on a 5.0%STS bonus equal to$1,743,683 with the net financial impact to BWL being$1,743,683. The other eight(8)measures have a financial impact which is not quantifiable. (See attached Summary FY 1997/98 from the STS Performance Measures Committee). MOTION: On motion of Commissioner Strolle, seconded by Commissioner Pratt,Resolution 97-6-3 was adopted by the following vote: YEAS: Christian, Graves, Pratt, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: None Board Minutes Page 50 June 24, 1997 Res. No. 97-64 That the Board authorize the establishment of a voluntary charitable contribution(positive check off)whereby customers may choose to add S 1.00 or more to their monthly utility bill to be utilized to assist in the payment of utility bills of needy BWL customers. Further, that the General Manager is authorized to establish appropriate accounts and agreements with assistance agencies to administer the utility assistance program. This will provide an additional means for needy customers to receive assistance in payment of utility bills. General Manager Pandy noted that staff determined that the positive check off methodology for$1.00 created less administrative costs to implement than a positive roundup for an amount less than$1.00. Commissioner Pratt commented that a study has indicated people tend to favor the roundup option over the$1.00 checkoff. Following discussion, the Board concurred that administrative burden is a legitimate consideration. MOTION: On motion of Commissioner Strolle, seconded by Commissioner Christian,Resolution 97-6-4 was adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle, O'Leary,Royal,Werbelow NAYS: None ABSENT: None TREASURER/CONTROLLER Res. No. 97-6-5 That the Board pay$6,069,006 to the City of Lansing pursuant to our agreement dated June 30, 1992. Further, that all Receiving Fund cash and investments remaining following the above payment be transferred effective June 30, 1996 to the Special Project Fund for future capital projects. MOTION: On motion of Commissioner Strolle,seconded by Commissioner Graves,Resolution 97-6-5 was adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle,O'Leary,Royal,Werbelow NAYS: None ABSENT: None Page 51 Board Minutes June 24, 1997 WATER Res. No. 97-" That the Board agree to serve water to proposed Water District No. 130,Delhi Township,as requested by resolution of the Delhi Township Board on May 6, 1997, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township,the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 130 established by Township resolution,and will provide a potable water supply to said district. 2. The Township will be required to make a$58,341.05 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement CXXX)covering the furnishing of a potable water supply in Water District No. 130. 4. Water mains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$58,341.05 from the Township, the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement (Supplement CXXX) to furnish a potable water supply in Water District No. 130. The geographical area of Water District No. 130 is as follows: Apple Ridge Estates,Lots 1 through 20. To provide a potable water supply within the proposed new district requires the installation of 2185 feet of watermain and fire hydrants at an estimated cost of$68,616.05. Delhi Township acknowledges the portion of $58,341.05 of the cost of said project. Due to the required watermain oversizing,BWL's oversizing cost will be $10,275.00. The main extension will serve twenty(20) residential customers. A one-time connection fee will amount to$18,860.00. The estimated annual revenue is$6,800.00. Watermains to be installed in Summer of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. This project is contiguous to Water District No. 128 and will be constructed in conjunction with. MOTION: On motion of Commissioner Strolle, seconded by Commissioner Christian,Resolution 97-" was adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle,O'Leary,Royal, Werbelow NAYS: None ABSENT: None Board Minutes Page 52 June 24, 1997 UNFINISHED BUSINESS MOTION: Moved by Commissioner Werbelow, seconded by Commissioner Christian,that Resolution 97-4-3 known as the"Board of Water and Light Home Ownership Program for Employees," adopted by the Board on April 29, 1997, be rescinded and replaced with newly revised Resolution 97-6-7 -"Board of Water and Light Home Ownership Program"as presented below: (Resolution 97-6-7) BOARD OF WATER AND LIGHT HOME OWNERSHIP PROGRAM FOR EMPLOYEES WHEREAS, Councilmember Paul Novak has requested the Board of Water and Light to undertake a program to increase the number of Board of Water and Light employees who own and live in homes within the City of Lansing, and WHEREAS, the Board of Water and Light Commissioners have determined that such a program is in the best interests of the Board of Water and Light. NOW,THEREFORE, IT IS RESOLVED,That the Board of Water and Light Commissioners authorize and direct the General Manager to develop and implement a program to encourage full-time Board of Water and Light employees to acquire and reside in homes located in the City of Lansing. IT IS FURTHER RESOLVED, That this approval is subject to engaging in any necessary collective bargaining with employees represented by unions. IT IS FURTHER RESOLVED,That Fifty Thousand Dollars($50,000)be allocated annually for three years effective with Fiscal Year 1997-98 for this program. IT IS FURTHER RESOLVED,That the maximum amount to be advanced to any one Board of Water and Light employee shall not exceed Five Thousand Dollars($5,000). Up to One Thousand Dollars($1,000)per year of the amount advanced to a Board of Water and Light employee may be forgiven under conditions established by the General Manager,and the General Manager shall not be eligible to participate in the program. IT IS FURTHER RESOLVED,That if the General Manager determines that the objectives of the program will be advanced by participation in the matching program of the Local Initiatives Support Corporation(LISC),the Board of Water and Light shall participate in the LISC matching program,to the extent determined by the General Manager. IT IS FURTHER RESOLVED, That the General Manager shall report to the Board of Water and Light Commissioners at least semi-annually on the status of the home ownership program authorized by this resolution. Commissioner Royal raised a point for clarification. She asked if employees participate,does that create a pool of money which allows more applicants to come into the program or does it increase the amount to any one of the ten (10)applicants. Page 53 Board Minutes June 24, 1997 General Manger Pandy responded that the$5,000 the BWL is allocating to the program is extended as a homeownership incentive in the form of compensation. One fifth of that amount is forgiven each year for five(5) years. Consequently, if$5,000 is allocated to someone moving into one of the targeted community development areas, $1,000 of the$5,000 is forgiven each year or treated as compensation. The match comes from the Local Initiatives Support Corporation(LISC); given to the same individual who received the first$5,000 as money for rehabilitation of the targeted house for remodeling, restoration and fix up in the form of a low interest loan, to be repaid to LISC. In summary, the$5,000 the BWL allocates is a forgivable grant, and the other$5,000 is a loan that must be repaid. Resolution 97-6-7 was adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle,O'Leary,Royal, Werbelow NAYS: None ABSENT: None MOTION: Moved by Commissioner Werbelow, seconded by Commissioner Royal, that the following described property pulled from the regular meeting agenda of May 20, 1997,be approved as presented: (Resolution 97-6-8) TO DECLARE CERTAIN PROPERTY ON WEXFORD ROAD AS SURPLUS It is recommended that: The following described property situated on Wexford Road,Lansing,be declared surplus and not required for Board of Water and Light Operations: A part of a parcel of land deeded to the Lansing Board of Water and Light(Said deed recorded in Liber 2158,Pages 408-409 of Ingham County Deeds),being described as follows: Beginning at a point that is on the East Line of Lot 20 of"Maple Grove Farms No. I",Liber 8,Page 24, Ingham County Plats, and said Point of Beginning being 68 feet North of the Southeast Lot Corner; thence Westerly along a line parallel to the South Line of Lot 20 300 feet; thence Southerly parallel to the East Line of Lots 20& 19 200 feet,more or less, to the South Line of Lot 19; thence Westerly along the South Line of Lot 19 402.7 feet, more or less,to the Southwest Corner of Lot 19; thence Northerly along the West Line of Lots 19, 20&21 396 feet, more or less,to the Northwest Comer of Lot 21;thence Easterly along the North Line of Lot 21603.9 feet, more or less,to a point that is 100 feet West of the East Line of Lot 21; thence Southerly parallel to the East Line of Lot 2162 feet; thence Westerly 28 feet;then Southerly parallel to the East Line of Lot 2170 feet, more or less,to the South Line of Lot 21,thence Easterly along the Lot Line 128 feet to the Southeast Corner of Lot 21;thence Southerly along the East Line of Lot 20 64 feet, more or less,to the Point of Beginning, containing 203,300 sq. ft. or 4.67 acres of land,more or less. Further that the General Manager and Corporate Secretary be authorized to enter into agreements to transfer jurisdiction of this property to the City of Lansing Planning and Neighborhood Development Department for disposal and future development, subject to the requirements of State Law, the Lansing City Charter and Codified Ordinances. Further any proceeds from this sale shall be deposited in the Joint City/BWL Economic Development Fund for funding projects in accordance with the purpose of the fund. Board Minutes Page 54 June 24, 1997 This parcel of property is part of a larger parcel purchased from the Michigan Department of Natural Resources for $50.00 in 1994. Approximately one acre is being retained for well site and transmission main installation. The remaining portion is not needed for utility purposes and can be made available for development in conjunction with other adjacent vacant properties. The City Planning and Neighborhood Development Department will be soliciting proposals for development and use of the property. Resolution 97-6-8 was adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle, O'Leary,Royal,Werbelow NAYS: None ABSENT: None NEW BUSINESS The Rotary Club Steam Clock. General Manger Pandy reported that groundbreaking for the steam clock in downtown Lansing is scheduled for June 27, 1997. The Rotary Club of Lansing(Rotary)is donating the steam clock to the City of Lansing. Insurance coverage will be assumed by the City,with premium reimbursement coming from Rotary. The working elements of the clock,i.e., steam whistles,chimes, and the musical and clockwork,will be maintained by Rotary through a contract with The Verdin Company. The BWL would provide necessary steam and electric service,and maintain the clock's external structure and steam piping and the electric wire and lamping against ordinary wear and tear,at its own cost. Mr.Pandy noted that this is a nice opportunity for the City and the BWL to come together with The Rotary Club to provide a nice enhancement to the City's downtown central business district. Mr.Pandy pointed out that that because he is a member of Rotary as are Commissioners O'Leary and Werbelow, he would prefer that the Board take action to authorize the BWL's involvement with the maintenance of certain portions of the project,which will be memorialized in an agreement among The Rotary Club,the City of Lansing, and the BWL. A copy of the agreement was available at the meeting for the Commissioners' perusal. A plaque honoring the BWL for its involvement will be one of four plaques on the clock. (Resolution 97-6-9) BWL TO MAINTAIN CERTAIN PORTIONS OF THE STEAM CLOCK MOTION: On motion of Commissioner Strolle, seconded by Commissioner Royal,the Board authorized the General Manager and Corporate Secretary to enter into agreement with The Rotary Club of Lansing and the City of Lansing for the steam clock project. Adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle,Royal NAYS: None ABSTAIN: O'Leary, Werbelow(did not participate in the discussion) ABSENT: None * a * r Page 55 Board Minutes June 24, 1997 GENERAL MANAGER'S REMARKS General Manager Joe Pandy reported on the following topics: Leased Railcar Utilization. Statistics indicate that the trainset being leased by the BWL over the past 12 months has realized BWL customers a savings of$201,560. These savings are expected to continue throughout the term of the 30-month lease agreement, dated May, 1996. Be A Tourist in Your Own Town. A letter of thanks from the Greater Lansing Convention&.Visitors Bureau was handed out for`Be A Tourist in Your Own Town"program. The BWL played a key role for that event held June 24, 1997. Open houses were held both at the Ottawa Power Plant and Dye Water Plant. Exhibits on Water safety and environmental compliance were on display for the public. Mr.Pandy expressed his appreciation to all employees who volunteered to work on this annual event. Developers Meet with GM on Ottawa Power Plant. The Ottawa Park Associates,Developers(OPAD)continue to meet with General Motors' (GM)Argonaut Worldwide Realty regarding a proposed GM training center at the Ottawa Power Plant. An announcement is expected on June 25. Mr.Pandy noted that if GM's decision is not positive, the Board will need to talk about options it may want to consider at the Committee of the Whole meeting on July 15, 1997. Temporary Leasing of Main Office Building 9th Floor Space. Interest has been expressed by a couple of City of Lansing departments and an independent engineering firm in leasing temporary space on the 9th floor of the BWL's 123 W. Ottawa Street office building. Mr. Pandy stated that if the BWL office building is sold,we would have 18 months to vacate the premise. A time limit of September 10, 1997, was imposed by the Board for the developer(Capitol Annex,L.L.C.)to secure a lease from the State of Michigan. REMARKS BY COMMISSIONERS Commissioner Christian asked for an update on the Lansing Lugnuts' past due utility account and what procedures the BWL is using in collections. Mr. Pandy briefed the Board on the nature of the dispute between the City of Lansing and the Lugnuts with respect to their agreement in actual utility consumption and who pays for what percentage of the total. The metering was not laid out to separately meter the various facilities. Negotiations between the City and the Lugnuts are continuing, however, a payment from Peter Sullivan, CEO of the Lansing Entertainment and Public Facilities Authority, is expected this week which will bring the account up to date. Mr.Pandy added that the BWL makes every effort to work out an acceptable payment plan with customers who are in arrears. Commissioner Pratt noted that in reviewing the BWL Performance Indicators for the period ending May 1997, the net income for Electric is down 37.84%. He asked for an explanation. General Manager Pandy reported that the BWL had a banner year last year, mostly on the strength of export sales. This year the BWL has had to go more toward market pricing for wholesale sales. Last year, the BWL had a predetermined contractual price for wholesale power that was above market. As the marketplaces have become more competitive,the BWL has had to lower its prices in order to sell surplus wholesale power.. Board Minutes Page 56 June 24, 1997 PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES No excused absences. ADJOURNMENT There being no further business, the Board adjourned at 6:23 p.m. • S Mary E. S Secretary Filed: June 26, 1997 Marilynn Slade, City Clerk Board Minutes Page 43 May 20, 1997 WHEREAS,Having spent nearly thirty years address �p development issues at the state level,Bill Lontz retired from the Michigan Department of Commerce i15.`Toughout his tenure as a public servant, he was instrumental in coordinating many large-scale; . gets vck� ,��a Motors'Poletown Plant in Hamtramck, Mazda's Flatrock Plant and the Chrysler Jeffer PIT frldrit'.' 44eceived many honors in community planning for his work across the state, inclu ant of the Year. He also found time to teach many courses in urban issues and resource development at Mic gan tate University, and served as Director of the Peace Corp in Western Samoa. He continued his involvement in project development and community planning through his consulting business up to the time of his death; now,therefore,be it RESOLVED, The Board of Water and Light Commissioners hereby officially honors and salutes the life, leadership and achievements of William D.Lontz. RESOLVED FURTHER, It is with great respect for his contributions to this public power utility that we extend this expression of our condolences to his wife,Rita,their son,Marty,their daughter,Marci, and his mother, Mildred. Adopted unanimously. GENERAL MANAGER'S REMARKS General Manager Joe Pandy reported on the following topics: Share the Success. The Share the Success year-to-date performance through the month of April is at 353 points out of a possible 500,which equates to an estimated gross financial impact of$1,808,023. The Share the Success payment on that basis would be$1,254,666 for a net savings to our customers of$553,357. Monthly updates will continue to be provided. BWL v. USF&G. The BWL has settled with the U. S.Fidelity and Guaranty(USF&G)Insurance Company over the Oakwood transformer explosion incident which occurred in 1987. A settlement of$385,000 is to be paid to the BWL. Estimated recoverable damages were determined to be approximately$185,000, although the suit was for a higher amount of approximately$387,000. The law firm of Willingham, Cote took this case on a contingency basis; consequently,they will receive one-third of the net recovery, minus attorney's fees. Thus,BWL will receive $288,752.41,which is the net recovery after deducting costs and expenses associated with the prosecution of the lawsuit. Mr. Pandy congratulated Willingham, Cote and Staff Attorney Larry Wilhite for managing the case to a successful conclusion. Local Initiative Support Corporation(LISC). The BWL was among the partners listed in the Lansing LISC brochure, consisting of 13 firms that kicked off the LISC fund raising campaign with$400,000 for development of homes in Lansing neighborhoods. Meetings on Electric Deregulation. General Manager Pandy reported that a positive meeting was held with Representative Dennis Olshove who chairs the legislative effort on deregulation. Commissioners Royal and Strolle and Electric System Control Director Bill Cook also took part in the discussions on deregulation. Mr. Pandy noted that Representative Olshove seemed interested in proceeding with caution. Mr. Pandy also reported that he and Bill Cook participated in a presentation at the Michigan Manufacturers Association on May 16. A representative from CMS Energy was the main speaker on the benefits of deregulation. The BWL was given a five-minute opportunity to present its position on this issue. Mr. Pandy noted that among those present in the audience were many BWL customers who spoke in support of the BWL as a local utility. Oldsmobile Classic. A schedule of events for the Oldsmobile Classic to be held June 2-8, 1997,at Walnut Hills Country Club was handed out. The BWL as a bronze sponsor,will have a supply available of single day tickets, Page 44 Board Minutes May 20, 1997 club house passes and parking passes. Mr. Pandy encouraged all to participate in this worthwhile community event. Proceeds benefit the Oldsmobile Classic Youth Charities Fund. REMARKS BY COMMISSIONERS Commissioner Christian commented that after hearing the memorial resolution read for the late Commissioner Bill Lontz, it occurred to him that it is important for the Board of Commissioners to have a picture taken annually for archival purposes. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES On motion by Commissioner Strolle, seconded by Commissioner Christian,to excuse Commissioner Graves from tonight's proceedings. Carried unanimously. ADJOURNMENT There being no further business,the Board adjourned at 7:45 p.m. (/� 4VA, Mary E. So ,'Secretary Filed: May 27, 1997 Marilynn Slade, City Clerk Page 31 MII UTES OF BOARD OF COMMISSIONERS' MEETING 3 .ANSING BOARD OF WATER AND LIGHT Li i'diir'YU CITY CLERK Tuesday,May 20, 1997 The Board of Commissioners met in rescheduled regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman O'Leary. Present: Commissioners Christian,O'Leary,Pratt,Royal, Strolle and Werbelow. Absent: Commissioner Graves. The Secretary declared a quorum present. The invocation was delivered by Chairman O'Leary. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES On motion of Commissioner Strolle and seconded by Commissioner Christian, that the minutes of rescheduled regular meeting of April 29, 1997,be adopted as filed. Commissioner Werbelow expressed concern with the wording of Resolution 97-4-3 relative to the Board of Water and Light Home Ownership Program for Employees. He indicated that the wording seems too restrictive in carrying out the program and that at some point in time it could commit the management to the documents that were delivered prior to the April 29, 1997 Board meeting. He would like to at least open the opportunity to amend the resolution. His sense was that the Board was adopting a policy and asking the General Manager and staff to carry it out. Following discussion, Commissioner Werbelow moved,and seconded by Commissioner O'Leary, to amend the motion to approve the minutes with the understanding that Resolution 97-4-3 is subject to review for possible amendments. The motion as amended was carried unanimously. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING. Gary Granger, representing Capitol Annex,L.L.C., presented an update to the Board on the status of the purchase of the Board of Water and Light office building at 123 W. Ottawa Street and associated parking lot at 220 N. Capitol Avenue. He reported that discussions with the legislative leadership involved in the decision process continue in a positive fashion and that the deal could come together just before the end of the summer session or soon afterwards. Mr. Granger requested an extension of 120 days from this date in order to further their efforts in securing a lease commitment from the State of Michigan for legislative purposes. Mr. Granger noted that timing plays an important role in the decision process due to key issues currently before the legislature. Page 32 Board Minutes May 20, 1997 Commissioner Christian stated that he would like to see a document indicating that negotiations with the legislature are proceeding with a closure in sight for the immediate future. Commissioner Werbelow commented that he does not like to raise any levels of expectation that something is going to happen with the main office building. He stated that the purchase deal may happen or it may not.He further stated that knowing what the practicalities of the situation are,he is content to hear Capitol Annex is still working on the transaction and would be satisfied to let it lie at that. He expressed concern that by action of this Board, the initial agreement between the Board of Water and Light and Capitol Annex,L.L.C.,dated March 28, 1995, as amended,which expired on June 30, 1996,would be resurrected. He stated if an extension of time is going to be given,he would prefer to see that agreement re-evaluated and re-negotiated. Commissioner Strolle commented that he would like to see something more concrete which shows negotiations are further ahead this month than the last couple of months. Chairman O'Leary stated that he felt a time frame should be placed for a decision from the legislature, particularly in light of upcoming elections. Following lengthy discussion, Commissioner Strolle moved, seconded by Commissioner Pratt: RESOLVED, That subject to review of the original agreement with Capitol Annex,L.L.C., dated March 28, 1995, as amended,and terminated on June 30, 1996, relative to the sale of the Board of Water and Light Ottawa Street Office Building and associated parking lot,the time for securing a lease from the State of Michigan is hereby extended until September 10, 1997. This date coincides with the expiration date set by the Lansing City Council by Resolution 105, adopted March 10,1297. Adopted by the following vote: YEAS: Christian,Pratt, Strolle, O'Leary, Royal NAYS: Werbelow ABSENT: Graves Michael Markey, consultant to J&L Investment Company,L.L.C.,Lansing, requested that Resolution 97-5-1 on the agenda(General Manager's Recommendations)relative to transferring jurisdiction of excess property owned by the Board of Water and Light(B WL)on Wexford Road to the City of Lansing Planning and Neighborhood Development Department be pulled from the agenda. He requested to meet with the appropriate BWL staff members prior to the next Board meeting to work out some latent title defects on the property. Following discussion,the Board agreed to pull this item from the agenda pending further review by staff and Mr. Markey. This item will be placed back on the agenda for the next Board meeting. COMMUNICATIONS AND PETITIONS No communications received. Board Minutes Page 33 May 20, 1997 COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on May 20, 1997, to discuss the following items: 1. EEO Report 2. Fiscal Year 1997-98 Budget 3. Ottawa Station Development Project 4. Dimondale Dam 5. Public Hearing Date for Rate Amendments Present were Commissioners Christian,O'Leary,Pratt,Royal, Strolle, and Werbelow. Absent was Commissioner Graves. EEO Report. Kay Porter,Employee Resource Administrator, presented an analysis of Board of Water and Light EEO(Equal Employment Opportunity)statistics as compared to the average for the Tri-County Area. The various classifications were reviewed,which indicated a BWL total average of 18.8% minority employees as compared to the Tri-County area's total average of 11.8%and an average of 24.4%female employees as compared to the Tri- County's total average of 47.2%. Fiscal Year 1998 Budget. Treasurer/Controller Dana Tousley presented details on the proposed Fiscal 1998 budget, as revised,including the Projected Income Statement and cash flow forecast by utility. The proposed Operations and Maintenance(O&M) budget is 2.4%higher as compared to the Fiscal 1997 budget. Copies of the revised documents are being mailed to the Commissioners for their records. Resolution 95-5-11 Fiscal Year 1998 Budget RESOLVED,That the annual budget covering Fiscal 1997-98 as revised and presented be approved(see Attachment 1). FURTHER RESOLVED, That capital projects be authorized in the amount of the project estimate. Capital expenditures for Fiscal 1997-98 are limited to the amount included in the budget. Resolution 97-5-12 Budget Policy RESOLVED, That the attached budget policy(Attachment II)be adopted. FURTHER RESOLVED, That this policy be reviewed by the Commissioners annually to determine its application to the upcoming fiscal year. This review should take place in November or December each year. Ottawa Station Development Proiect. General Manager Joe Pandy reported that a productive meeting was held on May 14, 1997, with General Motors' (GM)Argonaut Worldwide Realty and Ottawa Park Associates, Developers relative to GM's Small Car Group's Education Development Center. Their space requirements of 70,000 sq. ft. were reviewed. GM has requested a formal proposal from OPAD based on a ten-year lease with ten- year renewals,for that space by June 2, 1997. GM has indicated that if that were done,they would need the month of June to take the proposal through the corporation for a decision point by June 30, 1997. The question was raised as to whether or not a deadline date should be set for the developers to bring the project with GM to closure. Following discussion,the following motion was presented for Board approval: Page 34 Board Minutes May 20, 1997 Resolution 95-5-13 Ottawa Station Proiect Negotiation Deadline RESOLVED,That a definitive proposal be requested from Ottawa Park Associates,Developers(OPAD)no later than June 30, 1997. If a firm decision is not made by that date, the Board will entertain other proposals in attempt to work with other developers,while at the same time OPAD would have the right to continue to bring their project negotiations to closure. Dimondale Dam. General Manager Pandy reported that a meeting was held May 19, 1997,with Village of Dimondale officials and residents. Officials and the residents would prefer to have the BWL rubble the dam below the water line so that it would not appear as an eye sore above the water level,but it would not be totally removed, thereby significantly altering the water level that exists above the dam presently. The BWL has agreed to develop alternate designs and cost estimates to present to Dimondale on June 16. Of the two concepts presented, Dimondale officials preferred Concept"B"wherein the Village would pay the BWL a market value for the properties they want to acquire, and the BWL in turn would reimburse the Village approximately 95%of the market value to be applied toward the Village Recreation Development/Plan. That methodology would allow them to include part of the cost into a larger grant application with the Michigan Department of Natural Resources (DNR)and the Michigan Department of Environmental Quality(DEQ). Consensus was reached between the BWL and the Village to work collaboratively to develop a plan for the dam for grant consideration. Staff will be bringing proposed designs and cost estimates to the next Committee of the Whole meeting in June for review prior to meeting with Village of Dimondale officials. Rate Amendments. A public hearing date to receive input on removing ratchet clauses from Electric rates 4, 5, 8 and 10 and other customer focused amendments to water rates was set for July 15, 1997. (See General Manager's Recommendations-Resolution 97-5-4.) Respectfully submitted, John Strolle, Chair Pro Tern COMMITTEE OF THE WHOLE On motion of Commissioner Strolle, and seconded by Commissioner Christian,the Committee of the Whole Report and Resolutions 95-5-11 (Fiscal Year 1998 Budget), 95-5-12 (Budget Policy), and 95-5-13 (Ottawa Station Negotiation Deadline)was approved as presented. Adopted by the following vote: YEAS: Christian,Pratt,Royal, Strolle,O'Leary,Royal, Werbelow NAYS: None ABSENT: Graves Board Minutes Page 35 May 20, 1997 GENERAL MANAGER'S RECOMMENDATIONS THE FOLLOWING ITEM WAS PULLED FROM TIE AGENDA: CORPORATE PLANNING Res. No. 97-5-1 It is recommended that: The following described property situated on Wexford Road,Lansing, be declared surplus and not required for Board of Water and Light Operations: A part of a parcel of land deeded to the Lansing Board of Water and Light �3u lit A (Said deed recorded in Liber 2158, Pages 408-409 of Ingham County Deeds), y�(dfi �qC n being described as follows: Beginning at a point that is on the East Line of Lot 'Ifm J 20 of"Maple Grove Farms No. 1",Liber 8,Page 24, Ingham County Plats,and Q said Point of Beginning being 68 feet North of the Southeast Lot Corner, thence Westerly along a line parallel to the South Line of Lot 20 300 feet; thence Southerly parallel to the East Line of Lots 20& 19 200 feet, more or less,to the South Line of Lot 19;thence Westerly along the South Line of Lot 19 402.7 feet, more or less, to the Southwest Corner of Lot 19; thence Northerly along the West Line of Lots 19, 20&21 396 feet,more or less, to the Northwest Corner of Lot 21; thence Easterly along the North Line of Lot 21 603.9 feet, more or less, to a point that is 100 feet West of the East Line of Lot 21; thence Southerly parallel to the East Line of Lot 2162 feet; thence Westerly 28 feet;then Southerly-parallel to the East Line of Lot 2170 feet, more or less, to the South Line of Lot 21,thence Easterly along the Lot Line 128 feet to the Southeast Comer of Lot 21; thence Southerly along the East Line of Lot 20 64 feet,more or less, to the Point of Beginning,containing 203,300 sq.ft. or 4.67 acres of land, more or less. Further that the General Manager and Corporate Secretary be authorized to enter into agreements to transfer jurisdiction of this property to the City of Lansing Planning and Neighborhood Development Department for disposal and future development, subject to the requirements of State Law, the Lansing City Charter and Codified Ordinances. Further any proceeds from this sale shall be deposited in the Joint City/BWL Economic Development Fund for funding projects in accordance with the purpose of the fund. This parcel of property is part of a larger parcel purchased from the Michigan Department of Natural Resources for $50.00 in 1994. Approximately one acre is being retained for well site and transmission main installation. The remaining portion is not needed for utility purposes and can be made available for development in conjunction with other adjacent vacant properties. The City Planning and Neighborhood Development Department will be soliciting proposals for development and use of the property. RESOLUTION 97-5-1 WAS PULLED FROM THE AGENDA PENDING STAFF REVIEW. Page 36 Board Minutes May 20, 1997 ELECTRIC PRODUCTION/TECHNICAL SERVICES DIVISIONS Rea No. 97-5-2 It is recommended that a contract be awarded to Environmental Elements Corporation in the amount of $6,544,500.00 for the installation of a new precipitator at the Erickson Station. This recommendation is based on Environmental Elements Corporation providing the best overall evaluated bid to complete the installation. Other bidders are as follows: 1. GE Environmental Systems-$6,463,236.00 2. Wheelabrator Air Pollution Control-$6,685,755.00 3. Research-Cottrell-$8,498,000.00 Project Background: The existing precipitator at the Erickson Station has essentially reached the end of its life cycle and is recommended for replacement. The existing condition and recommendations for replacement were confirmed by a "Particulate Removal Equipment Study" completed for the BWL by Stone&Webster in July of 1996. The proposal received by Environmental Elements Corporation(EEC)offered the largest gas collection area, lowest emissions/opacity guarantees and best overall installation experience. Although EEC was not the lowest cost bidder,their larger precipitator provides the lowest overall cost per square foot of gas collection area,which provides the BWL the best over all protection against more stringent air quality regulations in the future. The EEC proposal also includes a 50150 partnering agreement for potential savings in the construction costs which could offset the higher bid price. The services of Stone&Webster were utilized for both the technical specification and bid evaluation and their analysis supported this overall recommendation. General Manager Pandy disclosed that GE and Wheelabrator have challenged the selection of Environmental Elements Corporation(EEC). He reported that engineering staff conducted a very thorough evaluation of the precipitator bids for Unit#1 Erickson Station,with assistance from Stone&Webster consulting engineers,and determined that EEC was the best evaluated bid,although slightly higher than GE Environmental Systems'bid. Mr. Pandy pointed out that while the BWL is paying more on this contract,EEC was the best evaluated bid based on the best price per square foot of available gas collection area in the precipitator. He stated that with future plans to bum Western fuels,a larger precipitator would be the best choice. He further stated that he believes this bid was handled in a fair, appropriate manner with all bidders having the same information and that staff has no reason to pause or withdraw its recommendation. Following a lengthy question and answer period, Commissioner Strolle moved,and seconded by Commissioner Christian,to approve Resolution No. 97-5-2. Adopted by the following vote: YEAS: Christian,Pratt, Strolle,O'Leary, Royal, Werbelow NAYS: None ABSENT: Graves Board Minutes Page 37 .\Iay 20, 1997 TREASURER/CONTROLLER Res. No. 97-5-3 Deferred Capital Charge Payment Plan Whereas, all three utilities,based upon numerous customer requests, have expressed a desire to defer payment of customer capital charges required by the BWL to provide service, and, Whereas, the high cost of service installations is an issue in extending and providing service in areas not served by the BWL, and, Whereas, deferred payment of capital charges is becoming a standard industry practice and the BWL needs to remain competitive and customer friendly for new customers to choose the BWL as their utility. THEREFORE BE IT RESOLVED,that this resolution authorizes the General Manager to establish procedures to implement a deferred capital charges payment plan. The plan will allow deferral of required capital charges for service installations, main or line extensions,or customer equipment. The terms and conditions of a contract with a customer to defer payment of required capital charges are as follows: Term: Contract required to take BWL service for at least the term of the deferment,longer if there are other services requested. The term may be up to three(3)years. If property ownership changes during the term of the contract,then the unpaid balance plus accrued interest is due and payable immediately. Monthly deferred capital payments are in addition to the normal utility billing. Rate: Prime Rate, reset annually each July 1,based on prime rate published in The Wall Street Journal for the last market day in June eaclryear. The prime rate is currently 8.5%. Availability: All retail customers are eligible. Security: In the event of default,the BWL will use normal collection procedures,up to and including a mechanics lien or applied to the tax roll, if applicable. The Board of Commissioners must specifically approve contracts with exceptions to these terms. On motion of Commissioner Strolle, seconded by Commissioner Christian,Resolution 97-5-5 was adopted by the following vote: YEAS: Christian,Pratt, Strolle,O'Leary,Royal, Vie below NAYS: None ABSENT: Graves Res. No. 97-54 Ratchet Clauses Eliminated Whereas, BWL bond counsel have opined that ratchet clauses in rate tariffs may be interpreted as minimum charges, and, Whereas, "ratchet" clauses are in BWL rates to discourage large customers from sudden shifts in electric usage and to penalize large customers when a large shift occurs, and, Whereas, the annual revenue from ratchet clauses is less than$167,000,and, Page 38 Board Minutes May 20, 1997 Whereas,Electric rates 4(Large General), 5 (Primary, 8 (Large Capacity), &10 (Process Heating)contain ratchet clauses, and, Whereas,the operational need for a penalty to encourage large customers to maintain a consistent load factor is no longer present, nor is it customer friendly. THEREFORE BE IT RESOLVED,that a public hearing be set for Tuesday, July 15, 1997, to receive public input on removing the ratchet clauses from the above four electric rates. On motion by Commissioner Strolle and seconded by Commissioner Christian,Resolution 97-5-4 was adopted by the following vote: YEAS: Christian,Pratt, Strolle,O'Leary,Royal,Werbelow NAYS: None ABSENT: Graves WATER Res.No.97-5-5 That the Board agree to serve water to proposed Water District No. 126,Delhi Township,as requested by resolution of the Delhi Charter Township Board on May 6, 1997,and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 126 established by Township resolution and will provide a potable water supply to said district. 2. The Township will be required to make a$64,005.00 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement CXXVI)covering the furnishing of a potable water supply in Water District No. 126. 4. Watermains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further,that upon receipt of the sum of$64,005.00 from the Township, the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement (Supplement CXXVI)to furnish a potable water supply in Water District No. 126. The geographical area of Water District No. 126 is as follows: Moorwood Farms Subdivision,Phase 3,Lots 54 through 101. Board Minutes Page 39 May 20, 1997 To provide a potable water supply with the proposed new district requires the installation of 2,510 feet of watermain and fire hydrants at an estimated cost of$64,005.00. The main extension will serve forty-eight(48) residential customers. A one-time connection fee will amount to$45,264.00. The estimated annual revenue is $16,320.00. Watermains to be installed in summer of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. Res. No.97-5-6 RESOLVED,That the Board agree to serve water to proposed Water District No. 127,Delhi Township,as requested by resolution of the Delhi Charter Township Board on May 6, 1997, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 127 established by Township resolution and will provide a potable water supply to said district. 2. The Township will be required to make a$28,305.00 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement CXXVII)covering the fumishing of a potable water supply in Water District No. 127. 4. Watermains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$28,305.00 from the Township, the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement (Supplement CXXVII)to furnish a potable water supply in Water District No. 127. The geographical area of Water District No. 127 is as follows: Centennial Farms Site Condominiums,Phase 2, Lots 23 through 44. To provide a potable water supply with the proposed new district requires the installation of 1,110 feet of watermain and fire hydrants at an estimated cost of$28,305.00. The main extension will serve twenty-two(22) residential customers. A one-time connection fee will amount to$20.746.00. The estimated annual revenue is $7,480.00. Watermains to be installed in summer of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. Res.No. 97-5-7 RESOLVED,That the Board agree to serve water to proposed Water District No. 128,Delhi Township,as requested by resolution of the Delhi Charter Township Board on April 29, 1997, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: Page 40 Board Minutes May 20, 1997 1. The Board will accept Water District No. 128 established by Township resolution and will provide a potable water supply to said district. 2. The Township will be required to make a$100,826.00 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement CXXVUI)covering the furnishing of a potable water supply in Water District No. 128. 4. Watermains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further,that upon receipt of the sum of$100,826.00 from the Township,the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement (Supplement CXXVHI)to furnish a potable water supply in Water District No. 128. The geographical area of Water District No. 128 is as follows: Hunters Glen Planned Unit Development,Phase 1, 2 and 3,Lots 1 through 45. To provide a potable water supply with the proposed new district requires the installation of 3,340 feet of watermain and fire hydrants and 905 feet of road frontage payback to BWL at an estimated cost of$116,951.00. Delhi Township acknowledges the portion of$100,826.00 of the cost of said project. Due to required watermain oversizing,BWL's oversizing cost will be$16,125.00. The main extension will serve forty-five(45) residential customers. A one-time connection fee will amount to$42,435.00. The estimated annual revenue is$15,300.00. Watermains to be installed in summer of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. Res. No. 97-5-8 RESOLVED, That the Board agree to serve water to proposed Water District No. 129,Delhi Township,as requested by resolution of the Delhi Charter Township Board on April 15, 1997, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972,covering the furnishing of a potable water supply in Delhi Township,the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 129 established by Township resolution and will provide a potable water supply to said district. 2. The Township will be required to make a$24,862.50 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement CXXDQ covering the furnishing of a potable water supply in Water District No. 129. 4. Watermains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Board Minutes Page 41 May 20, 1997 Further, that upon receipt of the sum of$24,862.50 from the Township,the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement (Supplement C,CKIX)to furnish a potable water supply in Water District No. 129. The geographical area of Water District No. 129 is as follows: Chisholm Hills Estates No. 2,Lots 21 through 42. To provide a potable water supply with the proposed new district requires the installation of 975 feet of watermain and fire hydrants at an estimated cost of$24,862.50. The main extension will serve twenty-two(22) residential customers. A one-time connection fee will amount to$20,746.00. The estimated annual revenue is$7,480.00. Watermains to be installed in summer of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. Res. No. 97-5-9 That the Board agree to rescind and replace proposed Water District No. 3, Watertown Township, as requested by resolution of the Watertown Charter Township Board on October 11, 1993 with the request as dated May 9, 1997, and that in accordance with the agreement between the Board and the Charter Township of Watertown dated November 25, 1986, covering the furnishing of a potable water supply in Watertown Township,the Board advises officials of Watertown Township as follows: 1. The Board will accept Water District No. 3 established by Township resolution on May 19, 1997 and will provide a potable water supply to said district. 2. The Township will be required to make a$5,864.00 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Rules and Regulations for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement III)covering the furnishing of a potable water supply in Water District No. 3. 4. Watermains are to be installed in accordance with the current Board's Rules and Regulations for Water Service. Further,that upon receipt of the sum of$5,865.00 from the Township, the project be approved for installation. and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement Supplement III)to furnish a potable water supply in Water District No. 3. The geographical area of Water District No. 3 is as follows: Grove Road-Extending existing watermain 300 feet north to State Road. To provide a potable water supply within the proposed new district requires the installation of 300 fee of 12" watermain at an estimated cot of$11,900.00. The main extension will serve two(2)industrial customers. One-time connection fees will amount to$1,886.00. Estimated annual revenue is$725.00. Watermains to be installed in Summer/Fall of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. Page 42 Board Minutes May 20, 1997 Res. No.97-5-10 RESOLVED,That the Board approve a revision to Water Utility Policies for Water System Extensions and Customer Service Installations as recommended in Attachment III. This revision will improve our flexibility in providing service to Water Utility customers and improves the ability of the Water Utility to be successful in providing service in developed areas. The recommended changes are necessary and compatible with the proposed policy for recovery of retail water service installation fees and charges. On motion by Commissioner Strolle and seconded by Commissioner Christian,Resolution Nos. 97-5-5, 97-5-6, 97- 5-7, 97-5-8, 97-5-9,and 97-5-10 were adopted by the following vote: YEAS: Christian, Pratt, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: Graves UNFINISHED BUSINESS No unfinished business. NEW BUSINESS Chairman O'Leary appointed the following Commissioners to the Nominating Committee for Board officers: Commissioners Christian(Chair), Pratt, and Werbelow. Their work will begin once the Mayor announces the Board appointments, subject to City Council confirmation. RESOLUTIONS MEMORIAL TRIBUTE TO WILLIAM D.LONTZ WHEREAS,The members of the Board of Commissioners wish to express their sadness over the loss of Commissioner William D. Lontz("Bill")on April 24, 1997, at the age of sixty. Bill Lontz was appointed Board of Water and Light Commissioner on July 1, 1994. He served on the Finance Committee and also exercised a leadership role as the Board's Chair Pro Tem;and WHEREAS,Bill Lontz was a powerful advocate for economic development issues, and made numerous contributions to the people of this community and state that will long endure; and WHEREAS,Bill Lontz was a man of vision and conviction with genuine concern for community-related issues and their relationship to economic development. He touched people with his wonderful sense of humor and kind, gentle manner. His intelligence, integrity and sincerity leaves a mark on this Board that will be felt for years to come;and Board Minutes Page 43 May 20, 1997 WHEREAS,Having spent nearly thirty years addressing economic development issues at the state level,Bill Lontz retired from the Michigan Department of Commerce in 1995. Throughout his tenure as a public servant, he was instrumental in coordinating many large-scale projects such as General Motors' Poletown Plant in Hamtramck, Mazda's Flatrock Plant and the Chrysler Jefferson Avenue Plant. He received many honors in community planning for his work across the state,including the 1986 Public Servant of the Year. He also found time to teach many courses in urban issues and resource development at Michigan State University,and served as Director of the Peace Corp in Western Samoa. He continued his involvement in project development and community planning through his consulting business up to the time of his death; now,therefore,be it RESOLVED,The Board of Water and Light Commissioners hereby officially honors and salutes the life, leadership and achievements of William D. Lontz. RESOLVED FURTHER,It is with great respect for his contributions to this public power utility that we extend this expression of our condolences to his wife,Rita,their son,Marty, their daughter,Marci, and his mother, Mildred. Adopted unanimously. GENERAL MANAGER'S REMARKS General Manager Joe Pandy reported on the following topics: Share the Success. The Share the Success year-to-date performance through the month of April is at 353 points out of a possible 500,which equates to an estimated gross financial impact of$1,808,023. The Share the Success payment on that basis would be$2,254,666 for a net savings to our customers of$553,357. Monthly updates will continue to be provided. BWL v. USF&G. The BWL has settled with the U. S.Fidelity and Guaranty(USF&cG)Insurance Company over the Oakwood transformer explosion incident which occurred in 1987. A settlement of$385,000 is to be paid to the BWL. Estimated recoverable damages were determined to be approximately$185,000,although the suit was for a higher amount of approximately$387,000. The law firm of Willingham, Cote took this case on a contingency basis;consequently, they will receive one-third of the net recovery,minus attorney's fees. Thus,BWL will receive $288,752.41,which is the net recovery after deducting costs and expenses associated with the prosecution of the lawsuit. Mr. Pandy congratulated Willingham, Cote and Staff Attorney Larry Wilhite for managing the case to a successful conclusion. Local Initiative Support Corporation (LISC). The BWL was among the partners listed in the Lansing LISC brochure, consisting of 13 firms that kicked off the LISC fund raising campaign with$400,000 for development of homes in Lansing neighborhoods. Meetings on Electric Deregulation. General Manager Pandy reported that a positive meeting was held with Representative Dennis Olshove who chairs the legislative effort on deregulation. Commissioners Royal and Strolle and Electric System Control Director Bill Cook also took part in the discussions on deregulation. Mr.Pandy noted that Representative Olshove seemed interested in proceeding with caution. Mr. Pandy also reported that he and Bill Cook participated in a presentation at the Michigan Manufacturers Association on May 16. A representative from CMS Energy was the main speaker on the benefits of deregulation. The BWL was given a five-minute opportunity to present its position on this issue. Mr. Pandy noted that among those present in the audience were many BWL customers who spoke in support of the BWL as a local utility. Oldsmobile Classic. A schedule of events for the Oldsmobile Classic to be held June 2-8, 1997,at Walnut Hills Country Club was handed out. The BWL as a bronze sponsor,will have a supply available of single day tickets, Page 44 Board Minutes May 20, 1997 club house passes and parking passes. Mr. Pandy encouraged all to participate in this worthwhile community event. Proceeds benefit the Oldsmobile Classic Youth Charities Fund. REMARKS BY COMMISSIONERS Commissioner Christian commented that after hearing the memorial resolution read for the late Commissioner Bill Lontz, it occurred to him that it is important for the Board of Commissioners to have a picture taken annually for archival purposes. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES On motion by Commissioner Strolle,seconded by Commissioner Christian, to excuse Commissioner Graves from tonight's proceedings. Carried unanimously. ADJOURNMENT There being no further business,the Board adjourned at 7:45 p.m. May E. Secretary Filed. A.1Gry 27, 1997 Marilynn Slade,City Clerk ATTACHMENT I BOARD OF WATER AND LIGHT-LANSING MICHIGAN (Page or BUDGET FISCAL YEAR ENDING JUNE 30, 1998 WATER ELECTRIC STEAM TOTAL PROJECTED INCOME STATEMENT FY 98 OPERATING REVENUE [1] 16,214,823 141,197,912 15,866,959 173,279,694 Operation/Maint Expense 11,488,057 114,287,831 12,460,468 138,236,356 Depreciation Expense 18,365,000 TOTAL OPERATING EXPENSE 156,601,356 OPERATING INCOME 16,678,338 Other Income [2] 5,757,727 Other Expense [3] 2,450,727 NET INCOME 19,985,338 NET INCOME AFTER CITY PAYMENT 13,504,618 RATE OF RETURN-3/97 RATE BASE 4.60% PROJECTED CASH FLOW FY 98 Restricted Operating Cash 21,156,500 Restricted General Cash 16,500,000 Special Project/Const Cash 21,100,000 BEGINNING CASH 7-1-97 [4] 58,756,500 Sources of Cash Net Income 19,985,338 Depreciation 18,365,000 TOTAL SOURCES OF CASH 38,350,338 SOURCES OF CASH + BEG. CASH 97,106,838 Uses of Cash Debt Principal [5] 2,392,957 Capital Expenditures [6] 29,307,000 Payment to City 6,480,720 TOTAL USES OF CASH 38,180,677 Restricted Operating Cash 17,279,545 Restricted General Cash 17,160,000 Special Project/Const Cash 24,4861616 ENDING CASH 6-30-98 58,926,161 ATTACHMENT I (page 2 or 4) BOARD OF WATER AND LIGHT - BUDGET FOOTNOTES FISCAL YEAR ENDING JUNE 30, 1998 [1] Revenue based on sales forecast for water (9,254,000 ccf), electric (2,546,600 mwh) and Steam (2,410,898 mlb). These sales levels are 0.2% lower, 2.6% lower (resale sales), and 66.6% higher (GM Plant 6) respectively than the twelve month period ended December 1996. There are no rate changes anticipated, other than the removal of electric ratchet clauses, included in the budget revenues. [2] Other Income includes earnings on short term securities, water sewerage collection fees and electric interest income on steam debt to electric. [3] Other Expense includes interest on the 1989 and 1994 Revenue Bonds, pension debt, Michigan Ash building at Erickson, steam interest expense of steam debt to Electric, and customer deposits. [4] Projected June 30, 1997 Restricted Operating Cash balances Operations and Maint. Fund $20,716,500 Bond and Interest Fund 440,000 Total Restricted Operating Cash $21,156,500 Projected June 30, 1997 Restricted General Cash balances Coal Buildup $ 3,600,000 Water Facilities 3,000,000 Uninsured Losses 9,900,000 Total Restricted General Cash $16,500,000 [5] Debt repayment includes principal payment for the 1989 and 1994 Revenue Bonds, pension debt, Michigan Ash building at Erickson and the electric loan to steam. [6] Capital expenditures represent total amounts estimated for all Annual Capital Additions, Planned Capital Projects, and Bond Projects during Fiscal Year 1998 ATTACHMENT I (Page 3 or 4) BOARD OF WATER&LIGHT-I.ANSING,MICHIGAN BUDGET FOR FISCAL YEAR ENDING JUNE 30,1998 DIVISION SUMMARY-OPERATIONS&MAINTENANCE EXPENSE Restated for Budget Comparison Vehicle& Material Production Outside Expenses Net Equipment & Fuels/Chem. Services to be Labor/1/ Charges Supplies Purch Power &Other 0 Total Water Electric Steam Distributed Total ADMINISTRATIVE 980,501 1,000 63,466 0 17,616,299 18,661,266 50,018 731,474 40,530 17,839,244 18,661,266 ELECTRIC UTILITY 16,036,777 597,231 3,032,967 70,117,568 4,194,362 93,978,905 0 93,689,452 0 289,453 93,978,905 WATER UTILITY 3,699,308 183,079 479,920 2,831,702 1,084,280 8,278,289 8,278,289 0 0 0 8,278,289 STEAM UTILITY 2,346,781 53,800 427,600 6,835,789 2,264,149 11,928,119 0 0 11,928,119 0 11,928,119 TECHNICAL SERVICES 3,334,955 67,739 774,038 0 1,600,454 5,777,186 0 0 0 5,777,186 5,777,186 HUMAN RESOURCES 467.058 0 66,950 0 270,375 804,383 0 0 0 804,383 804,383 CORPORATE PLANNING 166,644 0 9,000 0 25,300 200,944 0 0 0 200,944 200,944 COMMUNICATION 157,735 0 88,016 0 368.586 614,337 0 9,800 0 604,537 614,337 TREASURER/CONTROLLER 1,951,344 71,358 45,151 0 263,916 2,331,769 0 0 0 2,331,769 2,331,769 CONSUMER SERVICES 4,190,686 112,255 123,094 0 869,935 5,295.970 223,668 313,809 39,500 4,718,993 5,295,970 GRAND TOTAL $33,331,789 $1,086,452 $5,110,202 $79.785,059 $28,557,656 $147,871.168 $8,551,975 $94,744,535 $12,008,149 $32,566,509 $147,871,168 Distributed Expenses: Spread to Water,Electric,&Steam/3/ 2,936,082 19,543,296 452,319 (22.931,697) 0 Vehicle and Equipment Charges/4/ 1 086 462 Indirect Costs Spread to Capital Budget/5/ (1,086,462) (1, , ) (8,548,350) (8,54848,35050) NET BUDGET BY UTILITY $11,488,057 $114,287,831 $12,460,468 $0 $138,236,356 ATTACHMENT I (Ppse 4 of 4) BOARD OF WATER AND LIGHT - DIVISION SUMMARY FOOTNOTES FISCAL YEAR ENDING JUNE 30, 1998 [1] Net Labor refers to the dollar amount of labor charged to operations and maintenance expense accounts. [2] Outside Services and Other include such items as insurance, pension funding, FICA, service engineers, maintenance contractors, consultants, utilities, travel and conference, dues and subscriptions. [3] Administrative, general, and engineering expenses are allocated to the Water, Electric, and Steam based on such factors as personnel, labor charges, fuel costs, and meters in service. [4] The cost of owning and operating vehicles is in RA 425 and in the grand total. Thus, vehicle charges must be subtracted from total charges to arrive at net operation and maintenance expense. This procedure complies with our normal accounting practice. [5] Indirect costs applied to capital projects represents overhead charged to fixed capital and credited to expense. Board Minutes May 20, 1997 ATTACHMENT II Budget Policy WHEREAS, the Lansing City Charter requires the Board of Water and Light to adopt an annual budget for the coming fiscal year(July through June)before June 1 each fiscal year, and WHEREAS,it is fiscally prudent and good management practice to prepare and use short term forecasts of operations,as well as, longer term forecasts of facilities and financial resources required,and WHEREAS,a budget provides fiscal guidelines for management to operate within and a tool for Commissioners to use when developing adequate rates for services or when monitoring management's performance. THEREFORE,BE IT RESOLVED,That: 1. Management will prepare an annual budget for the upcoming fiscal year for Commissioner review and approval before June 1 each fiscal year. 2. The budget documents will include projected sales, revenues, expenses and cash flow with appropriate explanations. 3. The General Manager is authorized to establish and implement budgeting procedures consistent with this policy and good financial practice. 4. The budget goal each fiscal year is to provide all services within the expected revenues and provide sufficient funds for future capital expenditures. However, if that is not the case,then management must present specific recommendations for rate changes,cost reductions,issuance of debt or other specific actions, prior to budget approval. 5. Approval of the budget authorizes the General Manager and management to expend funds up to the budget amount and pursuant to the Purchasing Policy. Approval authorizes capital projects at the amount of the project estimate,but limits total annual capital expenditures to the total amount included in the capital budget. 6. As business conditions warrant,the Commissioners may,from time to time,authorize adjustments to the approved budget. * * s Re: Resolution 97-5-10 ATTAC ENT III_ (Page 1 of 2) Recommended Changes to: Sec.12-8 Water Service Policies: Proposed revisions are indicated by: language to be added is shown underlined, language to be deleted is shown as s6Fi!Eeihfea-R4. M. Water System Extension Extension of the BWL's water distribution system may be required in order to serve a new customer in the water service area. In such cases the cost of the system extension will be paid by the customer requesting the service. The Water Utility may share in the cost for items such as main oversizing for system reinforcement. The Water Utility will provide a firm cost to the customer for the system extension before the project is initiated. Payment in full wiN be r-equiFed prior-to eeFkstFuetien. Payment af4er-the staA ef eenswiesien fea�r�e-pef i tea l- e-di 6€�` -A4 of ;t1}gej e. fig. Full pavment of costs are normally required before the start of construction however,payment arrangements may be approved by the BWL. A minimum vavment of 50% is required before construction is initiated and final payment is due upon receipt of invoice at the completion of construction Payment arrangements that extend bevond the completion of construction may be permitted at the discretion of the General Manager, with payment to include a finance charge. The design for all system extensions will conform to good engineering practice as determined by the water utility in order to protect the integrity of the water distribution system. It is recognized that flexibility in design may be required at times in order to accommodate specific customer needs. The Board of Water and Light will assume ownership of all system extensions and will be responsible for maintenance as required. Iv. Customer Service Installation The cost of a new water service installation will be paid by the customer requesting the installation. The Water Utility will provide a firm cost for the service installation before the project is initiated. The firm cost will include a system connection fee assessed for all new service connections as required in Rate#3 of the Water Service Rates. Payment in M!will be r-equifed peensL-uetien. Full payment of costs is normally required before the start of construction,unless prior arrangement is made with the BWL. Payment arrangements will conform to policies for recovery of water service installation fees and charges. The design for all service installations will conform to good engineering practice as determined by the Water Utility. Water Utility personnel will assist the customer if requested regarding design of the service and connection to customer-owned plumbing. The customer is responsible for costs associated with connection to customer owned plumbing. The Board of Water and Light will assume ownership of all services up to and including the meter and will be responsible for maintenance of the service as required. Water service to any customer may be interrupted or curtailed due to emergency conditions. The customer is responsible for installation and maintenance of devices necessary to protect customer-owned equipment against service interruptions or other disturbances in the distribution system. The Water Utility will make every effort to minimize such interruptions. The customer is also responsible for installation and maintenance of equipment to prevent a cross- ATTACHMENT III Page 2 o — connection between customer-owned plumbing and the water distribution system. The cross-connection control measures will conform to good engineering practice as determined by the Water Utility. The Water Utility reserves the right to deny or terminate service to any customer whose piping or equipment threatens the safe operation of the water distribution system. The Board's authorized agents shall have access to the Customer's premises at all reasonable hours,to install,inspect,read,repair or remove its meters;to install,operate and maintain other Board property, and to inspect the Customer's connection and plumbing. Neglect or refusal on the part of the Customer to provide reasonable access shall be sufficient cause for discontinuance of service by the Board,and assurance of access may be required before service is restored. The Water Utility will offer assistance to customers as requested in areas where the technical assistance of Utility personnel may be of assistance. These areas include cross connection control,fire service design, lawn sprinkler system design,relocation or upgrading of existing services,surge protection,and pressure problems. Page 31 MINUTES OF BOARD OF COMMISSIONERS'MEETING LANSING BOARD OF WATER AND LIGHT LAi,G;ING CITY CLERK Tuesday,May 20,1997 The Board of Commissioners met in rescheduled regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman O'Leary. Present: Commissioners Christian, O'Leary,Pratt,Royal, Strolle and Werbelow. Absent: Commissioner Graves. The Secretary declared a quorum present. The invocation was delivered by Chairman O'Leary. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES On motion of Commissioner Strolle and seconded by Commissioner Christian,that the minutes of rescheduled regular meeting of April 29, 1997,be adopted as filed. Commissioner Werbelow expressed concern with the wording of Resolution 97-4-3 relative to the Board of Water and Light Home Ownership Program for Employees. He indicated that the wording seems too restrictive in carrying out the program and that at some point in time it could commit the management to the documents that were delivered prior to the April 29, 1997 Board meeting. He would like to at least open the opportunity to amend the resolution. His sense was that the Board was adopting a policy and asking the General Manager and staff to carry it out. Following discussion, Commissioner Werbelow moved,and seconded by Commissioner O'Leary,to amend the motion to approve the minutes with the understanding that Resolution 97-4-3 is subject to review for possible amendments. The motion as amended was carried unanimously. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING. Gary Granger, representing Capitol Annex,L.L.C.,presented an update to the Board on the status of the purchase of the Board of Water and Light office building at 123 W. Ottawa Street and associated parking lot at 220 N. Capitol Avenue. He reported that discussions with the legislative leadership involved in the decision process continue in a positive fashion and that the deal could come together just before the end of the summer session or soon afterwards. Mr. Granger requested an extension of 120 days from this date in order to further their efforts in securing a lease commitment from the State of Michigan for legislative purposes. Mr. Granger noted that timing plays an important role in the decision process due to key issues currently before the legislature. Page 32 Board Minutes May 20, 1997 Commissioner Christian stated that he would like to see a document indicating that negotiations with the legislature are proceeding with a closure in sight for the immediate future. Commissioner Werbelow commented that he does not like to raise any levels of expectation that something is going to happen with the main office building. He stated that the purchase deal may happen or it may not.He further stated that knowing what the practicalities of the situation are, he is content to hear Capitol Annex is still working on the transaction and would be satisfied to let it lie at that. He expressed concern that by action of this Board,the initial agreement between the Board of Water and Light and Capitol Annex,L.L.C.,dated March 28, 1995, as amended,which expired on June 30, 1996,would be resurrected. He stated if an extension of time is going to be given,he would prefer to see that agreement re-evaluated and re-negotiated. Commissioner Strolle commented that he would like to see something more concrete which shows negotiations are further ahead this month than the last couple of months. Chairman O'Leary stated that he felt a time frame should be placed for a decision from the legislature, particularly in light of upcoming elections. Following lengthy discussion,Commissioner Strolle moved, seconded by Commissioner Pratt: RESOLVED,That subject to review of the original agreement with Capitol Annex,L.L.C., dated March 28, 1995, as amended, and terminated on June 30, 1996, relative to the sale of the Board of Water and Light Ottawa Street Office Building and associated parking lot,the time for securing a lease from the State of Michigan is hereby extended until September 10, 1997. This date coincides with the expiration date set by the Lansing City Council by Resolution 105, adopted March 10, 1497. Adopted by the following vote: YEAS: Christian,Pratt, Strolle,O'Leary,Royal NAYS: Werbelow ABSENT: Graves Michael Markey,consultant to J&L Investment Company,L.L.C.,Lansing,requested that Resolution 97-5-1 on the agenda(General Manager's Recommendations)relative to transferring jurisdiction of excess property owned by the Board of Water and Light(BWL)on Wexford Road to the City of Lansing Planning and Neighborhood Development Department be pulled from the agenda. He requested to meet with the appropriate BWL staff members prior to the next Board meeting to work out some latent title defects on the property. Following aiscussion,tile Boara agreed to pull flus item Min the agenda pending turtlier review by stq anct Mr. Markey. This item will be placed back on the agenda for the next Board meeting. COMMUNICATIONS AND PETITIONS No communications received. Board Minutes Page 33 May 20, 1997 COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on May 20, 1997,to discuss the following items: 1. EEO Report 2. Fiscal Year 1997-98 Budget 3. Ottawa Station Development Project 4. Dimondale Dam 5. Public Hearing Date for Rate Amendments Present were Commissioners Christian,O'Leary,Pratt,Royal, Strolle, and Werbelow. Absent was Commissioner Graves. EEO Report. Kay Porter,Employee Resource Administrator,presented an analysis of Board of Water and Light EEO(Equal Employment Opportunity)statistics as compared to the average for the Tri-County Area. The various classifications were reviewed,which indicated a BWL total average of 18.8% minority employees as compared to the Tri-County area's total average of 11.8%and an average of 24.4%female employees as compared to the Tri- County's total average of 47.2%. Fiscal Year 1998 Budget. Treasurer/Controller Dana Tousley presented details on the proposed Fiscal 1998 budget, as revised, including the Projected Income Statement and cash flow forecast by utility. The proposed Operations and Maintenance(O&M) budget is 2.4%higher as compared to the Fiscal 1997 budget. Copies of the revised documents are being mailed to the Commissioners for their records. Resolution 95-5-11 Fiscal Year 1998 Budget RESOLVED, That the annual budget covering Fiscal 1997-98 as revised and presented be approved(see Attachment 1). FURTHER RESOLVED,That capital projects be authorized in the amount of the project estimate. Capital expenditures for Fiscal 1997-98 are limited to the amount included in the budget. Resolution 97-5-12 Budget Policy RESOLVED, That the attached budget policy(Attachment In be adopted. FURTHER RESOLVED, That this policy be reviewed by the Commissioners annually to determine its application to the upcoming fiscal year. This review should take place in November or December each year. Ottawa Station Development Proiect. General Manager Joe Pandy reported that a productive meeting was held on May 14, 1997,with General Motors' (GM)Argonaut Worldwide Realty and Ottawa Park Associates, Developers relative to GM's Small Car Group's Education Development Center. Their space requirements of 70,000 sq. ft. were reviewed. GM has requested a formal proposal from OPAD based on a ten-year lease with ten- year renewals, for that space by June 2, 1997. GM has indicated that if that were done,they would need the month of June to take the proposal through the corporation for a decision point by June 30, 1997. The question was raised as to whether or not a deadline date should be set for the developers to bring the project with GM to closure. Following discussion,the following motion was presented for Board approval: Page 34 Board Minutes May 20, 1997 Resolution 95-5-13 Ottawa Station Proiect Negotiation Deadline RESOLVED,That a definitive proposal be requested from Ottawa Park Associates,Developers(OPAD)no later than June 30, 1997. If a firm decision is not made by that date, the Board will entertain other proposals in attempt to work with other developers,while at the same time OPAD would have the right to continue to bring their project negotiations to closure. Dimondale Dam. General Manager Pandy reported that a meeting was held May 19, 1997,with Village of Dimondale officials and residents. Officials and the residents would prefer to have the BWL rubble the dam below the water line so that it would not appear as an eye sore above the water level,but it would not be totally removed, thereby significantly altering the water level that exists above the dam presently. The BWL has agreed to develop alternate designs and cost estimates to present to Dimondale on June 16. Of the two concepts presented, Dimondale officials preferred Concept"B" wherein the Village would pay the BWL a market value for the properties they want to acquire, and the BWL in turn would reimburse the Village approximately 95%of the market value to be applied toward the Village Recreation Development/Plan. That methodology would allow them to include part of the cost into a larger grant application with the Michigan Department of Natural Resources (DNR)and the Michigan Department of Environmental Quality(DEQ). Consensus was reached between the BWL and the Village to work collaboratively to develop a plan for the dam for grant consideration. Staff will be bringing proposed designs and cost estimates to the next Committee of the Whole meeting in June for review prior to meeting with Village of Dimondale officials. Rate Amendments. A public hearing date to receive input on removing ratchet clauses from Electric rates 4, 5, 8 and 10 and other customer focused amendments to water rates was set for July 15, 1997. (See General Manager's Recommendations-Resolution 97-5-4.) Respectfully submitted, John Strolle,Chair Pro Tern COMMITTEE OF THE WHOLE On motion of Commissioner Strolle, and seconded by Commissioner Christian, the Committee of the Whole Report and Resolutions 95-5-11 (Fiscal Year 1998 Budget),95-5-12(Budget Policy), and 95-5-13 (Ottawa Station Negotiation Deadline)was approved as presented. Adopted by the following vote: VMAS- Cbri!Z ian 12mtt RWI Stmue Cl' =4. Box-al. WP inw NAYS: None ABSENT: Graves Board Minutes Page 35 May 20, 1997 GENERAL MANAGER'S RECOMMENDATIONS THE FOLLOWING ITEM WAS PULLED FROM THE AGENDA: CORPORATE PLANNING Res. No. 97-5-1 It is recommended that: The following described property situated on Wexford Road,Lansing, be declared surplus and not required for Board of Water and Light Operations: A part of a parcel of land deeded to the Lansing Board of Water and Light ��`le A (Said deed recorded in Liber 2158,Pages 408-409 of Ingham County Deeds), y�(d� �qC n being described as follows: Beginning at a point that is on the East Line of Lot O J 20 of"Maple Grove Farms No. 1",Liber 8,Page 24,Ingham County Plats,and Ya said Point of Beginning being 68 feet North of the Southeast Lot Comer, thence Westerly along a line parallel to the South Line of Lot 20 300 feet; thence Southerly parallel to the East Line of Lots 20& 19 200 feet, more or less,to the South Line of Lot 19;thence Westerly along the South Line of Lot 19 402.7 feet, more or less, to the Southwest Corner of Lot 19; thence Northerly along the West Line of Lots 19, 20&21 396 feet,more or less,to the Northwest Corner of Lot 21; thence Easterly along the North Line of Lot 21 603.9 feet,more or less, to a point that is 100 feet West of the East Line of Lot 21; thence Southerly parallel to the East Line of Lot 21 62 feet; thence Westerly 28 feet;then Southerly-parallel to the East Line of Lot 2170 feet, more or less, to the South Line of Lot 21, thence Easterly along the Lot Line 128 feet to the Southeast Corner of Lot 21; thence Southerly along the East Line of Lot 20 64 feet,more or less, to the Point of Beginning,containing 203,300 sq. ft. or 4.67 acres of land,more or less. Further that the General Manager and Corporate Secretary be authorized to enter into agreements to transfer jurisdiction of this property to the City of Lansing Planning and Neighborhood Development Department for disposal and future development, subject to the requirements of State Law,the Lansing City Charter and Codified Ordinances. Further any proceeds from this sale shall be deposited in the Joint CityBWL Economic Development Fund for funding projects in accordance with the purpose of the fund. This parcel of property is part of a larger parcel purchased from the Michigan Department of Natural Resources for $50.00 in 1994. Approximately one acre is being retained for well site and transmission main installation. The remaining portion is not needed for utility purposes and can be made available for development in conjunction with other adjacent vacant properties. The City Planning and Neighborhood Development Department will be soliciting proposals for development and use of the property. RESOLUTION 97-5-1 WAS PULLED FROM THE AGENDA PENDING STAFF REVIEW. Page 36 Board Minutes May 20, 1997 ELECTRIC PRODUCTION/TECHNICAL SERVICES DIVISIONS Res. No. 97-5-2 It is recommended that a contract be awarded to Environmental Elements Corporation in the amount of $6,544,500.00 for the installation of a new precipitator at the Erickson Station. This recommendation is based on Environmental Elements Corporation providing the best overall evaluated bid to complete the installation. Other bidders are as follows: 1. GE Environmental Systems-$6,463,236.00 2. Wheelabrator Air Pollution Control-$6,685,755.00 3. Research-Cottrell-$8,498,000.00 Project Background: The existing precipitator at the Erickson Station has essentially reached the end of its life cycle and is recommended for replacement. The existing condition and recommendations for replacement were confirmed by a "Particulate Removal Equipment Study"completed for the BWL by Stone&Webster in July of 1996. The proposal received by Environmental Elements Corporation(EEC)offered the largest gas collection area, lowest emissions/opacity guarantees and best overall installation experience. Although EEC was not the lowest cost bidder,their larger precipitator provides the lowest overall cost per square foot of gas collection area,which provides the BWL the best over all protection against more stringent air quality regulations in the future. The EEC proposal also includes a 50150 partnering agreement for potential savings in the construction costs which could offset the higher bid price. The services of Stone&Webster were utilized for both the technical specification and bid evaluation and their analysis supported this overall recommendation. General Manager Pandy disclosed that GE and Wheelabrator have challenged the selection of Environmental Elements Corporation(EEC). He reported that engineering staff conducted a very thorough evaluation of the precipitator bids for Unit#1 Erickson Station,with assistance from Stone&Webster consulting engineers,and determined that EEC was the best evaluated bid,although slightly higher than GE Environmental Systems'bid. Mr.Pandy pointed out that while the BWL is paying more on this contract,EEC was the best evaluated bid based on the best price per square foot of available gas collection area in the precipitator. He stated that with future plans to bum Western fuels, a larger precipitator would be the best choice. He further stated that he believes this bid was handled in a fair ap rgpriate manner with all bidders havins the same information and that staff has no reason to pause or withdraw its recommendation. Following a lengthy question and answer period, Commissioner Strolle moved,and seconded by Commissioner Christian,to approve Resolution No. 97-5-2. Adopted by the following vote: YEAS: Christian,Pratt, Strolle,O'Leary,Royal, Werbelow NAYS: None ABSENT: Graves Board Minutes Page 37 May 20, 1997 TREASURER/CONTROLLER Res. No. 97-5-3 Deferred Capital Charge Payment Plan Whereas, all three utilities,based upon numerous customer requests, have expressed a desire to defer payment of customer capital charges required by the BWL to provide service, and, Whereas,the high cost of service installations is an issue in extending and providing service in areas not served by the BWL,and, Whereas,deferred payment of capital charges is becoming a standard industry practice and the BWL needs to remain competitive and customer friendly for new customers to choose the BWL as their utility. THEREFORE BE IT RESOLVED,that this resolution authorizes the General Manager to establish procedures to implement a deferred capital charges payment plan. The plan will allow deferral of required capital charges for service installations, main or line extensions, or customer equipment. The terms and conditions of a contract with a customer to defer payment of required capital charges are as follows: Term: Contract required to take BWL service for at least the term of the deferment,longer if there are other services requested. The term may be up to three(3)years. If property ownership changes during the term of the contract,then the unpaid balance plus accrued interest is due and payable immediately. Monthly deferred capital payments are in addition to the normal utility billing. Rate: Prime Rate, reset annually each July 1,based on prime rate published in The Wall Street Journal for the last market day in June eacir year. The prime rate is currently 8.5%. Availability: All retail customers are eligible. Security: In the event of default,the BWL will use normal collection procedures,up to and including a mechanics lien or applied to the tax roll,if applicable. The Board of Commissioners must specifically approve contracts with exceptions to these terms. On motion of Commissioner Strolle,seconded by Commissioner Christian,Resolution 97-5-5 was adopted by the following vote: YEAS: Christian,Pratt, Strolle,O'Leary,Royal, Werbelow NAYS: None ABSENT: Graves Res.No. 97-5-4 Ratchet Clauses Eliminated Whereas,BWL bond counsel have opined that ratchet clauses in rate tariffs may be interpreted as minimum charges, and, Whereas, "ratchet" clauses are in BWL rates to discourage large customers from sudden shifts in electric usage and to penalize large customers when a large shift occurs,and, Whereas,the annual revenue from ratchet clauses is less than$167,000,and, Page 38 Board Minutes May 20, 1997 Whereas,Electric rates 4 (Large General), 5 (Primary, 8(Large Capacity), &10 (Process Heating)contain ratchet clauses, and, Whereas, the operational need for a penalty to encourage large customers to maintain a consistent load factor is no longer present, nor is it customer friendly. THEREFORE BE IT RESOLVED, that a public hearing be set for Tuesday, July 15, 1997, to receive public input on removing the ratchet clauses from the above four electric rates. On motion by Commissioner Strolle and seconded by Commissioner Christian,Resolution 97-5-4 was adopted by the following vote: YEAS: Christian,Pratt, Strolle,O'Leary,Royal,Werbelow NAYS: None ABSENT: Graves * r r s WATER Res.No.97-5-5 That the Board agree to serve water to proposed Water District No. 126,Delhi Township,as requested by resolution of the Delhi Charter Township Board on May 6, 1997,and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 126 established by Township resolution and will provide a potable water supply to said district. 2. The Township will be required to make a$64,005.00 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement CXXVI)covering the filmishing of a potable water slrp�nly in Water District No. 126_ 4. Watermains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further,that upon receipt of the sum of$64,005.00 from the Township,the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement (Supplement CXXVI)to furnish a potable water supply in Water District No. 126. The geographical area of Water District No. 126 is as follows: Moorwood Farms Subdivision,Phase 3,Lots 54 through 101. Board Minutes Page 39 May 20, 1997 To provide a potable water supply with the proposed new district requires the installation of 2,510 feet of watermain and fire hydrants at an estimated cost of$64,005.00. The main extension will serve forty-eight(48) residential customers. A one-time connection fee will amount to$45,264.00. The estimated annual revenue is $16,320,00. Watermains to be installed in summer of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. Res. No. 97-5-6 RESOLVED,That the Board agree to serve water to proposed Water District No. 127,Delhi Township,as requested by resolution of the Delhi Charter Township Board on May 6, 1997, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 127 established by Township resolution and will provide a potable water supply to said district. 2. The Township will be required to make a$28,305.00 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement CXXVII)covering the furnishing of a potable water supply in Water District No. 127. 4. Watermains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$28,305.00 from the Township,the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement (Supplement CXXVII)to furnish a potable water supply in Water District No. 127. The geographical area of Water District No. 127 is as follows: Centennial Farms Site Condominiums,Phase 2, Lots 23 through 44. To provide a potable water supply with the proposed new district requires the installation of 1,110 feet of watermain and fire hydrants at an estimated cost of$28,305.00. The main extension will serve twenty-two(22) residential customers. A one-time connection fee will amount to$20,746.00. The estimated annual revenue is $7,480.00. Watermains to be installed in summer of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. Res. No. 97-5-7 RESOLVED,That the Board agree to serve water to proposed Water District No. 128,Delhi Township,as requested by resolution of the Delhi Charter Township Board on April 29, 1997, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: Page 40 Board Minutes May 20, 1997 1. The Board will accept Water District No. 128 established by Township resolution and will provide a potable water supply to said district. 2. The Township will be required to make a$100,826.00 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district- 3. The Board and the Township are to enter into a written agreement(Supplement CXXVIII)covering the furnishing of a potable water supply in Water District No. 128. 4. Watermains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further,that upon receipt of the sum of$100,826.00 from the Township,the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement (Supplement CXXVIII)to furnish a potable water supply in Water District No. 128. The geographical area of Water District No. 128 is as follows: Hunters Glen Planned Unit Development,Phase 1, 2 and 3,Lots 1 through 45. To provide a potable water supply with the proposed new district requires the installation of 3,340 feet of watermain and fire hydrants and 905 feet of road frontage payback to BWL at an estimated cost of$116,951.00. Delhi Township acknowledges the portion of$100,826.00 of the cost of said project. Due to required watermain oversizing,BWL's oversizing cost will be$16,125.00. The main extension will serve forty-five(45) residential customers. A one-time connection fee will amount to$42,435.00. The estimated annual revenue is$15,300.00. Watermains to be installed in summer of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. Res.No. 97-5-8 RESOLVED,That the Board agree to serve water to proposed Water District No. 129,Delhi Township, as requested by resolution of the Delhi Charter Township Board on April 15, 1997,and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972,covering the furnishing of a potable water supply in Delhi Township,the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 129 established by Township resolution and will provide a potable water tipply tc-said distliat 2. The Township will be required to make a$24,862.50 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district 3. The Board and the Township are to enter into a written agreement(Supplement CXXI)X)covering the furnishing of a potable water supply in Water District No. 129. 4. Watermains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Board Minutes Page 41 May 20, 1997 Further, that upon receipt of the sum of$24,862.50 from the Township, the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement (Supplement CXXIX)to furnish a potable water supply in Water District No. 129. The geographical area of Water District No. 129 is as follows: Chisholm Hills Estates No. 2,Lots 21 through 42. To provide a potable water supply with the proposed new district requires the installation of 975 feet of watermain and fire hydrants at an estimated cost of$24,862.50. The main extension will serve twenty-two(22)residential customers. A one-time connection fee will amount to$20,746.00. The estimated annual revenue is$7,480.00. Watermains to be installed in summer of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. Res. No. 97-5-9 That the Board agree to rescind and replace proposed Water District No. 3, Watertown Township,as requested by resolution of the Watertown Charter Township Board on October 11, 1993 with the request as dated May 9, 1997, and that in accordance with the agreement between the Board and the Charter Township of Watertown dated November 25, 1986, covering the furnishing of a potable water supply in Watertown Township,the Board advises officials of Watertown Township as follows: 1. The Board will accept Water District No. 3 established by Township resolution on May 19, 1997 and will provide a potable water supply to said district. 2. The Township will be required to make a$5,864.00 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Rules and Regulations for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement III)covering the furnishing of a potable water supply in Water District No. 3. 4. Watermains are to be installed in accordance with the current Board's Rules and Regulations for Water Service. Further, that upon receipt of the sum of$5,865.00 from the Township,the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement Supplement III)to furnish a potable water supply in Water District No. 3. The geographical area of Water District No. 3 is as follows: Grove Road-Extending existing watermain 300 feet north to State Road. To provide a potable water supply within the proposed new district requires the installation of 300 fee of 12" watermain at an estimated cot of$11,900.00. The main extension will serve two(2)industrial customers. One-time connection fees will amount to$1,886.00. Estimated annual revenue is$725.00. Watermains to be installed in Summer/Fall of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. Page 42 Board Minutes May 20, 1997 Res. No. 97-5-10 RESOLVED,That the Board approve a revision to Water Utility Policies for Water System Extensions and Customer Service Installations as recommended in Attachment III. This revision will improve our flexibility in providing service to Water Utility customers and improves the ability of the Water Utility to be successful in providing service in developed areas. The recommended changes are necessary and compatible with the proposed policy for recovery of retail water service installation fees and charges. On motion by Commissioner Strolle and seconded by Commissioner Christian,Resolution Nos. 97-5-5, 97-5-6, 97- 5-7, 97-5-8, 97-5-9,and 97-5-10 were adopted by the following vote: YEAS: Christian,Pratt, Strolle, O'Leary,Royal, Werbelow NAYS: None ABSENT: Graves UNFINISHED BUSINESS No unfinished business. NEW BUSINESS Chairman O'Leary appointed the following Commissioners to the Nominating Committee for Board officers: Commissioners Christian(Chair),Pratt, and Werbelow. Their work will begin once the Mayor announces the Board appointments, subject to City Council confirmation. RESOLUTIONS MEMORIAL TRIBUTE TO WILLIAM D.LONTZ MaMEEAS The members of the Board of Commissioners wish to express their sadness over the loss of Commissioner William D. Lontz("Bill")on April 24, 1997,at the age of sixty. Bill Lontz was appointed Board of Water and Light Commissioner on July 1, 1994. He served on the Finance Committee and also exercised a leadership role as the Board's Chair Pro Tem;and WHEREAS,Bill Lontz was a powerful advocate for economic development issues, and made numerous contributions to the people of this community and state that will long endure;and WHEREAS,Bill Lontz was a man of vision and conviction with genuine concern for community-related issues and their relationship to economic development. He touched people with his wonderful sense of humor and kind, gentle manner. His intelligence, integrity and sincerity leaves a mark on this Board that will be felt for years to come; and Board Minutes Page 43 May 20, 1997 WHEREAS,Having spent nearly thirty years addressing economic development issues at the state level,Bill Lontz retired from the Michigan Department of Commerce in 1995. Throughout his tenure as a public servant, he was instrumental in coordinating many large-scale projects such as General Motors' Poletown Plant in Hamtramck, Mazda's Flatrock Plant and the Chrysler Jefferson Avenue Plant. He received many honors in community planning for his work across the state,including the 1986 Public Servant of the Year. He also found time to teach many courses in urban issues and resource development at Michigan State University, and served as Director of the Peace Corp in Western Samoa. He continued his involvement in project development and community planning through his consulting business up to the time of his death;now,therefore,be it RESOLVED,The Board of Water and Light Commissioners hereby officially honors and salutes the life, leadership and achievements of William D. Lontz. RESOLVED FURTHER, It is with great respect for his contributions to this public power utility that we extend this expression of our condolences to his wife,Rita, their son,Marty,their daughter,Marci, and his mother, Mildred. Adopted unanimously. GENERAL MANAGER'S REMARKS General Manager Joe Pandy reported on the following topics: Share the Success. The Share the Success year-to-date performance through the month of April is at 353 points out of a possible 500,which equates to an estimated gross financial impact of$1,808,023. The Share the Success payment on that basis would be$2,254,666 for a net savings to our customers of$553,357. Monthly updates will continue to be provided. BWL v. USF&G. The BWL has settled with the U. S. Fidelity and Guaranty(USF&G)Insurance Company over the Oakwood transformer explosion incident which occurred in 1987. A settlement of$385,000 is to be paid to the BWL. Estimated recoverable damages were determined to be approximately$185,000, although the suit was for a higher amount of approximately$387,000. The law firm of Willingham, Cote took this case on a contingency basis; consequently, they will receive one-third of the net recovery,minus attorney's fees. Thus,BWL will receive $288,752.41,which is the net recovery after deducting costs and expenses associated with the prosecution of the lawsuit. Mr. Pandy congratulated Willingham, Cote and Staff Attorney Larry Wilhite for managing the case to a successful conclusion. Local Initiative Support Corporation (LISC). The BWL was among the partners listed in the Lansing LISC brochure, consisting of 13 firms that kicked off the LISC fund raising campaign with$400,000 for development of homes in Lansing neighborhoods. Meetings on Electric Deregulation. General Manager Pandy reported that a positive meeting was held with Representative Dennis Olshove who chairs the legislative effort on deregulation. Commissioners Royal and Strolle and Electric System Control Director Bill Cook also took part in the discussions on deregulation. Mr. Pandy noted that Representative Olshove seemed interested in proceeding with caution. Mr.Pandy also reported that he and Bill Cook participated in a presentation at the Michigan Manufacturers Association on May 16. A representative from CMS Energy was the main speaker on the benefits of deregulation. The BWL was given a five-minute opportunity to present its position on this issue. Mr. Pandy noted that among those present in the audience were many BWL customers who spoke in support of the BWL as a local utility. Oldsmobile Classic. A schedule of events for the Oldsmobile Classic to be held June 2-8, 1997,at Walnut Hills Country Club was handed out. The BWL as a bronze sponsor,will have a supply available of single day tickets, Page 44 Board Minutes May 20, 1997 club house passes and parking passes. Mr.Pandy encouraged all to participate in this worthwhile community event. Proceeds benefit the Oldsmobile Classic Youth Charities Fund. REMARKS BY COMMISSIONERS Commissioner Christian commented that after hearing the memorial resolution read for the late Commissioner Bill Lontz,it occurred to him that it is important for the Board of Commissioners to have a picture taken annually for archival purposes. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES On motion by Commissioner Strolle,seconded by Commissioner Christian,to excuse Commissioner Graves from tonight's proceedings. Carried unanimously. , ADJOURNMENT There being no further business,the Board adjourned at 7:45 p.m. Mary E. Secretary Filed: May 27, 1997 Marilynn Slade, City Clerk ATTACHMENT I BOARD OF WATER AND LIGHT-LANSING MICHIGAN (Page 1 or BUDGET FISCAL YEAR ENDING JUNE 30, 1998 WATER ELECTRIC STEAM TOTAL PROJECTED INCOME STATEMENT FY 98 OPERATING REVENUE [1] 16,214,823 141,197,912 15,866,969 173,279,694 Operation/Maint Expense 11,488,057 114,287,831 12,460,468 138,236,356 Depreciation Expense 18,365,000 TOTAL OPERATING EXPENSE 166,601,356 OPERATING INCOME 16,678,338 Other Income [2] 5,757,727 Other Expense [3] 2,450727 NET INCOME 19,985,338 NET INCOME AFTER CITY PAYMENT 13,504,618 RATE OF RETURN-3/97 RATE BASE 4.60% PROJECTED CASH FLOW FY 98 Restricted Operating Cash 21,156,500 Restricted General Cash 16,600,000 Special Project/Const Cash 21,100,000 BEGINNING CASH 7-1-97 [4] 58,756,600 Sources of Cash Net Income 19,985,338 Depreciation 18,365,000 TOTAL SOURCES OF CASH 38,350,338 SOURCES OF CASH + BEG. CASH 97,106,838 Uses of Cash Debt Principal [5] 2,392,957 Capital Expenditures [6] 29,307,000 Payment to City 6,480,720 TOTAL USES OF CASH 38,180,677 Restricted Operating Cash 17,279,545 Restricted General Cash 17,160,000 Special Project/Const Cash 24,486,616 ENDING CASH 6-30-98 58,926,161 ATTACHMENT I (page 2 or 4) BOARD OF WATER AND LIGHT - BUDGET FOOTNOTES FISCAL YEAR ENDING JUNE 30, 1998 [1] Revenue based on sales forecast for water (9,254,000 ccf), electric (2,546,600 mwh) and Steam (2,410,898 mlb). These sales levels are 0.2% lower, 2.6% lower (resale sales), and 66.6% higher (GM Plant 6) respectively than the twelve month period ended December 1996. There are no rate changes anticipated, other than the removal of electric ratchet clauses, included in the budget revenues. [2] Other Income includes earnings on short term securities, water sewerage collection fees and electric interest income on steam debt to electric. [3] Other Expense includes interest on the 1989 and 1994 Revenue Bonds, pension debt, Michigan Ash building at Erickson, steam interest expense of steam debt to Electric, and customer deposits. [4] Projected June 30, 1997 Restricted Operating Cash balances Operations and Maint. Fund $20,716,500 Bond and Interest Fund 440,000 Total Restricted Operating Cash $21,156,500 Projected June 30, 1997 Restricted General Cash balances Coal Buildup $ 3,600,000 Water Facilities 3,000,000 Uninsured Losses 9,900,000 Total Restricted General Cash $16,500,000 [5] Debt repayment includes principal payment for the 1989 and 1994 Revenue Bonds, pension debt, Michigan Ash building at Erickson and the electric loan to steam. (6] Capital expenditures represent total amounts estimated for all Annual Capital Additions, Planned Capital Projects, and Bond Projects during Fiscal Year 1998 ATTACHMENT I (Page 3 or 4) BOARD OF WATER&LIGHT-LANSING,MICHIGAN BUDGET FOR FISCAL YEAR ENDING JUNE 30,1998 DIVISION SUMMARY-OPERATIONS&MAINTENANCE EXPENSE Restated for Budget Comparison Vehicle& Material Production Outside Expenses Net Equipment & Fuels/Chem. Services to be Labor/1/ Charges --aURplies Purch Power 8 Other/2/ Total Water Electric Steam Distributed Total ADMINISTRATIVE 980,501 1,000 63,466 0 17,616,299 18,661,266 50,018 731,474 40,530 17,839,244 18,661,266 ELECTRIC UTILITY 16,036,777 597,231 3,032,967 70,117,568 4,194,362 93,978,905 0 93,689,452 0 289,453 93,978,905 WATER UTILITY 3,699,308 183,079 479,920 2,831,702 1,084,280 8,278,289 8,278,289 0 0 0 8,278,289 STEAM UTILITY 2.346,781 53,800 427,600 6,835,789 2,264,149 11,928,119 0 0 11,928,119 0 11,928,119 TECHNICAL SERVICES 3,334,955 67,739 774,038 0 1,600,454 5,777,186 0 0 0 5,777,186 5,777,186 HUMAN RESOURCES 467,058 0 66,950 0 270,375 804,383 0 0 0 804,383 804,383 CORPORATE PLANNING 166,644 0 9,000 0 25,300 200,944 0 0 0 200,944 200,944 COMMUNICATION 157,735 0 88,016 0 368,586 614,337 0 9,800 0 604,537 614,337 TREASURER/CONTROLLER 1,951,344 71,358 45,151 0 263,916 2,331,769 0 0 0 2,331,769 2,331,769 CONSUMER SERVICES 4,190,686 112,255 123,094 0 869,935 5,295,970 223,668 313,809 39,500 4,718,993 5,295,970 GRAND TOTAL $33,331,789 $1,086,462 $5.110,202 $79,785,059 $28,557,656 $147,871,168 $8.551,975 $94,744,535 $12,008,149 $32,566,509 $147,871,168 Distributed Expenses: Spread to Water, Electric,&Steam/3/ 2,936,082 19,543,296 452,319 (22,931,697) 0 Vehicle and Equipment Charges 141 (1,086,462) (1,086,462) Indirect Costs Spread to Capital Budget/5/ (8,548,350) (8,548,350) NET BUDGET BY UTILITY $11.488,057 $114,287,831 $12,460,468 $0 $138,236,356 ATTACHMENT I (Paae 4 of 4) BOARD OF WATER AND LIGHT - DIVISION SUMMARY FOOTNOTES FISCAL YEAR ENDING JUNE 30, 1998 [1] Net Labor refers to the dollar amount of labor charged to operations and maintenance expense accounts. [2] Outside Services and Other include such items as insurance, pension funding, FICA, service engineers, maintenance contractors, consultants, utilities, travel and conference, dues and subscriptions. [3] Administrative, general, and engineering expenses are allocated to the Water, Electric, and Steam based on such factors as personnel, labor charges, fuel costs, and meters in service. [4] The cost of owning and operating vehicles is in RA 425 and in the grand total. Thus, vehicle charges must be subtracted from total charges to arrive at net operation and maintenance expense. This procedure complies with our normal accounting practice. [5] Indirect costs applied to capital projects represents overhead charged to fixed capital and credited to expense. Board Minutes May 20, 1997 ATTACHMENT II Budget Policv WHEREAS, the Lansing City Charter requires the Board of Water and Light to adopt an annual budget for the coming fiscal year(July through June)before June 1 each fiscal year, and WHEREAS, it is fiscally prudent and good management practice to prepare and use short term forecasts of operations,as well as, longer term forecasts of facilities and financial resources required, and WHEREAS, a budget provides fiscal guidelines for management to operate within and a tool for Commissioners to use when developing adequate rates for services or when monitoring management's performance. THEREFORE,BE IT RESOLVED,That: 1. Management will prepare an annual budget for the upcoming fiscal year for Commissioner review and approval before June 1 each fiscal year. 2. The budget documents will include projected sales, revenues, expenses and cash flow with appropriate explanations. 3. The General Manager is authorized to establish and implement budgeting procedures consistent with this policy and good financial practice. 4. The budget goal each fiscal year is to provide all services within the expected revenues and provide sufficient funds for future capital expenditures. However, if that is not the case,then management must present specific recommendations for rate changes,cost reductions,issuance of debt or other specific actions,prior to budget approval. 5. Approval of the budget authorizes the General Manager and management to expend funds up to the budget amount and pursuant to the Purchasing Policy. Approval authorizes capital projects at the amount of the project estimate,but limits total annual capital expenditures to the total amount included in the capital budget. 6. As business conditions warrant,the Commissioners may,from time to time,authorize adjustments to the approved budget. Re: Resolution 97-5-10 ATTACHM_ (Page 1 of 2) Recommended Changes to: Sec.12-8 Water Service Policies: Proposed revisions are indicated by: language to be added is shown underlined, language to be deleted is shown as stfikeilif . III. Water System Extension Extension of the BWL's water distribution system may be required in order to serve a new customer in the water service area. In such cases the cost of the system extension will be paid by the customer requesting the service. The Water Utility may share in the cost for items such as main oversizing for system reinforcement. The Water Utility will provide a firm cost to the customer for the system extension before the project is initiated. Payment in ftill will be r-equir-ed pr-i8r-te eensEmetien. Payment after-the stfft ef eensa% Full payment of costs are normally required before the start of construction, however,payment arrangements may be approved by the BWL. A minimum Payment of 50% is required before construction is initiated and final pavment is due upon receipt of invoice at the completion of construction. Payment arrangements that extend bevond the completion of construction may be permitted at the discretion of the General Manager,with payment to include a finance charge. The design for all system extensions will conform to good engineering practice as determined by the water utility in order to protect the integrity of the water distribution system. It is recognized that flexibility in design may be required at times in order to accommodate specific customer needs. The Board of Water and Light will assume ownership of all system extensions and will be responsible for maintenance as required. N. Customer Service Installation The cost of a new water service installation will be paid by the customer requesting the installation. The Water Utility will provide a firm cost for the service installation before the project is initiated. The firm cost will include a system connection fee assessed for all new service connections as required in Rate#3 of the Water Service Rates. . Full Payment of costs is normally required before the start of construction,unless prior arrangement is made with the BWL. Payment arrangements will conform to policies for recovery of water service installation fees and charges. The design for all service installations will conform to good engineering practice as determined by the Water Utility. Water Utility personnel will assist the customer if requested regarding design of the service and connection to customer-ownedplumbing. a customeris responsible for costs associat with connection to customer owned plumbing. The Board of Water and Light will assume ownership of all services up to and including the meter and will be responsible for maintenance of the service as required. Water service to any customer may be interrupted or curtailed due to emergency conditions. The customer is responsible for installation and maintenance of devices necessary to protect customer-owned equipment against service interruptions or other disturbances in the distribution system. The Water Utility will make every effort to minimize such interruptions. The customer is also responsible for installation and maintenance of equipment to prevent a cross- ATTACHMENT III Page 2 o connection between customer-owned plumbing and the water distribution system. The cross-connection control measures will conform to good engineering practice as determined by the Water Utility. The Water Utility reserves the right to deny or terminate service to any customer whose piping or equipment threatens the safe operation of the water distribution system. The Board's authorized agents shall have access to the Customer's premises at all reasonable hours,to install,inspect,read,repair or remove its meters;to install,operate and maintain other Board property, and to inspect the Customer's connection and plumbing. Neglect or refusal on the part of the Customer to provide reasonable access shall be sufficient cause for discontinuance of service by the Board,and assurance of access may be required before service is restored. The Water Utility will offer assistance to customers as requested in areas where the technical assistance of Utility personnel may be of assistance. These areas include cross connection control,fire service design, lawn sprinkler system design,relocation or upgrading of existing services,surge protection,and pressure problems. 41 MAY 12, 1997 ID: BOARD OF WATER & LIG TEL NO: (517) 371-G203 #39702 PAGE: 2/2 Y .. .. .. COMMITTEE OF THE WHOLE The Committee of the Whole of the Board of Water and Light Commissioners will meet on: Meeting Date: Tuesday,May 20, 1997-5:30 p.m. Location: Second Floor Boardroom Board of Water and Light Office Building 123 West Ottawa Street,Lansing r AGENDA 1. EEO Report ry 2. Fiscal Year 1997-98 Budget =_ "� 2-0- -C C-, m 3. Ottawa Station Development Project rn ry 4. Dimondale Dam 5. Public Hearing Date for Rate Amendments . ,� ��.3+�.,F. . . . RESCHEDULED REGULAR MEETING The regular meeting of the Board of Water and Light Commissioners of the City of Lansing, Michigan, previously scheduled for May 27, 1997,is rescheduled as noted: New Meeting Date: Tuesday,May 20, 1997-Approximately 6.30 p.m. Location: Second Floor Board Room Board of Water and Light Office Building 123 West Ottawa Street,Lansing Certified by: Mary E. Sova Corporate Secretary Page 24 MINUTES OF BOARD OF COMMISSIONERS' MEETING I '� -2 N J: O LANSING BOARD OF WATER AND LIGHT Lr'O.1'5.�1„�` NIG CITY Y CLERK Tuesday,April 29, 1997 The Board of Commissioners met in regular session at 5:30 p.m.,in the Main Office Building, 123 West Ottawa Street, Lansing,Michigan. The meeting was called to order by Chairman O'Leary. Present: Commissioners Christian, Graves, O'Leary,Pratt, and Strolle. Commissioner Werbelow participated via speakerphone. Absent: Commissioner Royal. The Secretary declared a quorum present. Chairman O'Leary opened the meeting by paying tribute to the memory of the late Commissioner William D. Lontz who passed away on April 24, 1997. His comments follow: "There is an empty chair here tonight that we are all acutely aware of. A month ago that chair was filled with Bill Lontz. Last Thursday(April 24, 1997), Bill passed away. Bill left a loving wife and family, and many, many friends. He left a legacy of service to his fellow men. In Frank Cappola's movie, It's a Wonderful Life, 'the angel, Clarence, said to George Bailey, 'every man's life touches so many other lives that when that individual is missing, it leaves a huge hole. ' There will be a huge hole on this Board and in this community, and even in Western Samoa where Bill and his wife, Rita, served during their years in the Peace Corp. Bill touched many lives in a direct way; he and Rita are the epitome of service above self. Bill was a very soft spoken, kind person who was very involved in the community and sensitive to other people's feelings. He had strong views about many issues, and presented them very gently. In a word, he could disagree without being disagreeable. We are honoring Bill tonight by dedicating this meeting to his memory. Please join me for a moment of silent meditation." The Pledge of Allegiance was said by all. APPROVAL OF MINUTES On motion of Commissioner Christian, and seconded by Commissioner Strolle,the minutes of regular meeting of March 25, 1997, were adopted. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW,OR AT THE END OF THE MEETING. No persons spoke. COMMUNICATIONS AND PETITIONS No communications received. Board Minutes Page 25 April 29, 1997 COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on April 16, 1997,to discuss the following items: 1. Proposed BWL Home Ownership Program, 2. Deregulation Issues, and 3. Pension Process Present were Commissioners Christian, Graves,O'Leary,Pratt,Royal, Strolle. Commissioner Werbelow participated via speakerphone. Commissioner Lontz was absent. Proposed BWL Home Ownership Program. The Committee discussed a proposed home ownership residency incentive program for full-time Board of Water and Light employees, modeled after the City of Lansing's Home Ownership Program(LHOP). The objective for implementing the home ownership program is to provide an economic development assistance program that would revitalize neighborhoods in the City of Lansing and provide an incentive for employees to move inside Lansing's city limits. The Commissioners are weighing the merits of expanding a suggested proposal based on a commitment of$50,000 to provide ten(10)loans at$5,000 and partnering with the Housing Resource Center, as a non-profit corporation,for additional leverage for matching funds from the Local Initiatives Support Coalition(LISC). Rose Norwood,Director of the Housing Resource Center(HRC), and Denise Gathman were present to respond to questions relative to eligibility guidelines and the terms by which loans would be made available to BWL employees through HRC. Before proceeding further, the Commissioners requested staff to provide information on the geographic boundaries of targeted neighborhoods eligible for LISC funds. The program parameters are being evaluated to determine the most feasible option for the proposed BWL Home Ownership Program for Employees(BWL-LHOPE). Deregulation Issues. An overview on electric restructuring activities was presented by Bill Cook,Director of Electric System Control, and Brian Cooper,Utility Support Services Administrator. Background information on Michigan's electric utilities and the opportunities and concerns surrounding efforts to foster competition in this important industry was discussed. The Commissioners agreed that it is essential for the BWL to continue positioning for the full impact of restructuring. Electric restructuring activities to the present were outlined. Pension Plan(Defined Benefit and Defined Contribution)Process Update. Treasurer/Controller Dana Tousley gave an overview of activities that are taking place on the pension plan transition issue. Through union negotiations, it was agreed to freeze the BWL's Defined Benefit(DB)Plan and start up a new Defined Contribution(DC)Plan. This transition is expected to take approximately one year before it is fully resolved. Proposed pension changes were reviewed for the existing DB Plan and the new DC Plan. The DB Pension Plan and Trust Agreement are being finalized for Board consideration in June and the DC Plan is expected to be on the Board agenda in July. Respectfully submitted, COMMITTEE OF THE WHOLE On motion of Commissioner Strolle and seconded by Commissioner Christian,the Committee of the Whole Report was approved as presented. General Manager Pandy introduced Tom Edmiston,Director of the Lansing area Local Initiatives Support Corporation(LISC)who answered questions relative to LISC matching funds. A map was displayed depicting the City of Lansing's four neighborhood strategy areas eligible for LISC funds through the Housing Resource Center serving as the conduit. To qualify for LISC matching funds, the BWL would need to commit funds to LISC for an employee-assisted housing program by June 30, 1997. By selecting the LISC option,ten employees per year could qualify for$5,000 loans from the BWL to purchase a home in targeted neighborhoods in the city. The BWL loan Page 26 Board Minutes April 29, 1997 would be forgiven if the employee remains in the home for at least five years. The same ten employees would also be eligible for$5,000 of matched, low-interest loans through LISC to rehabilitate their homes. It was noted that if employees do not utilize the rehabilitated areas,the remainder of LISC matching funds for the fiscal year would be reallocated to other cities in Michigan. A second alternative discussed,but not selected,was providing$5,000 in BWL funds to eligible employees without placing a restriction on targeted areas in which to locate within the city. There would be no matching LISC funds available under this option. Following deliberation, Commissioner Christian moved, seconded by Commissioner Pratt,to approve the following resolution: Board of Water and Light Home Ownership Program for Employees Resolution 97-4-3 WHEREAS, Councilmember Paul Novak has proposed a Board of Water and Light Home Ownership Program to increase the number of Board of Water and Light employees who live in the City of Lansing, and WHEREAS, he has proposed a home ownership residency incentive program for full-time Board of Water and Light employees, and WHEREAS, the Board of Water and Light Commissioners desire to implement the program as attached hereto, and WHEREAS, the Board of Water and Light Commissioners desire to participate in the Local Initiatives Support Corporation(LISC)home ownership program in conjunction with the locally organized Community Development Corporation(CDC)to help transform distressed neighborhoods into healthy communities and to maximize the LISC match, and WHEREAS,Homes eligible for the program would come from Community Development Corporation Grant (CDCG)target areas within the City of Lansing,as delineated on the attached map. NOW, THEREFORE BE IT RESOLVED, That the Board of Water and Light Commissioners hereby approve and adopt the attached final draft of the Board of Water and Light Home Ownership Program for Employees(BWL- HOPE)for full-time Board of Water and Light employees whose bargaining units have agreed to participate in the program and exempt employees, except for the General Manager, and BE IT FURTHER RESOLVED, That this approval is subject to obtaining any necessary approvals or concurrences from employee groups represented by unions, and BE IT FURTHER RESOLVED, That$50,000 be allocated annually for three years effective with Fiscal Year 1997-98,for the Board of Water and Light Home Ownership Program for Employees,and BE IT FURTHER RESOLVED,That the offering of the program is subject to the$50,000 Fiscal Year 1997-98 funding limitation set in the budget($5,000 for up to ten employees)and is to be implemented on a first-come first- served basis,and. BE IT FINALLY RESOLVED,That the program be evaluated in nine months to determine if employees are utilizing the homes eligible for the program in the targeted areas within the city. The Board would have the option to decide at that time whether participation with LISC should continue and/or if the program should be modified to remove target area restrictions within the city. Board Minutes Page 27 April 29, 1997 Adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle, O'Leary, Werbelow-(participated by speakerphone) NAYS: None ABSENT: Royal GENERAL MANAGER'S RECOMMENDATIONS WATER Res. No. 974-1 That the Board agree to serve water to proposed Water District No. 124,Delhi Township, as requested by resolution of the Delhi Charter Township Board on April 29, 1997,and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972,covering the furnishing of a potable water supply in Delhi Township, the Board advised officials of Delhi Township as follows: 1. The Board will accept Water District No. 124 established by Township resolution and will provide a potable water supply to said district. 2. The Township will be required to make a$40,162.50 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement CXXM covering the furnishing of a potable water supply in Water District No. 124. 4. Water mains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$40,162.50 from the Township,the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement (Supplement C)CXIV)to furnish a potable water supply in Water District No. 124. The geographical area of Water District No. 124 is as follows: Northeast corner of Section 24,T3N,R2W,Delhi Township,beginning at then north side of Holt Road approximately 2,455 feet west of College Road, thence south 1,575 feet along proposed road. To provide a potable water supply within the proposed new district requires the installation of 1,575 feet of water I1Mff Ma TM ny=rs 51 an estimated coN o e owns p—acknowlEages the portion o $40,162.50 of the cost of said project due to required water main oversizing,BWL's oversizing cost will be $55,125. The main extension will serve three(3)industrial customers. One-time connection fees will amount to $16,080. Estimated annual revenue is$41,400. Water mains to be installed in Summer of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. This project is contiguous to Water District No. 125 and will be constructed in conjunction with. Page 28 Board Minutes April 29, 1997 Res. No. 974-2 That the Board agree to serve water to proposed Water District No. 125,Delhi Township, as requested by resolution of the Delhi Charter Township Board on April 29, 1997, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972,covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 125 established by Township resolution and will provide a potable water supply to said district. 2. The Township will be required to make a$87,720 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement(CXXV)covering the furnishing of a potable water supply in Water District No. 125. 4. Watermains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$87,720 from the Township,the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement (Supplement CXXV)to furnish a potable water supply in Water District No. 125. The geographical area of Water District No. 125 is as follows: East 1/4 corner of Section 24, T3N,R2W,Delhi Township beginning at south end of Water District No. 124,thence southeast direction along proposed future road 3,440 feet to College Road. To provide a potable water supply within the proposed new district requires the installation of 3,440 feet of watermain and fire hydrants at an estimated cost of$208,120. Delhi Township acknowledges the portion of $87,720 of the cost of said project. Due to required watermain oversizing,BWL's oversizing cost will be $120,400. The main extension will serve four(4) industrial customers. One-time connection fees will amount to $21,440. The estimated annual revenue is$93,600. Watermains to be installed in Summer of 1997 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. This project is contiguous to Water District No. 124 and will be constructed in conjunction with. On motion by Commissioner Strolle, and seconded by Commissioner Christian,to approve Resolutions 974-1 and 97-4-2 as presented. Adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle,O'Leary, Werbelow-(participated by speakerphone) NAYS: None ABSENT: Royal Board Minutes Page 29 April 29, 1997 UNFINISHED BUSINESS No unfinished business. NEW BUSINESS Chairman O'Leary appointed Commissioner Strolle Chair Pro Tern of the Board to fill the vacancy created by the recent death of Commissioner William Lontz. In this capacity Commissioner Strolle will preside at the Board's Committee of the Whole meetings. On motion by Commissioner Christian, seconded by Commissioner Pratt,to appoint Commissioner Strolle as the Chair Pro Tem for the remainder of this fiscal year. Adopted by the following vote: YEAS: Christian, Graves,Pratt, O'Leary, Werbelow-(participated by speakerphone) NAYS: None ABSTAINED: Strolle ABSENT: Royal (Commissioner Werbelow signed off by telephone at approximately 6:00 p.m.) GENERAL MANAGER'S REMARKS General Manager Joe Pandy reported on the following topics: Belle River Fuel Cost. General Manager Pandy reported that a letter has been sent to the Michigan Public Power Agency by Bill Cook,Director of Electric System Control Division, expressing concern over an ongoing fuels costs dispute with Detroit Edison Company's(DECo). It was noted that while DECo's fuels costs go down,Lansing's Belle River related variable costs due to power purchased from Belle River have been on the rise. A copy of the letter dated April 24, 1997,was handed out for reference. Motor Wheel Disposal Site. Mr. Pandy reported that a letter has been written to the U. S. Environmental Protection Agency(EPA),Region 5,by the Department of Environmental Quality(DEQ) -Drinking Water and Radiological Protection Division,expressing concern about clean-up activities associated with the Motor Wheel Disposal Site. EPA is also requested to take corrective action to"fast track" any necessary corrective actions for the bedrock aquifer(Saginaw Formation)and amend the Record of Decision for clean-up of the glacial aquifer to provide clean-up standards consistent with drinking water criteria. A copy of the April 18, 1997, letter was handed out for reference. Meetine on Dereeulation. Attending a luncheon to discuss deregulation issues with State Representative Dennis Olshove are Commissioners Diane Royal and John Strolle(attending in Chairman O'Leary's absence). Ottawa Power Plant Redevelopment Status. General Manager Pandy reported that positive discussions are continuing between Ottawa Park Associates,Developers(OPAD)and officials from General Motors(GM). Financial models showing alternative ways to finance the project were reviewed with GM. Mr.Pandy noted that the developers and GM are well aware that this project is in the public eye,and that time is of the essence. It is a question of whether OPAD can structure the transaction in a manner that is acceptable to GM. An added incentive for a quick decision is the fact that GM's training facility on Saginaw Street,Lansing,is coming up for renewal. Page 30 Board Minutes April 29, 1997 Commissioner Graves commented that at some point the Board may have to lock in a time frame for a decision in order to determine if the project should go out for bid. REMARKS BY COMMISSIONERS Commissioner Christian inquired about the status on the sale of the BWL Main Office Building at 123 W. Ottawa Street. General Manager Pandy responded that Joel Ferguson(Capitol Annex,L.L.C.)was advised on March 17, 1997, of the Board's understanding that a written commitment from the Speaker of the House would be forthcoming by the end of April, 1997. Chairman O'Leary indicated that the latest word he received was that the Governor's signature is needed to finalize the commitment. Following discussion,the Board agreed to request an update report from Mr.Ferguson to determine if an extension is needed. Commissioner Strolle commended Brian McLeod,Fuels Procurement Manager,for his recent price adjustment negotiation with Costain Coal Sales(MP88). PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES On motion by Commissioner Strolle, seconded by Commissioner Christian,to excuse Commissioners Royal and Werbelow from tonight's proceedings. Carried unanimously. ADJOURNMENT On motion by Commissioner Graves,the Board adjourned at 6:20 p.m. Mary E.AIV. .retary Filed: May 2, 1997 Marilynn Slade, City Clerk 16:30 APR 07, 1997 ID: BOARD OF WATER & LIG TEL NO: (517) 371-6203 #36774 PAGE: 212 , WN n n� � , REVISED NOTICE COMMITTEE OF THE WHOLE MEETING Wednesday,April 16, 1997-5:30 p.m. A meeting of the Committee of the Whole of the Board of Water and Light Commissioners of the City of Lansing, Michigan,will be held at 5:30 p.m. on Wednesday, April 16, 1997, in the second floor Board Room of the Board of Water and Light Office Building, 123 West Ottawa Street,Lansing,Michigan. AGENDA TOPICS i-TI 1. Deregulation Issues co n l 2. Proposed BWL Home Ownership Program C-) 1-71 m CO CD 3. Pension Process Update -v — co 4. Other related matters that may appropriately come before the Committee RESCHEDULED REGULAR MEETING The date of the regular meeting of the Board of Commissioners of the Board of Water and Light of the City of Lansing, Michigan, set for April 22, 1997,is changed as follows: Rescheduled Date: Tuesday,April 29,1997-5:30 p.m. Location: Second Floor Board Room Board of Water and Tight Office Building 123 West Ottawa Street Lansing, Michigan Certified by: Mary E. Sova Corporate Secretary cc: BWL: Commissioners,Executive.Staff,Bldg.Maintenance, Security(Stancliff,Cochran) City City Clerk City Council office, Mayor's office Post: 417197 Page 13 MINUTES OF BOARD OF COMMISSIONERS'MEETING LANSING BOARD OF WATER AND LIGHT Tuesday,March 25,1997 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman O'Leary. Present: Commissioners Christian, Graves,Lontz, O'Leary,Pratt,Royal, and Strolle--7 Absent: Commissioner Werbelow-1 The Secretary declared a quorum present. The Invocation was delivered by Chairman O'Leary. The Pledge of Allegiance was said by all. c� C.) APPROVAL OF MINUTES On motion of Commissioner Strolle,and seconded by Commissioner Christian,the minutes of rear meeting of February 25, 1997,were adopted. x' PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW,OR AT THE END OF THE MEETING. No persons spoke. COMMUNICATIONS AND PETITIONS A thank you letter from Commissioner William Lontz was received in appreciation for the Board's get well wishes during his recent illness. Placed on file. A letter from Dave Dempsey,Director of the Michigan Environmental Council,was received relative to the BWL's Integrated Resource Plan(IRP). Referred to staff for follow-up and response. A letter from Jennifer Norris,48845 S.Hagadorn,East Lansing,was received relative to the 1RP. Referred to staff for follow-up and response. Page 14 Board Minutes March 25, 1997 COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on March 11, 1997. Present were Commissioners Lontz, O'Leary,Pratt,Royal,and Strolle. Commissioner Werbelow participated in discussions via a speakerphone connection. Absent were Commissioners Christian and Graves. The following items were considered: 1. Lansing Home Ownership. Councilmember Paul Novak presented an overview of the Lansing Home Ownership Program for Employees(LHOPE)implemented by the City of Lansing. He encouraged the Commissioners to consider a similar program for Board of Water and Light(BWL)employees. Following discussion,the Commissioners requested that staff prepare a proposal outlining the program parameters for BWL employees who locate in the City of Lansing. An appropriation of$50,000 for loans up to$5,000 each was suggested by Councilmember Novak. Upon review,the Board will consider a recommendation for implementation. 2. Community Assistance Programs. Councilmember Novak also encouraged the Board to consider pursuing a low-income utility assistance program based on a dollar check-off on a customer's monthly utility bill. This program would be voluntarily provided by customers to recognize needed assistance to low-income customers in meeting their utility bills. Almus Thorp,Executive Director of the Greater Lansing Housing Coalition,was also present and suggested a form of utility incentive to assist homeowners who are taking distressed properties by offering a rate similar to that of the Enterprise Zone. Following discussion,staff was requested to bring back proposals addressing the above two issues for review and consideration. 3. Dimondale Dam. Bruce Miller,President of the Village of Dimondale,and Denise Parisian, Village Clerk,were present to discuss the Village Council's interest in the possible acquisition of the BWL properties within the corporate limits of the Village of Dimondale. Mr.Miller reported that the BWL's recent pressure from the Department of Natural Resources(DNR)to eliminate the dam and return the river to a natural state suggests the need for the Village Council to formalize its interest and intent in these parcels. He also reported that the Village is proceeding with the development of a recreation plan which will include a recommendation for each of the properties in question and funding efforts. The Commissioners discussed the BWL's potential liability with DNR requirements for the dam removal and containment of the silt around the dam and the impact of the tradeoffs between the liability and the asset. General Manager Pandy was requested to report back with appraisal information on the Dimondale parcels for review by the Committee. 4. Budget Overview. Treasurer/Controller Dana Tousley presented an overview of the budget process for Fiscal 1998. He described three versions of budgeting consisting of a traditional budget,"zero"budget and "market driven"budget. 5. Sale of BWL Ottawa Street Office Building. The City Council's resolution#105,adopted March 10, 1997,expressing a favorable view regarding the sale of the BWL Office Building to CapitaI Amine ,L.L.C. as a State legislative building was reviewed. After lengthy discussion,there was consensus among the Commissioners to communicate with Capitol Annex,L.L.C.that the Board awaits the developer obtaining a written commitment from the Speaker of the House by the end of April, 1997. After a commitment is obtained and the major issues with the City are negotiated,the Board of Commissioners would expect to negotiate the final details of a purchase agreement with the developer. 6. OPAD Update. General Manager Pandy presented an update on the Ottawa Power Plant project. Ottawa Park Associates,Developer(OPAD)is proceeding to arrange a meeting with representatives of General Motors' Small Car Group to discuss their training needs and building modifications. Page 15 Board Minutes March 25, 1997 7. Industry Restructuring. General Manager Pandy presented an overview of a major initiative aimed at dramatically streamlining work processes at the BWL. He briefed the Commissioners on the creation of four teams of employees to examine the following major processes that exist at the BWL: • Selling and Billing • Delivery • Producing/Procuring • Support The teams consisting of a cross section of employees are being asked to organize work around these four processes. Mr.Pandy noted that it is essential for the BWL to become a more flexible organization and able to adapt quickly to change and to take advantage of new opportunities to serve our customers. The four redesign teams have been asked to submit their recommendations by mid-June so that changes can be in place in the new fiscal year. Respectfully submitted, William D.Lontz,Chair Pro Tern COMMITTEE OF THE WHOLE On motion of Commissioner Lontz, and seconded by Commissioner Christian,the Committee of the Whole Report was accepted as presented. General Manager Pandy handed out a proposal for a Board of Water and Light(BWL)Lansing Home Ownership Program for BWL employees. This item will be discussed at the Committee of the Whole meeting in April. An executive summary of the appraisal report prepared by Appraisal Associates,Inc. on the vacant BWL land in the Village of Dimondale was handed out for review. Mr.Pandy reported that a memorandum of understanding is being drafted that enunciates the Village's assumption of the responsibility on what this transaction would encompass relative to the Department of Natural Resources matters. With regard to the sale of the BWL Ottawa Street Office Building, Chairman O'Leary reported that a letter from the Board of Commissioners has been sent to Capitol Annex,L.L.C. stating the Board's position, as noted in the Committee of the Whole Report,above. With regard to the Ottawa Power Plant redevelopment project,General Manager Pandy told the Board that a meeting was held March 25, 1997,between General Motors' (GM)Small Car Group management and the United Auto Workers' union to discuss training needs. The prospect of the plan to use the Ottawa Street Power Plant for training workers continues to be under active discussion. PERSONNEL COMMITTEE REPORT The Personnel Committee met on March 19, 1997,to discuss(1)the Pension Fund Quarterly Report and(2)to hear Pension Fund Investment Consulting and Money Management Presentations. Present were: Commissioners Strolle(Chair),Christian,O'Leary,Pratt, and Royal. Commissioner Werbelow participated in the discussion via speaker phone. Treasurer/Controller Dana Tousley reviewed the quarterly pension fund report. Interviews and discussions were held with the following consultants regarding outside money management and investment consulting. Page 16 Board Minutes March 25, 1997 • Chuck Sargent - Everen Securities • Harvey Gammage - Smith Barney • Thad Zale and Ernst Kasower - Merrill Lynch • Mark Dixon and Harry Buttorf - Plante&Moran • Glenn Murray - Smith Barney Staff will prepare a summary of the alternatives discussed,including the costs and benefits of each option for Commissioners review. The proposed amendment to Pension Investment Policy Section VIR was tabled by the Commissioners for future consideration. Respectfully submitted, John Strolle, Chair Personnel Committee On motion of Commissioner Strolle,and seconded by Commissioner Christian,the Personnel Committee Report was received and placed on file. GENERAL MANAGER'S RECOMMENDATIONS CORPORATE PLANNING Res.No.97-3-1 WHEREAS, certain real property, (known as property at North Grand Avenue/East Shiawassee Street)more particularly described below,is under the jurisdiction of the BWL;and, WHEREAS, the City of Lansing by its Public Service Department desires to use such real Property for the purpose of storm water sewer and outlet;and, WHEREAS,pursuant to 5-202.7 of the Lansing City Charter,the BWL and other agencies of the City are encouraged to cooperate on projects deemed to be beneficial to the City,and, Property Description The northerly 45 feet of the southerly 99 feet of lot 9 of block 66,Dri 'nal plat of the Town Of Michigan,now City of Lansing,Ingham County,Michigan,as recorded in Liber 2,pages 36-38,Ingham County Plats, and also described as the 45 feet wide parcel of land fronting on North Grand Avenue immediately south of East Shiawassee Street between the east line of North Grand Avenue and the west side of the Grand River. NOW, THEREFORE,be it resolved,that the aforementioned property is,at present, not needed in its entirety for utility operational purposes and may be used by the City of Lansing by its Public Service Department for a storm water sewer and outlet. Further,that the General Manager is authorized to execute a use agreement, subject to approval of BWL legal counsel,granting consent to the City of Lansing by its Public Service Department to use the property solely for storm water sewer and outlet purposes. Further,should the property cease to be used by the City Board Minutes Page 17 March 25, 1997 of Lansing by its Public Service Department for storm water sewer and outlet purposes, it shall revert to the jurisdiction of the BWL, to be used for utility purposes. The reconstruction of the Shiawassee Street Bridge required the City to relocate, replace and modify the storm water sewer and outlet to the Grand River previously located in the Shiawassee Street right-of-way. The new underground structures are located within the northern portion of the Board's property at the corner of North Grand Avenue and Shiawassee Street and will not interfere with the future development of the property or the Ottawa Street Station redevelopment. Res.No. 97-3-2 WHEREAS,certain real property(known as river bank property at Eckert Station),more particularly described below, is under the jurisdiction of the BWL;and, WHEREAS,the City of Lansing by its Parks and Recreation Department desires to use such real property for the purpose of an extension of River Trail West;and, WHEREAS,pursuant to 5-202.7 of the Lansing City Charter,the BWL and other agencies of the City are encouraged to cooperate on projects deemed to be beneficial to the City;and, Property Description Commencing at the Center of Section 21,T4N,R2W, City of Lansing,Ingham County,Michigan;thence N 89" 50'47' W,parallel with the southerly right-Of-way line of the Grand Trunk Railroad,784.49 feet;thence S 00°00'00" W,296.38 feet to the point of beginning on the northerly waters edge of the Grand River,thence N 17' 37' 17" E, 37.39 feet;thence N 37°41'39' E,42.50 feet;thence N 78'20' 15" E, 99.70 feet;thence N 391 30'25' E,224.50 feet;thence S 89'50'47' E, along the southerly right-of-way line of the Grand Trunk Railroad,20 feet;thence southwesterly along the waters edge of the Grand River to the point of beginning. NOW,THEREFORE,be it resolved,that the aforementioned property is,at present,not needed in its entirety for utility operational purposes and may be used by the City of Lansing by its Parks and Recreation Department for River Trail West purposes. Further,that the General Manager is authorized to execute a use agreement,subject to approval of BWL legal counsel,granting consent to the City of Lansing by its Parks and Recreation Department to use the property solely for River Trail West purposes. Further, should the property cease to be used by the City of Lansing by its Parks and Recreation Department for River Trail West purposes,it shall revert to the jurisdiction of the BWL,to be used for utility purposes. A portion of the River Trail West is to be constructed on and along a portion of the river bank at the Eckert Station. The City, as part of the use agreement and at their expense,will be responsible for security fencing,landscaping and protection of any BWL utility facilities within the above described area. Page 18 Board Minutes March 25, 1997 On motion by Commissioner Strolle, and seconded by Commissioner Royal,to approve Resolutions 97-3-1 and 97-3-2 as presented. Adopted by the following vote: YEAS: Christian, Graves,Lontz,Pratt,Royal, Strolle,O'Leary NAYS: None ABSENT: Werbelow ELECTRIC PRODUCTION Res.No.97-3-3 That the Board enter into a Coal Supply Agreement("Agreement")with Venture Energy,a partnership of NERCO Coal Sales Company and DTE Coal Services,Inc. ("Seller")for the supply of Western Powder River Basin(PRB")coal to be used in a test bum project at the Board's Eckert Station, subject to approval as to form by the BWL's legal counsel. The Agreement particulars are as follows: I. The term of this agreement will be through July 31, 1997, unless otherwise extended upon mutual consent by the parties. 2. The Seller will provide up to 100,000 tons of PRB coal from its Antelope Mine located in Wyoming. 3. The Seller will arrange all of the transportation logistics for delivery to Eckert Station. 4. The purchase price for the tonnage sold and delivered by Seller shall be$25.78 per net ton F.O.B. Eckert Station. This equates to delivered price of$1.465 per mmbtu based on a guaranteed 8,800 Btu/lb coal quality. By entering into this Agreement with Venture Energy,the BWL will be able to conduct a test bum of$100%PRB coal at Eckert Station unit#6 to further its knowledge and experience utilizing these different types of coals to prepare itself to effectively and efficiently reduce electric generation costs for the benefit of our customers. The test bum is tentatively scheduled to commence May 1, 1997, and is expected to run for ninety(90)days. On motion by Commissioner Strolle,and seconded by Commissioner Lontz,to approve Resolution 97-3-3 as presented. Adopted by the following vote: YEAS: Christian, Graves,Lontz,Pratt,Royal, Strolle,O'Leary NAYS: None ABSENT: Werbelow Board Minutes Page 19 March 25, 1997 ELECTRIC SYSTEM CONTROL Res. No. 97-34 It is recommended that R. W. Beck,Inc.,perform an electric rate unbundling study with a cost not to exceed$76,600. This study is needed for the Electric Utility to assess its unbundled costs and develop policy recommendations for competing in a deregulated environment. Results of this study will be a determination of stranded/transitional costs and unbundled functional costs(i.e. Power Supply, Transmission,Energy Delivery and Customer Services). The study will also address policy impact and rate making strategies. Also, the study has the option of developing a retail access pilot program. If this option is not done the study cost will be reduced by$14,000. A consultant with national experience in these matters will provide insight and assistance that will supplement staff s work in preparing for deregulation. Resource Management International bid was$136,300 for this study. On motion by Commissioner Strolle, and seconded by Commissioner Graves,to approve Resolution 97-3-4 as presented. Adopted by the following vote: YEAS: Christian, Graves,Lontz,Pratt,Royal, Strolle, O'Leary NAYS: None ABSENT: Werbelow LEGAL Res.No. 97-3-5 Purchase the following insurance coverage: Public Officials and Employees Liability Insurance from Lyman and Sheets Insurance Agency representing the First Re-insurance Company of Hartford for one year at an annual premium of $55,000. This would provide a limit of liability of$5 million and a retention of$50,000 per loss or per insured individual. This selection is viewed as the best value. The BWL's expiring coverage is with the Voss Insurance Services representing the Coregis Insurance Company for$5 million at an annual premium of$69,125. Page 20 Board Minutes March 25, 1997 The BWL also received bids from the Voss Insurance Services representing Coregis Insurance Company, Inc.,for$5 million for$65,668, and Independent Insurance Centre, representing Reliance National Insurance Company,for$5 million for$63,818. Renewal of this coverage will be negotiated for the next two year. On motion by Commissioner Strolle,and seconded by Commissioner Royal,to approve Resolution 97-3-5 as presented. Adopted by the following vote: YEAS: Christian, Graves,Lontz,Pratt,Royal, Strolle,O'Leary NAYS: None ABSENT: Werbelow * * * TECHNICAL SERVICES/ELECTRIC PRODUCTION Res.No.97-3-6 It is recommended that the BWL enter into a three-year agreement with Envirologic Technologies,Inc.,for completion of the annual Relative Accuracy Test Audits(RATA)for the Continuous Emissions Monitoring Systems on our Electric Generating Units. This recommendation is based on the lowest and best evaluated bid received. The total bids received are as follows: 1. Envirologic Technologies,Inc.,Ann Arbor,MI-$35,205/year. 2. EMC Analytical,Inc.,Gilberts,IL-$39,865/year. 3. Kilkelly Environmental Assoc.,Raleigh,NC-$41,700/year. The Continuous Emissions Monitoring Systems are used to monitor the flue gas emissions from our boilers and the USEPA,under the Clean Air Act Amendment(CAAA)of 1990, requires completion of annual RATA's to insure their accuracy. For the past two years the RATA's have been contracted on an individual annual basis;FY 1996-$44,945 and FY 1997-$39,865. This three year agreement reduces our annual RATA costs approximately 15%in addition to reducing the costs of soliciting and evaluating bids on an annual basis. On motion by Commissioner Strolle,and seconded by Commissioner Pratt,to approve Resolution 97-3-6 as presented. Adopted by the following vote: YEAS: Christian, Graves,Lontz,Pratt,Royal, Strolle,O'Leary NAYS: None ABSENT: Werbelow * * * * Board Minutes Page 21 March 25, 1997 WATER Res. No. 97-3-7 That the Board agree to serve water to proposed Water District No. 122,Delhi Township,as requested by resolution of the Delhi Charter Township Board on April 2, 1996,and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972,covering the furnishing of a potable water supply in Delhi Township,the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 122 established by Township resolution and will provide a potable water supply to said district. 2. The Township will be required to make a$38,250 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement 00P covering the furnishing of a potable water supply in Water District No. 122. 4. Water mains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further,that upon receipt of the sum of$38,250 from the Township,the project be approved for installation,and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement C)QGI)to furnish a potable water supply in Water District No. 122. The geographical area of Water District No. 122 is as follows: College Heights Estates Phase 5, Lots 87 through 109. To provide a potable water supply within the proposed new district requires the installation of 1500 feet of water main and fire hydrants at an estimated cost of$38,250. The main extension will serve twenty-three(23)residential customer. One-time connection fees will amount to$21,689. The estimated annual revenue is$7,820. Water mains to be installed in Summer of 1997 following the receipt of the Township's non- refundable contribution-in-aid of construction and the signing of the agreement. Prior Board action by Resolution 96-7-9, adopted July 30, 1996,to serve water to proposed Water District No. 122-College Heights Estates Subdivision Phase 5,Lots 87 through 109,Delhi Township,is hereby rescinded and superseded by this new Board resolution 97-3-7 to reflect 1997 water main construction costs. On motion by Commissioner Christian,and seconded by Commissioner Lontz,to approve Resolution 97-3-7 as presented. Adopted by the following vote: YEAS: Christian, Graves,Lontz,Pratt,Royal, Strolle,O'Leary NAYS: None ABSENT: Werbelow Page 22 Board Minutes March 25, 1997 UNFINISHED BUSINESS No unfinished business. NEW BUSINESS No new business. GENERAL MANAGER'S REMARKS General Manager Joe Pandy reported on the following topics: Eckert Unit Experiences Major Bearing Failure. A scheduled maintenance outage for Eckert Station's unit#4 will be extended a couple of weeks due to extensive damage to the turbine and generator rotors. Repairs are estimated to be on the order of$350,000 by awarding the job to the three lowest bidders. Each bidder specializes in certain areas,and staff analysis indicates a savings by spreading the repair among the three contractors. The unit is expected to be back in service in mid-June. 1996 Capital Choice Report. The Board received a copy of the 1996 Capital Choice report. General Manager Pandy highlighted the progress of various projects in the Lansing region. Local Initiatives Support Corporation(LISC). General Manager Pandy is serving on the Lansing Advisory Committee for the Local Initiatives Support Corporation. LISC is a national non-profit intermediary which provides financial and technical resources to community-based development corporations to help transform distressed neighborhoods into healthy communities. LISC's national private sector sponsors provide matching funds for contributions made by local businesses and foundations to the Lansing LISC program. LISC has set a goal of generating$580,000 by July 1997 in contributions and pledges from corporations. Improvements from the BWL for street lights or water mains were suggested as in-kind services in lieu of a cash contribution. Analysis of Pending Transmission Cases. General Manager Pandy handed out a confidential analysis of active cases before the Federal Energy Regulatory Commission(FERC)in which the Michigan Public Power Agency (MPPA)is involved. The implications of the various cases will be discussed in greater depth at the April Committee of the Whole meeting. BWL is Top Fundraiser for Junior Achievement. The BWL was the top fundraiser for the Junior Achievement campaign, raising$7,900. Employees Ron Ishimoto,Jim Robie, Steve Simpson,and Wendy Bradley were four of the top twenty fundraisers for the BWL. Ice Storm Update. The Lansing area experienced its worst ice storm in 12 years. General Manager Pandy briefed on the BWL's service restoration work following the major ice storm on the morning of March 14, 1997. Service was interrupted to more than 20,000 BWL electric customers. Municipal utility crews from Holland,Lowell, Grand-Haven-and-Portland d-assisted-B-WL—line-workers-in-restoring-service4o-all-bat-about-1-00 customers by the end of the next day. Contract crews and additional tree trimming crews were also brought on board to help with restoration efforts. Mr. Pandy noted that the BWL was able to achieve complete electric service restoration three to four days ahead of the large investor owned utilities. Copies of thank you letters were handed out from customers acknowledging the BWL employees' outstanding response to the ice storm. U. S. Electric Utility Statistics Reviewed. General Manager Pandy presented an overview of U. S. and Michigan electric utility statistics based on 1995 data compiled by the American Public Power Association(APPA). The analysis compared electric rate categories with BWL residential,commercial and industrial rates;average revenue per kilowatt-hour(kWh); capacity factor for approximately 1,200 fossil fuel-fired plants, including their heat rates and distribution by plant capacity. Plant operations and maintenance costs by region were also compared to BWL plants. Page 9 MINUTES OF BOARD OF COMMISSIONERS' MEETF!R,;— LANSING BOARD OF WATER AND LIGHT _ tLi G8 Fii 9: 20 Tuesday,February 25, 1997 LAN SING CITY CLERK The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street, Lansing,Michigan. The meeting was called to order by Chairman O'Leary. Present: Commissioners Christian, Graves,O'Leary,Pratt, Strolle, and Werbelow--6 Absent: Commissioners Lontz and Royal--2 The Secretary declared a quorum present. The Invocation was delivered by Chairman O'Leary. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES On motion of Commissioner Strolle, and seconded by Commissioner Christian,the minutes of regular meeting of January 28, 1997 were adopted. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW,OR AT THE END OF THE MEETING. No persons spoke. COMMUNICATIONS AND PETITIONS There were no communications. COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on February 4, 1997, to receive a status report on the Integrated Resource Plan and to develop the agenda for the Board's planning retreat scheduled for February 25. Present were Commissioners Christian,Lontz,O'Leary,Pratt,Royal and Strolle. Excused absences were Commissioners Graves and Werbelow. Integrated Resource Plan. Manager of Electric Planning& System Studies,Doug Wood,presented an update on the Integrated Resource Plan(IRP). The IRP is a comprehensive long-term study of the lowest cost options for supplying electric and steam loads for the next twenty(20)years. To date, the following activities have taken place: Page 10 Board Minutes February 25, 1997 • Held a public hearing to further consider whether to conduct an IRP, • Adopted new federal standards on integrated resource planning in October 1995 as defined in the Energy Policy Act of 1992. • Formulated a Citizens' Advisory Committee representing all rate classes and convened three sessions for input. • Prioritized customers' energy supply issues and values based on the Citizens Advisory Committee and customer telephone survey. • Completed study analysis based on the following: • electric and steam load and energy forecasts, • evaluation of existing resources, • use of information from customers, staff and consultants, and • twenty(20)year horizon. Preliminary conclusions indicate the BWL has adequate capacity and reserves until the year 2013 for Electric and until the year 2015 for Steam. Modifications to capacity will need to be justified on the basis of economic savings through the synergy of technologies applicable to both electric and steam production. Remaining activities include: • evaluate combined electric and steam options, • conduct sensitivity analysis, • inform Citizens Advisory Committee and customers, and • finalize the report. The IRP will provide a direction for further discussion and decision making. Planning Retreat. The agenda for the Board planning retreat set for February 25 was finalized. The Board will focus on its shared vision for the utility. Respectfully submitted, William D. Lontz, Chair Pro Tem COMMITTEE OF THE WHOLE On motion of Commissioner Strolle, and seconded by Commissioner Christian, the Committee of the Whole Report was received and placed on file. GENERAL MANAGER'S RECOMMENDATIONS LEGAL-Resolution No. 97-2-1 On motion by Commissioner Strolle,and seconded by Commissioner Christian,to approved the following resolution: RESOLVED, That the General Manager be authorized to retain the following law firms as special counsel on an as-needed basis: 1. Miller, Canfield,Paddock and Stone,P.L.C. 2. Butzel Long,P.C. These firms shall be retained for a period of two years and shall be reimbursed at their respective hourly rates. They will provide as-needed advice in the areas of public finance, municipal law, general commercial litigation, real estate, environmental law,and employment law. After consultation with the City Attorney, Varnum d Minutes Page 11 i-ebruary 25, 1997 Riddering has been removed from the list of previously approved firms, while Miller, Canfield and Butzel Long have been added. These firms, in addition to the four firms which had been approved by the Board in Resolution 96-10-1, were also approved by Lansing City Council. Use of special counsel would be subject to the recommendation of Staff Counsel and the approval of the General Manager. Adopted by the following vote: YEAS: Christian, Graves, O'Leary,Pratt, Strolle NAYS: None ABSTAIN: Werbelow ABSENT: Lontz,Royal UNFINISHED BUSINESS No unfinished business. NEW BUSINESS There being no objection, Commissioner Werbelow offered the following resolution: ADMINISTRATIVE-Resolution 97-2-2 RESOLVED,That the Board forward a letter to the President of the Lansing City Council advising the City Council that the Board has been requested by Capitol Annex,L.L.C. to reactivate the agreement for the sale of the Board of Water and Light Office Building at 123 W. Ottawa Street and associated parking lot at 221 N. Capitol Avenue approved by Resolution#714 of the City Council,that the Board is considering the request and asking the City Council for its input. On motion by Commissioner Strolle, and seconded by Commissioner Christian, to approve Resolution 97-2-2 as presented. Adopted by the following vote: YEAS: Christian, Graves,Pratt, Strolle, O'Leary, Werbelow NAYS: None ABSENT: Lontz,Royal GENERAL MANAGER'S REMARKS General Manager Joe Pandy reported on the following topics: Ottawa Power Plant Redevelopment Status. A tour of General Motors(GM)trainers and union officials was held February 21 at the Ottawa Power Plant. Mr. Pandy reported that the group seemed enthusiastic about the possibility of relocating GM's Small Car Group's training needs to the Ottawa facility. The redevelopment project would include space for robotics assembly equipment to be used for training purposes. Mr. Pandy indicated that the emphasis has shifted from using the Ottawa Power Plant as Oldsmobile's Vision Center for training and motivating sales staff to a manufacturing mode--using the facility to train workers at Lansing's car assembly and chassis plants. The Vision Center is still being considered,but it would probably be a smaller project than originally anticipated. Page 12 Board Minutes February 25, 1997 Water Rates Impacted by Sewer Rate Increases. An analysis of the potential impact of sewer rate increases to water bills was handed out. The tabulation depicted that if the sewer rates increase 20%, 30%, or 40%, water rates would increase 6.51%, 10.08%, or 14.02%respectively. For every 1%increase in the total cost of water and sewer, sales decline.5%. Erickson Station Off Line. Erickson Station was taken off line on February 24 due to a failure of a 1,000 pound bearing in the preheater,which is an integral part of the combustion system. Electric Production Director Jack Hill told the Commissioners that a replacement bearing is being shipped for installation. If there are no other long lead-time items that need to be repaired,Erickson Station is expected to be back on line by March 1. APPA Seminar Focuses on Dereealation and Competition. Mr.Pandy reported on an American Public Power Association(APPA)seminar he recently attended on deregulation and competition. He highlighted major issues covered at the conference, noting that the electric utility industry is changing very rapidly. He briefed on new services being offered by utility companies such as communications, natural gas, appliance services, security systems, satellites,etc. He concluded his remarks by naming the four"C's"of competition,which are: (1)Customer Choice, (2)Consolidation, (3) Convergence of Industries(i.e.,electric, gas,communications)and (4) Cost Cutting. REMARKS BY COMMISSIONERS Commissioner Strolle commented on the productive Board planning retreat held February 25. The Commissioners agreed to schedule retreats on a regular basis for planning purposes. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES On motion by Commissioner Strolle, seconded by Commissioner Christian,the absences of Commissioners Lontz and Royal were unanimously adopted. ADJOURNMENT On motion by Conunissionei Giaves, the Board adjourned at 6:02 p.m. A ¢ X 1OlILU Mary E. Sq Secretary Filed: February 28, 1997 Marilynn Slade, City Clerk MINUTES OF BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT CI I Y CLER" Tuesday,January 28, 1997 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street, Lansing,Michigan. The meeting was called to order by Chairman O'Leary. Present: Commissioners Graves,Lontz,O'Leary,Pratt,Royal, Strolle-6 Absent: Commissioners Christian and Werbelow(out of town)-2 The Secretary declared a quorum present The Invocation was delivered by Chairman O'Leary. The Pledge of Allegiance was said by all. On motion of Commissioner Strolle, )ntz,the minutes of regular meeting of December 17, 1996 were adopted. CHAIRMAN O'LEARY ANNOUNI 'UBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA _UBJECT NOW,OR AT THE END OF THE MEETING. Lloyd Teets, 116 E. Elm Street,Lansing,congratulated the Board of Water and Light(BWL)for the increased steam sales to General Motors. He also commented that change is going to come to the electric industry and that instead of spending money for a lobbyist he would rather see the Board be proactive than reactive. COMMUNICATIONS AND PETITIONS A thank you letter from Commissioner Peter Pratt and spouse Linda Pratt was received in appreciation for the congratulatory cards received on the birth of their daughter. Placed on file. A letter from James E. Harken was received requesting that the BWL's written response to questions raised in his letter dated January 7, 1997,be given to Lloyd Teets at the regular meeting on January 28, 1997. Placed on file. Page 2 Board Minutes January 28, 1997 The following report was read by Commissioner Royal: FINANCE COMMITTEE REPORT The Finance Committee met on January 9, 1997, to receive the report of the Internal Auditor. Committee Members Present: Commissioners Christian(Chair), Lontz,Royal, and Werbelow. Role of the Internal Auditor. As background information for the newer Commissioners,Internal Auditor Kellie Willson provided an overview of the role of the BAIL Internal Auditor position. The Internal Auditor reports directly to the Board and provides an independent appraisal to the Board on financial and operational activities of the Board of Water and Light(BWL). The primary role of the Internal Auditor is to: • conduct audits of assigned organizational and functional activities, • evaluate the adequacy and effectiveness of management controls over those activities, • determine whether organizational units at the BWL are performing their planning, accounting,custodial or control activities in compliance with management guidelines, policies and procedures, • report audit findings and make recommendations for correcting unsatisfactory conditions, improving operations and reducing cost,and • perform special audits at the request of management 1996 BWL Analytical Review. The first step taken by the Internal Auditor in evaluating the system of internal control was to perform an analytical review of the BWL. Graphs developed in performing an analytical review were presented. The graphs indicate key relationships and trends from 1984 through 1996 and they point to critical success factors. Each graph provides useful information,but in particular the following trends were noted: • the BWL's continuing financial stability and asset growth, • the improvement in net income and return on assets, and • the significant impact of paying the return on equity to the City. City of Lansing Internal Audit Retort. A report prepared by the City of Lansing Internal Auditor,dated October 10, 1996,was reviewed. Internal Auditor Willson called attention to certain discrepancies found in the report. Following discussion,it was suggested that BWL staff should contact the City's Internal Auditor to review the information in question. FINANCE COMMITTEE Ernest Christian, Chair William Lontz Diane Royal Judson Werbelow On motion of Commissioner Royal, seconded by Commissioner Pratt, and unanimously carried,the report was received and placed on file. GENERAL MANAGER'S RECOMMENDATIONS On motion by Commissioner Strolle, seconded by Commissioner Lontz, the following Electric Production resolution was adopted unanimously: ELECTRIC PRODUCTION-Res. No. 97-1-1 It is recommended that a contract be awarded to Sargent and Lundy in the amount of$155,000 to complete an engineering evaluation study for conversion of the Eckert and Erickson Stations to burn western coal. This study Board Minutes Page 3 January 28, 1997 was not included in the FY 1996/97 Planned Capital Projects, however, the approval of these funds will not increase the overall Planned Capital Project Budget for the Electric Utility. This recommendation is based on Sargent and Lundy providing the lowest and best evaluated bid to complete the study. Other bids received are as follows: Stone and Webster -$182,500 Stanley Consultants- $201,000 Investigations by BWL staff have determined that a large number of Utilities are utilizing western coal to lower their generation costs and meet future competition. Current estimates for purchasing western coal show approximately a 25%reduction in fuel costs,which corresponds to a potential savings of$150,000,000 to the BWL over the next 20 years. Burning western coal safely and efficiently will require extensive modifications to the BWL generating plants with cost estimates in the range of$18,000,000 to$40,000,000. The recommended evaluation study is the next step in our efforts to determine the total scope of work required,the costs involved and the most economic plan for the future. On motion by Commissioner Strolle, seconded by Commissioner Lontz,the following Human Resources resolution was adopted unanimously: HUMAN RESOURCES-Res.No.97-1-2 That the Leaves of Absence Policy, as adopted by the Board on April 14, 1975 and as changed in September 28, 1982, September 25, 1990,and February 22, 1994,be approved to include the following changes to Injury or Illness Leave(s)section. (Old wording is shown with sW;kethFeugl}and new wording is in bold,italic.) During any such leave due to compensable illness or injury,pension service credit shall be retained but shall not be accumulated. An employee on compensable illness or injury leave shall not lose pension service credit until having been on such leave for a period equal to the pension service credit accumulated at the time the leave began(not to exceed€Yve(5)two(2)years)or as provided by the FMLA The Leaves of Absence Policy has been updated to comply with negotiated changes for both Bargaining and Non- bargaining unit employees for both the Injury and Illness Leave. The change affects future Leave of Absences only. The entire BWL Family Medical Leave(FMLA)Policy is enclosed for your reference. On motion of Strolle,seconded by Commissioner Royal,the following Pension resolution was adopted unanimously: PENSION-Res. No.97-1-3 That Ronald N. Kelley, Customer Account Representative in Consumer Services,be placed on an early reduced pension of$1,773.18 per month effective January 2, 1997. He has selected Option VI with the provision that after his death, if his wife, Carol J. Kelley, survives him she will receive 70%or$1,241.23 per month for the rest of her life as provided under Option VI. If his wife predeceases him,the pension amount of$1,773.18 will revert back to the regular pension amount of$1,954.59 for the rest of his life, as provided under Option VI. Mr. Kelley has worked for the BWL for 33.24 years and is 54 years of age. Page 4 Board Minutes January 28, 1997 On motion of Commissioner Strolle, seconded by Commissioner Royal, the following Technical Services resolutions were adopted unanimously: TECHNICAL SERVICES- Res. No. 97-14 It is recommended that the Board of Water and Light(BWL)enter into a five year agreement with U.S. Ash Company of Essexville,Michigan, subject to approval of the Board's Legal Counsel,for the Marketing and Disposal of Coal Ash generated from Eckert, Erickson and Moores Park Stations,at an estimated annual cost of $480,000. The existing agreement with U.S. Ash provides for the marketing of flyash generated by any of the above facilities. The new agreement will expand on this to include the proper landfilling of ash that can not be marketed. Currently,ash that is not marketed is disposed of at the BWL's North Lansing Landfill(NLL). Based on the average of the previous five years of total production,tons landfilled,and tons marketed,this agreement has the least cost of the alternatives evaluated. Other alternatives to this recommendation were: Marketing by U.S. Ash, landfilling to new cell at NLL by BWL $870,000 Marketing by U.S. Ash, landfilling to commercial landfill by BWL $830,000 Systech Resource Recovery Services proposal $787,000 "As Is" -Marketing by U.S. Ash, landfilling to NIL by BWL. (Not an option); $610,000 Trans Ash Company did not submit a bid. TECHNICAL SERVICES-Res.No.97-1-5 It is recommended that the existing two year Contracts for Professional Services for the following Consultants,be extended one year based on satisfactory performance on work completed and in progress. The original Contracts, which expire on February 28, 1997, contain provisions to extend the term on an annual basis. 1. Novak Engineering,Inc.,Jackson, Michigan 2. SFT,Inc.,Toledo,Ohio 3. Stanley Consultants,Inc.,Muscatine,Iowa 4. Stone and Webster,Inc.,Boston,Massachusetts. Over the last two years the BWL Project Engineering and Electric Engineering Departments have utilized these Consultants to supplement existing staff on projects and studies requiring outside expertise. The Consultants have also been utilized to meet project demands without replacing personnel lost during recent staff reductions. This continued approach of retaining Consultants will: 1. Reduce evaluation time and bidding costs by staff. 2. Improve project response time to meet our needs. 3. Maintain BWL competitiveness due to staff and cost reductions. The utilization of these consultants will continue to be approved by the General Manager or the Purchasing Authority delegated by him to the Directors and Managers of the Electric and Technical Services Divisions. Board Minutes Page 5 January 28, 1997 On motion of Commissioner Strolle, seconded by Commissioner Royal, the following Water Utility resolution was adopted unanimously: WATER-Res. No. 97-1-6 That Board of Water and Light charges for water service installations be changed,effective January 1, 1997,as follows: Size Main-To-Curb-Box Curb-Box-To-Bldg. Current Proposed Current Proposed Fee 1997 Fee Fee 1997 Fee 3/4" $740 $760 $12.85 $13.17 1" $890 $850 $13.15 $13.55 The new proposed fees reflects a 2.7%increase in the 3/4"and 4.5%decrease in the 1"main-to-curb-box;and an increase of 2.5%in the 3/4" and a 3%increase in the 1"curb-box-to building. The reduction in main-curb box charge for 1" services should occur due to the change from a residential standard of 1"instead of 3/4". It is recommended that we eliminate the charges for 1 1/2"and 2" services and go to a firm cost"estimate". It is not fair to our customers to try to establish standard charges based on a small number of installations: (example: only six 1 1/2"leads were installed in FY'96). Although standards.will have to be established as guidelines for the "estimator", this will be more equitable for our customers and the BWL. The additional charge of$3.00 per foot for adverse winter weather conditions will remain in effect. On motion of Commissioner Strolle, seconded by Commissioner Royal, the following Corporate Planning resolution was adopted unanimously: CORPORATE PLANNING-Rea No.97-1-7 It is recommended that the following described property be declared surplus and not required for Board of Water and Light Operations: Lots 9 and 10 in Meadowlawn Subdivision in the NE 1/4 of Section 12,T4N,R3W,Charter Township of Delta,Eaton County, State of Michigan. Further that the General Manager and Corporate Secretary be authorized to enter into agreements for the disposition of this property, subject to the requirements of the Lansing City Charter and subject to all funds or proceeds being retained by the Board of Water and Light for its operations. GENERAL MANAGER'S REMARKS General Manager Joe Pandy reported on the following topics: Main Office Building Sale Status. The earnest money deposits for the Board of Water and Light(BWL)Main Office Building real estate transactions have been returned to the Vlahakis Companies and Capitol Annex,L.L.C. (a.k.a. Granger Company). Both transactions have lapsed;consequently, there are no matters pending on the sale of the building at this time. Mr. Pandy noted that the BWL stands ready to cooperate with the City of Lansing in trying to develop the City Hall Annex or the entire block. Page 6 Board Minutes January 28, 1997 Electric Competition is Heating Up. In a utility first,the Southern Company will start airing ads on national television on January 20, promoting its low-cost energy and aggressive position in the new competitive energy markets. The Northern California Power Agency(NCPA)and Enron Corporation also announced a multi-million dollar national advertising campaign, designed to compete in a deregulated business environment. Electric,Water and Steam Sales Are Up. Mr. Pandy reported that while steam sales are growing 70 percent with the new General Motors' steam agreement,water sales have increased by 24 percent with the wholesale service agreements with Lansing and Delta Townships. The BWL electric utility is also aggressively marketing its surplus capacity to other utilities on a daily and hourly basis. Export sales over the past year have been excellent, amounting to approximately 20 percent of total megawatt-hours. Sales are expected to exceed last year's total. Mr. Pandy briefed on the BWL's involvement in the electricity commodity market. The BWL is buying and selling electricity on behalf of the Michigan Public Power Agency(MPPA)pool,which represents eight cities. MPPA is connected to the OASIS (On-line Available System Information System)of Michigan cities. He noted that it will be a growing part of the BWL to market surplus when it serves to keep rates low for customers. Wendy Bradley Recognized for ASTM Involvement. Wendy Bradley of Fuels Supply and Results was congratulated for her key role with the American Society of Testing Materials(ASTM)--a prestigious national organizational on testing of raw materials. Wendy Bradley is involved in the Hardgrove Grindability Index(HGI) Task Force in reviewing the standards on testing the hardness of coal. Larry Wilhite Appointed to Capital Region Community Foundation Board. Staff Attorney Lary Wilhite was congratulated for his willingness to serve on the Board of the Community Foundation—a community charity foundation. Dave Emmons Elected Vice President of the Lansing Area Safety Council. Electric Transmission& Distribution Director Dave Emmons was congratulated on his election as vice president of the Lansing Area Safety Council. BWL PIPELINE Features Article on Steam Sales to GM's Lansing Car Assembly Body Plant. Copies of the January 1997 issue of the BWL PIPELINE were handed out. The publication reports on the new steam agreement with General Motors' (GM)Lansing Car Assembly Body Plant,Fabrication Plant and the Craft Centre. Coal Handling Crew Commended For Preventing Serious Train Collision at Eckert Station. A BWL coal handling crew was saluted by General Manager Pandy for their quick response,averting a serious train accident at Eckert Station on December 21. A full report on this incident is detailed in the January issue of BWL PIPELINE. Mr. Pandy noted that enhancements have been put in place to address safety concerns. New Steam Main Status Report. Steam Utility Director Joette Woodard-Yauk reported that the new steam line was scheduled to have steam blown through it in January to clear it of any debris that may have accumulated in the main during construction_ Difficulties were encountered by the contractor in the startup process of warming the two-mile long line. A rescheduled date is being set sometime within a week for this operation. Lansing Hope Ownership Program for Employees(LHOPE). Councilmember Paul Novak has requested an opportunity to speak to the Board regarding a home ownership program for the BWL, similar to the City's LHOPE. The City's program provides$5,000 as a loan to employees who relocate into the City. The loan provides an attractive interest rate for a five-year period,with one-fifth of the principle forgiven for each year the employee remains a City resident. The LHOPE was modeled after a program started by Sparrow Hospital. Councilmember Harold Leeman Strives to Improve Security With Streetlights. General Manager Pandy expressed his appreciation to Councilmember Harold Leeman for his role in identifying streetlight areas in his ward that needed increased security. His collaborative efforts with BWL employees to address constituent concerns were recognized. Board Minutes Page 7 January 28, 1997 APPA Workshop for Elected and Appointed Public Power Members. The American Public Power Association (APPA)is offering a workshop on April 3-5, 1997,for elected and appointed public power board and city councilmembers focusing on the responsibilities and processes of electricity utility board work and policy setting in a competitive environment. Committee of the Whole Meeting Rescheduled for February 4,1997. Planning Agenda for Board Retreat. Agenda topics for the February 4 Committee of the Whole meeting include the Integrated Resource Plan(1RP)and planning the agenda for the Board Retreat. The retreat is set for February 25,from 12:00 noon to 5:00 p.m., at the Riverview Center,Lansing. Chairperson O'Leary commented that the first retreat session should deal with basic issues such as the duties and responsibilities of the Board. Key topics suggested by the Commissioners for future retreat sessions include policy issues,long-range planning and deregulation. Customer Attitude Survey Overview. Communications Director John Strickler presented an executive summary of the residential customer attitude survey completed in December, 1996,by the energy research and consulting firm of Market Strategies(MSI). He reported that the results indicate overall favorability(83%)remains near the top of utilities surveyed by MSI. Overall satisfaction,basically unchanged over the last 12 months, remains above average. Satisfaction is highest among electric-only and Delta Township customers. The BWL's greatest strength among residential customers continues to be in perceptions of reasonable rates(87%positive)and the value of electricity for the price(831/6),placing the BWL at or near the top among MSI clients. Satisfaction among water customers who are satisfied with the water service provided by the BWL decreased four points in the last six months to 82%. The survey data links this decline with the fact that the sewer rates have increased much more dramatically. Mr. Strickler noted that if future relationships with customers in a competitive price environment depend on other decision criteria such as service reliability, restoration capabilities, and the ability of a utility to protect customers from harm,the BWL will need to be as strong as the competition on these factors. Following discussion, General Manager Pandy congratulated Consumer Services Director Terry Graham and Electric Transmission&Distribution(T&D)Director Dave Emmons and their employees--who are on the front line--for their fine work performance as reflected by the survey results. The T&D are is continuing to address the restoration issue. REMARKS BY COMMISSIONERS Consolidated Financial Statement. Chairman O'Leary referred to the December 1996 Consolidated Financial Statement and noted that year to date Electric(KWH)sales increased(.5%)as compared to the same period last year,yet the Electric revenue decreased(-2.81/6)for the same period. He asked for a clarification. Treasurer/Controller Tousley responded that fuel costs for the year-to-date period ending December 1996, decreased,which resulted in savings to customers. General Manager Pandy added that although Electric sales increased, there is less margin on wholesale export sales as compared to retail sales. Wisconsin Electric Power Company. Commissioner Lontz asked about Wisconsin Electric Power Company's relationship to Wisconsin Energy Corporation. General Manager Pandy responded that Wisconsin Electric Power Company is a subsidiary of Wisconsin Energy Corporation. It is being merged with Northern States Power to become Prime Energy effective in the first quarter of 1997. Lobbying Costs. Commissioner Royal responded to the concern raised earlier by Lloyd Teets regarding lobbying costs. She noted that the BWL is not working against restructuring,but is being proactive. With electric utility restructuring,the BWL cannot even be a real player in this fast-moving field without having a voice in the Michigan Legislature. She noted that the large investor-owned utilities(IOU's)are investing large resources to drive the movement. If the IOU's get their way, it could be harmful to residential customers. The lobbyist is presenting the BWL's position to the legislators to assure a good understanding of the issues important to the restructuring debate. Board Minutes , Page 8 January 28, 1997 Habitat for Humanity. Commissioner Strolle commented that he received an inquiry from a constituent who is involved with Habitat for Humanity. He asked if there is a way for the BWL to assist through community service in eliminating or helping with electric or water connections for new houses for Habitat. Communications Director John Strickler responded that contact has been made by Habitat for Humanity volunteers for BWL assistance with water hookups. The request has been referred to Water Utility Director Clyde Dugan. In the past the BWL has worked with Habit for Humanity through employee volunteers. Lobbyist. Commissioner Pratt echoed Commissioner Royal's remarks regarding the lobbying costs. He noted that the BWL is not lobbying against deregulation of electricity, but instead is lobbying for a level playing field. The BWL's concern is that deregulation is going to put the IOU's in such an advantage resulting in high rates and captive residential customers. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES On motion by Commissioner Strolle, seconded by Commissioner Royal,the absences of Commissioners Christian and Werbelow were unanimously adopted. ADJOURNMENT On motion by Commissioner Graves,the Board adjourned at 6:36 p.m. A �t 4w, Mary E. Secretary Filed: February 3, 1997 Marilynn Slade, City Clerk MINUTES OF BOARD OF COMMISSIONERS'MEETING LANSING BOARD OF WATER AND LIGHT Tuesday,January 28,1997 The Board of Commissioners met in regular session at 5:30 p.m, in the Main Office Building, 123 West Ottawa Street, Lansing,Michigan. The meeting was called to order by Chairman O'Leary. Present: Commissioners Graves,Lontz,O'Leary,Pratt,Royal, Strolle--6 Absent: Commissioners Christian and Werbelow(out of town)-2 The Secretary declared a quorum present. The Invocation was delivered by Chairman O'Leary. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES On motion of Commissioner Strolle,and seconded by Commissioner Lontz,the minutes of regular meeting of December 17, 1996 were adopted. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW,OR AT THE END OF THE MEETING. Lloyd Teets, 116 E.Elm Street,Lansing,congratulated the Board of Water and Light(BWL)for the increased steam sales to General Motors. He also commented that change is going to come to the electric industry and that instead of spending money for a lobbyist he would rather see the Board be proactive than reactive. COMMUNICATIONS AND PETITIONS A thank you letter from Commissioner Peter Pratt and spouse Linda Pratt was received in appreciation for the congratulatory cards received on the birth of their daughter. Placed on file. A letter from James E. Harken was received requesting that the BWL's written response to questions raised in his letter dated January 7, 1997,be given to Lloyd Teets at the regular meeting on January 28, 1997. Placed on file. Page 2 Board Minutes January 28, 1997 The following report was read by Commissioner Royal: FINANCE COMMITTEE REPORT The Finance Committee met on January 9, 1997, to receive the report of the Internal Auditor. Committee Members Present: Commissioners Christian(Chair),Lontz,Royal, and Werbelow. Role of the Internal Auditor. As background information for the newer Commissioners, Internal Auditor Kellie Willson provided an overview of the role of the BWL Internal Auditor position. The Internal Auditor reports directly to the Board and provides an independent appraisal to the Board on financial and operational activities of the Board of Water and Light(BWL). The primary role of the Internal Auditor is to: • conduct audits of assigned organizational and functional activities, • evaluate the adequacy and effectiveness of management controls over those activities, • determine whether organizational units at the BWL are performing their planning, accounting, custodial or control activities in compliance with management guidelines, policies and procedures, • report audit findings and make recommendations for correcting unsatisfactory conditions, improving operations and reducing cost, and • perform special audits at the request of management. 1996 BWL Analytical Review. The first step taken by the Internal Auditor in evaluating the system of internal control was to perform an analytical review of the BWL. Graphs developed in performing an analytical review were presented. The graphs indicate key relationships and trends from 1984 through 1996 and they point to critical success factors. Each graph provides useful information,but in particular the following trends were noted: • the B WL's continuing financial stability and asset growth, • the improvement in net income and return on assets,and • the significant impact of paying the return on equity to the City. City of Lansing Internal Audit Report. A report prepared by the City of Lansing Internal Auditor,dated October 10, 1996,was reviewed. Internal Auditor Willson called attention to certain diisrrepanciec found in the report. Following discussion,it was suggested that BWL staff should contact the City's Internal Auditor to review the information in question. FINANCE COMMITTEE Ernest Christian, Chair William Lontz Diane Royal Judson Werbelow OLL motion of ssioner RoyaL seconded y Commissioner Pratt, and unanimously carrle a report was received and placed on file. GENERAL MANAGER'S RECOMMENDATIONS On motion by Commissioner Strolle, seconded by Commissioner Lontz, the following Electric Production resolution was adopted unanimously: ELECTRIC PRODUCTION-Res. No. 97-1-1 It is recommended that a contract be awarded to Sargent and Lundy in the amount of S155,000 to complete an engineering evaluation study for conversion of the Eckert and Erickson Stations to bum western coal. This study Board Minutes Page 3 January 28, 1997 was not included in the FY 1996/97 Planned Capital Projects, however, the approval of these funds will not increase the overall Planned Capital Project Budget for the Electric Utility. This recommendation is based on Sargent and Lundy providing the lowest and best evaluated bid to complete the study. Other bids received are as follows: Stone and Webster -$182,500 Stanley Consultants- $201,000 Investigations by BWL staff have determined that a large number of Utilities are utilizing western coal to lower their generation costs and meet future competition. Current estimates for purchasing western coal show approximately a 25%reduction in fuel costs,which corresponds to a potential savings of$150,000,000 to the BWL over the next 20 years. Burning western coal safely and efficiently will require extensive modifications to the BWL generating plants with cost estimates in the range of$18,000,000 to$40,000,000. The recommended evaluation study is the next step in our efforts to determine the total scope of work required,the costs involved and the most economic plan for the future. On motion by Commissioner Strolle, seconded by Commissioner Lontz,the following Human Resources resolution was adopted unanimously: HUMAN RESOURCES-Res.No.97-1-2 That the Leaves of Absence Policy,as adopted by the Board on April 14, 1975 and as changed in September 28, 1982, September 25, 1990, and February 22, 1994,be approved to include the following changes to Injury or Illness Leave(s) section. (Old wording is shown with ugh and new wording is in bold,italic.) During any such leave due to compensable illness or injury,pension service credit shall be retained but shall not be accumulated An employee on compensable illness or injury leave shall not lose pension service credit until having been on such leave for a period equal to the pension service credit accumulated at the time the leave began(not to exceed€t,e-(5)two(2)years)or as provided by the FU LA. The Leaves of Absence Policy has been updated to comply with negotiated changes for both Bargaining and Non- bargaining unit employees for both the Injury and Illness Leave. The change affects future Leave of Absences only. The entire BWL Family Medical Leave(FULA)Policy is enclosed for your reference. On motion of Strolle, seconded by Commissioner Royal,the following Pension resolution was adopted unanimously: PENSION-Res.No. 97-1-3 That Ronald N. Kelley, Customer Account Representative in Consumer Services,be placed on an early reduced pension of$1,773.18 per month effective January 2, 1997. He has selected Option VI with the provision that after his death, if his wife, Carol J. Kelley, survives him she will receive 70%or$1,241.23 per month for the rest of her life as provided under Option VI. If his wife predeceases him,the pension amount of$1,773.18 will revert back to the regular pension amount of$1,954.59 for the rest of his life, as provided under Option VI. Mr.Kelley has worked for the BWL for 33.24 years and is 54 years of age. Page 4 Board Minutes January 28, 1997 On motion of Commissioner Strolle, seconded by Commissioner Royal, the following Technical Services resolutions were adopted unanimously: TECHNICAL SERVICES -Res. No. 97-14 It is recommended that the Board of Water and Light(BWL) enter into a five year agreement with U.S. Ash Company of Essexville,Michigan, subject to approval of the Board's Legal Counsel,for the Marketing and Disposal of Coal Ash generated from Eckert, Erickson and Moores Park Stations,at an estimated annual cost of $480,000. The existing agreement with U.S. Ash provides for the marketing of flyash generated by any of the above facilities. The new agreement will expand on this to include the proper landfilling of ash that can not be marketed. Currently,ash that is not marketed is disposed of at the BWL's North Lansing Landfill(NLL). Based on the average of the previous five years of total production,tons landfilled,and tons marketed, this agreement has the least cost of the alternatives evaluated. Other alternatives to this recommendation were: Marketing by U.S. Ash, landfilling to new cell at NLL by BWL $870,000 Marketing by U.S. Ash, landfilling to commercial landfill by BWL $830,000 Systech Resource Recovery Services proposal $787,000 "As Is" -Marketing by U.S. Ash,landfilling to NLL by BWL. (Not an option); $610,000 Trans Ash Company did not submit a bid. TECHNICAL SERVICES-Res.No.97-1-5 It is recommended that the existing two year Contracts for Professional Services for the following Consultants,be extended one year based on satisfactory performance on work completed and in progress. The original Cori`uaets, which expire on February 28, 1997, contain provisions to extend the term on an annual basis. 1. Novak Engineering,Inc.,Jackson,Michigan 2. SFT, Inc.,Toledo,Ohio 3. Stanley Consultants,Inc.,Muscatine, Iowa 4. Stone and Webster,Inc.,Boston,Massachusetts. Over the last two years the BWL Project Engineering and Electric Engineering Departments have utilized these Consultants to supplement existing staff on projects and studies requiring outside expertise. The Consultants have also been utilized to meet project demands without replacing personnel lost during recent staff reductions. This continued approach of retaining Consultants will: 1. Reduce evaluation time and bidding costs by staff. 2. Improve project response time to meet our needs. 3. Maintain BWL competitiveness due to staff and cost reductions. The utilization of these consultants will continue to be approved by the General Manager or the Purchasing Authority delegated by him to the Directors and Managers of the Electric and Technical Services Divisions. Board Minutes Page 5 January 28, 1997 On motion of Commissioner Strolle, seconded by Commissioner Royal,the following Water Utility resolution was adopted unanimously: WATER-Res. No. 97-1-6 That Board of Water and Light charges for water service installations be changed. effective January 1, 1997, as follows: Size Main-To-Curb-Box Curb-Box-To-Bldg. Current Proposed Current Proposed Fee 1997 Fee Fee 1997 Fee 3/4" $740 $760 $12.85 $13.17 1" $890 $850 $13.15 $13.55 The new proposed fees reflects a 2.7%increase in the 3/4"and 4.5%decrease in the 1"main-to-curb-box;and an increase of 2.5%in the 3/4" and a 3%increase in the 1"curb-box-to building. The reduction in main-curb box charge for 1" services should occur due to the change from a residential standard of 1" instead of 3/4". It is recommended that we eliminate the charges for 1 1/2"and 2" services and go to a firm cost"estimate". It is not fair to our customers to try to establish standard charges based on a small number of installations: (example: only six 1 1/2"leads were installed in FY'96). Although standards will have to be established as guidelines for the "estimator",this will be more equitable for our customers and the BWL. The additional charge of$3.00 per foot for adverse winter weather conditions will remain in effect. On motion of Commissioner Strolle, seconded by Commissioner Royal,the following Corporate Planning resolution was adopted unanimously: CORPORATE PLANNING-Res. No.97-1-7 It is recommended that the following described property be declared surplus and not required for Board of Water and Light Operations: Lots 9 and 10 in Meadowlawn Subdivision in the NE 1/4 of Section 12,T4N,R3W,Charter Township of Delta,Eaton County, State of Michigan. Further that the General Manager and Corporate Secretary be authorized to enter into agreements for the disposition of this property, subject to the requirements of the Lansing City Charter and subject to all funds or proceeds being retained by the Board of Water and Light for its operations. GENERAL MANAGER'S REMARKS General Manager Joe Pandy reported on the following topics: Main Office Building Sale Status. The earnest money deposits for the Board of Water and Light(BWL)Main Office Building real estate transactions have been returned to the Vlahakis Companies and Capitol Annex,L.L.C. (a.k.a. Granger Company). Both transactions have lapsed;consequently,there are no matters pending on the sale of the building at this time. Mr.Pandy noted that the BWL stands ready to cooperate with the City of Lansing in trying to develop the City Hall Annex or the entire block. Page 6 Board Minutes January 28, 1997 Electric Competition is Heating Up. In a utility first,the Southern Company will start airing ads on national television on January 20, promoting its low-cost energy and aggressive position in the new competitive energy markets. The Northern California Power Agency(NCPA)and Enron Corporation also announced a multi-million dollar national advertising campaign, designed to compete in a deregulated business environment. Electric,Water and Steam Sales Are Up. Mr.Pandy reported that while steam sales are growing 70 percent with the new General Motors' steam agreement,water sales have increased by 24 percent with the wholesale service agreements with Lansing and Delta Townships. The BWL electric utility is also aggressively marketing its surplus capacity to other utilities on a daily and hourly basis. Export sales over the past year have been excellent, amounting to approximately 20 percent of total megawatt-hours. Sales are expected to exceed last year's total. Mr.Pandy briefed on the BWL's involvement in the electricity commodity market. The BWL is buying and selling electricity on behalf of the Michigan Public Power Agency(MPPA)pool,which represents eight cities. MPPA is connected to the OASIS (On-line Available System Information System)of Michigan cities. He noted that it will be a growing part of the BWL to market surplus when it serves to keep rates low for customers. Wendy Bradley Recognized for ASTM Involvement. Wendy Bradley of Fuels Supply and Results was congratulated for her key role with the American Society of Testing Materials(ASTM)--a prestigious national organizational on testing of raw materials. Wendy Bradley is involved in the Hardgrove Grindability Index(HGI) Task Force in reviewing the standards on testing the hardness of coal. Larry Wilhite Appointed to Capital Region Community Foundation Board. Staff Attorney Larry Wilhite was congratulated for his willingness to serve on the Board of the Community Foundation—a community charity foundation. Dave Emmons Elected Vice President of the Lansing Area Safety Council. Electric Transmission& Distribution Director Dave Emmons was congratulated on his election as vice president of the Lansing Area Safety Council. BWL PIPELINE Features Article on Steam Sales to GM's Lansing Car Assembly Body Plant. Copies of the January 1997 issue of the BWL PIPELINE were handed out. The publication reports on the new steam agreement with General Motors' (GM)Lansing Car Assembly Body Plant,Fabrication Plant and the Craft Centre. Coal Handling Crew Commended For Preventing Serious Train Collision at Eckert Station. A BWL coai handling crew was saluted by General Manager Pandy for their quick response,averting a serious train accident at Eckert Station on December 21. A full report on this incident is detailed in the January issue of BWL PIPELINE. Mr. Pandy noted that enhancements have been put in place to address safety concerns. New Steam Main Status Report. Steam Utility Director Joette Woodard-Yauk reported that the new steam line was scheduled to have steam blown through it in January to clear it of any debris that may have accumulated in the main during construction. Difficulties were encountered by the contractor in the startup process of warming the two-mile long line. A rescheduled date is being set sometime within a week for this operation. Lansing Hope Ownership Program for Employees(LHOPE). Councilmember Paul Novak has requested an opportunity to speak to the Board regarding a home ownership program for the BWL, similar to the City's LHOPE. The City's program provides$5,000 as a loan to employees who relocate into the City. The loan provides an attractive interest rate for a five-year period,with one-fifth of the principle forgiven for each year the employee remains a City resident. The LHOPE was modeled after a program started by Sparrow Hospital. Councilmember Harold Leeman Strives to Improve Security With Streetlights. General Manager Pandy expressed his appreciation to Councilmember Harold Leeman for his role in identifying streetlight areas in his ward that needed increased security. His collaborative efforts with BWL employees to address constituent concerns were recognized. Board Minutes Page 7 January 28, 1997 APPA Workshop for Elected and Appointed Public Power Members. The American Public Power Association (APPA) is offering a workshop on April 3-5, 1997,for elected and appointed public power board and city councilmembers focusing on the responsibilities and processes of electricity utility board work and policy setting in a competitive environment. Committee of the Whole Meeting Rescheduled for February 4,1997. Planning Agenda for Board Retreat. Agenda topics for the February 4 Committee of the Whole meeting include the Integrated Resource Plan(IRP)and planning the agenda for the Board Retreat. The retreat is set for February 25,from 12:00 noon to 5:00 p.m.,at the Riverview Center,Lansing. Chairperson O'Leary commented that the first retreat session should deal with basic issues such as the duties and responsibilities of the Board. Key topics suggested by the Commissioners for future retreat sessions include policy issues, long-range planning and deregulation. Customer Attitude Survey Overview. Communications Director John Strickler presented an executive summary of the residential customer attitude survey completed in December, 1996,by the energy research and consulting firm of Market Strategies(MSI). He reported that the results indicate overall favorability(83%)remains near the top of utilities surveyed by MSI. Overall satisfaction,basically unchanged over the last 12 months,remains above average. Satisfaction is highest among electric-only and Delta Township customers. The BWL's greatest strength among residential customers continues to be in perceptions of reasonable rates(87%positive)and the value of electricity for the price(83%),placing the BWL at or near the top among MSI clients. Satisfaction among water customers who are satisfied with the water service provided by the BWL decreased four points in the last six months to 82%. The survey data links this decline with the fact that the sewer rates have increased much more dramatically. Mr. Strickler noted that if future relationships with customers in a competitive price environment depend on other decision criteria such as service reliability, restoration capabilities, and the ability of a utility to protect customers from harm,the BWL will need to be as strong as the competition on these factors. Following discussion, General Manager Pandy congratulated Consumer Services Director Terry Graham and Electric Transmission&Distribution(T&D)Director Dave Emmons and their employees--who are on the front line--for their fine work performance as reflected by the survey results. The T&D are is continuing to address the restoration issue. REMARKS BY COMMISSIONERS Consolidated Financial Statement. Chairman O'Leary referred to the December 1996 Consolidated Financial Statement and noted that year to date Electric(KWH)sales increased(.51/6)as compared to the same period last year,yet the Electric revenue decreased(-2.81/6)for the same period. He asked for a clarification. Treasurer/Controller Tousley responded that fuel costs for the year-to-date period ending December 1996, decreased,which resulted in savings to customers. General Manager Pandy added that although Electric sales increased,there is less margin on wholesale export sales as compared to retail sales. Wisconsin Electric Power Company. Commissioner Lontz asked about Wisconsin Electric Power Company's relationship to Wisconsin Energy Corporation. General Manager Pandy responded that Wisconsin Electric Power Company is a subsidiary of Wisconsin Energy Corporation. It is being merged with Northern States Power to become Prime Energy effective in the first quarter of 1997. Lobbying Costs. Commissioner Royal responded to the concern raised earlier by Lloyd Teets regarding lobbying costs. She noted that the BWL is not working against restructuring,but is being proactive. With electric utility restructuring,the BWL cannot even be a real player in this fast-moving field without having a voice in the Michigan Legislature. She noted that the large investor-owned utilities(IOU's)are investing large resources to drive the movement. If the IOU's get their way, it could be harmful to residential customers. The lobbyist is presenting the BWL's position to the legislators to assure a good understanding of the issues important to the restructuring debate. Page 8 Board Minutes January 28, 1997 Habitat for Humanity. Commissioner Strolle commented that he received an inquiry from a constituent who is involved with Habitat for Humanity. He asked if there is a way for the BWL to assist through community service in eliminating or helping with electric or water connections for new houses for Habitat. Communications Director John Strickler responded that contact has been made by Habitat for Humanity volunteers for BWL assistance with water hookups. The request has been referred to Water Utility Director Clyde Dugan. In the past the BWL has worked with Habit for Humanity through employee volunteers. Lobbyist. Commissioner Pratt echoed Commissioner Royal's remarks regarding the lobbying costs. He noted that the BWL is not lobbying against deregulation of electricity, but instead is lobbying for a level playing field. The BWL's concern is that deregulation is going to put the IOU's in such an advantage resulting in high rates and captive residential customers. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. EXCUSED ABSENCES On motion by Commissioner Strolle, seconded by Commissioner Royal,the absences of Commissioners Christian and Werbelow were unanimously adopted. ADJOURNMENT On motion by Commissioner Graves,the Board adjourned at 6:36 p.m. Mary E. Secretary Filed: February 3, 1997 Marilynn Slade, City Clerk