HomeMy WebLinkAbout2021 Minutes BWL Approved by the Board of Commissioners January 25,2022
Hometown People,Hometown Pwv
LANSING BOARD OF WATER AND LIGHT
BOARD OF COMMISSIONERS
SPECIAL MEETING MINUTES
December 21, 2021
The Board of Commissioners met at the BWL Headquarters-REO Town Depot located at 1201 S.
Washington Ave., Lansing, MI, at 5:30 p.m. on Tuesday, December 21, 2021.
Chairperson David Price called the meeting to order at 5:30 p.m.
The Acting Corporate Secretary called the roll.
Present: Commissioners David Price, Dusty Horwitt, Semone James, DeShon Leek, Tracy
Thomas, and Sandra Zerkle. Non-Voting Commissioners present: Larry Merrill (Delta
Township), and Brian Ross (DeWitt Township).
Absent: Commissioners Beth Graham and Tony Mullen and Non-Voting Commissioner Douglas
Jester (East Lansing)
The Acting Corporate Secretary declared a quorum.
Chair Price led the Pledge of Allegiance.
PUBLIC COMMENT
None.
MEETING PURPOSE:
Approval of RFP Selected HR Hiring Consultant
Chair Price stated that he called for this Special meeting to consider the approval of RFP
Selected HR Hiring Consultant and would like to put forward a Resolution.
Chair Price turned the floor over to Michael Flowers, Interim Executive Director of Human
Resources. Mr. Flowers requested Board approval of the resolution for the Approval of RFP
Selected HR Hiring Consultant and opened the floor for discussion.
A discussion followed in which the Commissioners asked for clarification of the pricing systems
for the three companies and whether the hiring fees were for each employee position. Mr.
Flowers provided the hiring fees, approval cost and additional expenses that each company
proposed and a comparison of the value of each proposal.
Special Board Mtg,
December 21,2021
Page 2 of 5
Commissioner Zerkle asked for clarification of the pricing system for the three companies that
are being considered as the HR Hiring Consultant. Mr. Flowersproud a comparison of the
the hiring fees,
approval cost and additional expenses that each company proposed
value of each proposal.
Commissioner James asked if the hiring fees proposed were for each employee position and
Mr. Flowers affirmed.
Commissioner Thomas asked for further clarification on the pricing of the three companies that
submitted RFP's and Mr. Flowers responded.
Commissioner Leek asked, as a piggy-back to Commissioner Thomas' request, as the new
Commissioners don't have the information from previous services provided, if the reason that
the proposal from Pinnacle Professional Services was so thin compared to the other two
proposals was because Pinnacle was already retained with the BWL, and the other proposals go
into depth, and they get nothing from Pinnacle. Mr. Flowers responded that Pinnacle provided
one page of bulleted items and didn't expand upon anything like the other proposals did.
Commissioner Thomas stated that based on Commissioner Leek's question and Mr. Flower's
response quote, "that was the only information that Pinnacle provided", he would be voting no
to Pinnacle.
Commissioner Horwitt asked for a ball-park amount of any additional costs that were
ng a
mentioned in one of the proposals and the comfort range from evel for$500 to $1,6001 and he hasdpreviously
Flowers responded that the costs would g
negotiated fees. Commissioner Horwitt also aainnacle.any
Mr Flowers respo ded
working
with any of the companies as Mr. Flowers hd recommended P
that he has worked briefly with Pinnacle and extensively with Global and both have worked
very well, but he has not worked with Blue Chip previously.
Chair Price asked how many applicants there were for the Corporate Secretary position
currently and Mr. Flowers said that there were at least 25.
Motion by Commissioner Zerkle, Seconded by Commissioner James, to eliminate Pinnacle
Professional Services from the selection process for the HR Hiring Consultant.
Discussion: Commissioner Zerkle stated that due to the limited information provided by
Pinnacle Professional Services that they be not considered and be removed from the hiring
consultant selection process. Commissioner James commented that Pinnacle Professional
Services was not independent of the Board of Water and Light and should not be considered.
Action: Carried Unanimously.
Commissioner Thomas requested further discussion on the two remaining companies as
Pinnacle Professional Services was the one that was recommended and was talked about
because the information provided was limited. He appreciated Blue Chip sharing what they
Special Board Mtg.
December 21,2021
Page 3 of 5
shared, that they were diverse, had a female in charge, and hired 425 people in one year. He
added that he was equally impressed with Global Business Resources Group, with their
independence and hitting and reaching out to different and diverse sites. Global provided
extensive information on their qualifications, references and how they would conduct an
applicant search. He added that Global was local. Commissioner Horwitt added that he was
also impressed with Global Business Resources Group for the same reasons.
RESOLUTION #2021-12-02
Approval of RFP Selected HR Hiring Consultant
WHEREAS, Chapter 2, Section 5-202 of the Lansing City Charter requires the Board of
Commissioners to appoint a Director, Internal Auditor and Corporate Secretary.
WHEREAS, Section 19.6 of the Board of Water & Light's ("BWL") Administrative Rules of
Procedure states:
The Board of Commissioners may hire external consultants, such as accountants,
but not outside legal counsel. The full Board will meet before a consultant is
hired to determine the scope of the issues to be addressed by the consultant,
the consultant's budget, and the scope of contact with the Board. One Board
member may be authorized as the primary contact with the consultant.
WHEREAS, at the regular Board meeting on November 16, 2021, the Board of Commissioners
approved a Resolution 2021-11-03 to retain a hiring consultant to assist with filling vacancies in
the positions of Internal Auditor and Corporate Secretary.
WHEREAS, Resolution 2021-11-03 directed the Executive Director of Human Resources to issue
a Request for Proposal for the sole purpose of obtaining proposals for recruiting hiring
consultants and for the Board of Commissioners to then choose and retain the consultant.
WHEREAS, BWL staff engaged in its normal public procurement process for the purpose of
soliciting and evaluating proposals from a variety of independent recruiting firms and received
three qualifying proposals.
RESOLVED, having reviewed the proposals received and considered the recommendations of
the Chair, the Vice Chair and the Executive Director of Human Resources, the Board of
Commissioners hereby selects Global Business Resource Group as the hiring consultant to assist
the Board with the recruitment and hiring of a new Internal Auditor and Corporate Secretary;
and
FURTHER RESOLVED, the Chair of the Board of Commissioners shall execute any agreements
necessary to effectuate the selection of said hiring consultant.
Motion by Commissioner Price, Seconded by Commissioner Zerkle to approve the Resolution
for the RFP Selected HR Hiring Consultant.
Special Board Mtg.
December 21,2021
Page 4 of 5
Action: Carried Unanimously.
Further discussion followed on the hiring process and the three qualified candidates previously
interviewed the Internal Auditor position.
Commissioner Zerkle requested a discussion on how the hiring process would proceed with the
hiring consultant and the time frame for the search. Mr. Flowers responded that Global
Business Resources Group would be retained, and a plan of action would be made with the HR
Committee. Mr. Flowers stated that with the pool of candidates already received interviews
could begin within six to eight weeks.
Commissioner Thomas asked if the three candidates for the Internal Auditor position that have
already been interviewed that were provided by Pinnacle Professional Services would be
included in the Global Business Resources Group Process. Commissioner Thomas said that
Global Business Resources Group would
probably
nhave
Commdifferent
issioner, commissioner questions
Ho witt their
applicants, in addition the HR committee has aew
Mr. Flowers responded that the three candidates would still be considered for the position if
they were still available.
Commissioner Zerkle asked if the three candidates would be re-interviewed. Mr. Flowers
responded that the three candidates may need to be re-interviewed for a fresh comparison for
the best qualified candidate and it would be the choice of the Commission to reinterview.
Commissioner James asked to whom the hiring consultant would report. Chair Price responded
that he is the contact person as the Chair of the HR Committee, but the process is run by the
entire HR Committee. Commissioner James requested that Resolution #2021-11-03 be
amended to add a second contact in addition to the Chairperson to whom the Hiring Consultant
would report. Commissioner Thomas asked Commissioner James to consider the follow
o state that the
friendly amendment, that Resolution
012-11-03 be amended an Resour es Commttee tThat fr e dly amendme g
Consultant report directly to the entire Hum
nt
was accepted.
Motion by Commissioner Zerkle, Seconded by Commissioner James, to amend Resolution
#2021-11-03, Retain a Hiring Consultant, to strike from the resolution "with the Chairperson as
the primary contact".
Action: Carried Unanimously (Yeas: Commissioners David Price, Dusty Horwitt, Semone James,
DeShon Leek,Tracy Thomas, and Sandra Zerkle; Nays: None)
The resolution will read as follows:
RESOLVED, the Board of Commissioners will require the Consultant to report directly to the
Human Resources Committee.
Special Board Mtg.
December 21,2021
Page 5 of 5
Commissioner Thomas requested verification from Mr. Flowers, that information from the
Hiring Consultant would be sent to all four of the HR Committee members, at the same time.
Mr. Flowers affirmed.
Commissioner Horwitt requested that whether the candidate has exercised independence
previously on the job be included as an interview question. Chair Price responded that
discussion is held with the hiring consultant on the direction Commissioners would like to go
and to set timelines for interviewing.
Commissioner Ross asked that since another search firm was hired for the three previous
Internal Auditor candidates, if a candidate was selected from the first search firm would two
fees need to be paid. Mr. Flowers responded that the recruiter from which a candidate has
been selected is entitled to a fee and the consultant that was hired by resolution would be
entitled to a fee for services provided if the candidate was not selected through them.
Commissioner James asked about the contractual relations with Pinnacle Professional Services.
Mr. Flowers responded that the contract was with the Board of Water and Light and not with
the Board of Commissioners.
MANAGER'S REMARKS/COMMENTS
There were no Manager's remarks.
COMMISSIONERS' REMARKS/COMMENTS
Commissioner Thomas thanked Mr. Flowers for all his work.
PUBLIC COMMENT
There were no public comments.
EXCUSED ABSENCE
Motion by Commissioner Zerkle, Seconded by Commissioner Leek to excuse Commissioners
Beth Graham, Douglas Jester, and Tony Mullen from tonight's meeting.
Action: Motion Carried.
ADJOURNMENT
Chair Price adjourned the meeting at 6:18 p.m.
Filed with Lansing City Clerk:
01-04-22-Unofficial Minutes
01-26-22-Official Minutes
Approved by the Board of commissioners January 25,2022
Vol
Hometown Pcapfc.Homci r n Pan'
LANSING BOARD OF WATER AND LIGHT
BOARD OF COMMISSIONERS
SPECIAL MEETING MINUTES
December 14, 2021
The Board of Commissioners met at the BWL Headquarters-REO Town Depot located at 1201 S.
Washington Ave., Lansing, MI, at 5:30 p.m. on Tuesday, December 14, 2021.
Chairperson David Price called the meeting to order at 5:30 p.m.
Corporate Secretary Griffin called the roll.
Present: Commissioners David Price, Beth Graham, Dusty Horwitt, Semone James, DeShon
Leek, Anthony Mullen, Tracy Thomas, and Sandra Zerkle. Non-Voting Commissioners present:
Douglas Jester (East Lansing), Larry Merrill (Delta Township), and Brian Ross (DeWitt Township).
Absent: None
The Corporate Secretary declared a quorum.
Commissioner Graham led the Pledge of Allegiance.
PUBLIC COMMENT
None.
MEETING PURPOSE:
Consider a Resolution for a Special Electric Service Contract
for Large Manufacturing Customer
electric
Chair Price stated that he called for this
ial meeting to and would like to puder a t forward al Resolutionrvice
contract for a large manufacturing customer
Chair Price turned the floor over to General Manager (GM) Dick Peffley who introduced the
president and CEO of Lansing Economic Area Partnership (LEAP), Bob Tresize. Mr. Tresize
commended the leadership of the BWL, as it is the reason the project is being considered by
General Motors. General Motors will be constructing a $2.5 billion, 2,500,000 million square
feet, electric vehicle (EV) battery plant that will create 1,700 jobs by 2028-2029 and about 1,000
jobs in 2025 when it goes into production. Construction can start as soon as the first quarter of
2022 and there will be at least several thousand construction workers putting the plant
together over three years. Mr. Tresize added that this type of project could propel economic
development in the Lansing area--the EV battery plant will sustain vehicle production plants
Special Board Mtg.
December 14,2021
Page 2 of 5
and suppliers in the area, and the new technology platform will attract related businesses to
the region. The City of Lansing and Delta Township Board of Trustees unanimously approved a
renewed 425 revenue sharing agreement that was required for the construction site. Then the
Lansing City Council approved an 18-year renaissance zone adjacent to the GM plant for future
plants. The City of Lansing also scheduled a public hearing to be held on December 20, 2021 at
4:30 p.m. to consider the passage of a public act for a millage for those that are not covered by
the renaissance zone. The electric rate that is being considered for approval will be sent in a
package to GM for further negotiations.
GM Peffley requested Board approval of a resolution to finalize a special contract with a major
manufacturing company. GM Peffley reported that BWL was approached by a customer
considering building within BWL's service territory. Their requirements are nationally
competitive electric rates for 100 megawatts of energy with an 80% load factor and a 20-year
contract. BWL was approached by a similar customer a year ago but the customer selected a
different state with lower rates. A proposal was submitted to the current prospective customer
that included a very competitive rate and a 20-year term as requested.The customer found the
proposal very attractive and requested a draft contract, which was provided. From previous
experience this request is usually a very good sign. This rate can be offered without negatively
affecting BWL's other customers and will not trigger a rate increase. The contract will allow
BWL to pass fuel cost adjustment through the PSAR (a cost indicator tool) during the term of
the contract and the BWL gross revenue over the life of the contract is $868M. The addition of
100 megawatts of load represents a 33% increase in BWL's overall generation portfolio and
BWL has sufficient energy to supply the customer until 2027. Different scenarios on how to
supply the energy after 2027, such as purchase power agreements, increasing BWL's renewable
portfolio, and adding base load generation have been looked into. At this time,the best option
to ensure that BWL can deliver the energy at the guaranteed rate over a 20-year co tract, will
be to increase the generating portfolio at the Delta Energy Plant site. By approving
his
resolution, a line item is expected to be seen in next years' capital budget to evaluate the
installation of additional generating capacity at BWUs Delta Energy Park site. To provide the
magnitude of a 100MW project, BWL currently has over 50,000 residential customers and this
project will require 25% more energy than all of these customers combined. Another
comparison is that adding the total load of BWL's top 10 customers would not equal the energy
requirements of this project.
RESOLUTION #2021-12-01
Special Electric Service Contract for Large Manufacturing Customer
WHEREAS, The Lansing Board of Water & Light ("BWL") is committed to being the "Utility of
the Future" while supporting community growth. The BWL will provide carbon neutral utility
products, services and programs that are financially accessible to all customers with
exceptional customer service. This will be accomplished by utilizing evolving, cutting-edge
technology, as well as partnering with the Greater Lansing region and a highly skilled, diverse
workforce ("Vision").
Special Board Mtg.
December 14,2021
Page 3 of 5
WHEREAS, two of the BWL's 2021-202S Strategic Plan Priorities are focused on Customer &
Community and Climate & Environment ("Strategic Priorities"). Key strategies that support
these priorities include:
➢ Supporting, encouraging, and enabling emerging beneficial electrification.
➢ Promoting economic development and regional partnership that create growth and
synergy.
WHEREAS, one of the BWL's largest electric commercial/industrial customers has entered a
joint venture with another manufacturing company ("prospective customer") that directly
supports beneficial electrification.
WHEREAS, the project is expected to result in a significant increase in both electric load and
revenue.
WHEREAS, the facility operational and electric load characteristics are unlike the BWL's typical
commercial/industrial customer base, represents a "one of kind" customer profile and is not
suited for the BWL's existing rate structure.
WHEREAS, the BWL has designed an incremental cost rate to serve the prospective customer
that is expected to hold other customers harmless and not burden the entire BWL
commercial/industrial rate base.
WHEREAS, the BWL is unaware of a similarly situated commercial/industrial customer to
warrant change in its rate design and tariff structure at this time.
WHEREAS, the additional economic development benefits warrants a Special Electric Service
Contract for the above-mentioned investment, which is expected to include special electric
service rates and additional provisions that mitigate BWL risks.
WHEREAS, a Special Electric Service Contract for the above-mentioned investment is in
alignment with the BWL's Vision and Strategic Priorities.
WHEREAS, because the provisions of Special Electric Service Contract for the above-mentioned
investment are unique to the BWL's standard rate tariff, approval by the Board of
Commissioners is appropriate.
WHEREAS, staff has been actively engaged in discussions with the prospective Customer and
may be selected as the utility provided to support the above-mentioned investment.
WHEREAS, staff respectfully request the Board of Commissioners to authorize the General
Manager to finalize and execute on behalf of the BWL a Special Contract with the prospective
customer in the event the BWL is selected as the utility provider to support the above-
mentioned investment.
Special Board Mtg.
December 14,2021
Page 4 of 5
RESOLVED, the General Manager is authorized to finalize and execute on behalf of the BWL a
Special Electric Service Contract for the above-mentioned investment with the prospective
customer.
Motion by Commissioner Zerkle, Seconded by Commissioner Mullen to approve the Resolution
for the Special Electric Service Contract for Large Manufacturing Customer.
Chair Price inquired what the 20-year contract would mean as a cost savings to the customer.
GM Peffley responded that over the term of the contract, it is a $936 million incentive for the
customer.
Commissioner Merrill asked what would occur if another large customer requested the same
service and conditions. GM Peffley responded that the customer would be offered a similar
contract with an incentive based on the amount of service requested.
Action: Motion Carried Unanimously.
GM Peffley gave a brief update on the four 55-foot utility poles that were snapped 15 feet
above ground by strong winds on Saturday morning, December 11, 2021, and involved a train
dragging the lines 1,000 feet down the track, the breaking of 24 additional poles and destroying
more than 6 miles of electric cable. No one was injured, service was restored to all except 62 of
the 4,200 customers within 12 hours, and service to 60 of the remaining customers was
restored within 30 hours. A highly skilled workforce was credited for the quick service
restoration along with updated procedures, training, appropriate inventory, and help by mutual
aid crews. The poles had been completely replaced less than four years ago as one of the
newest upgrades in the system. The repairs made to the poles are temporary but safe and will
be rebuilt in the summer of 2022 after engineers complete the design. A video taken by drone
cameras was presented. The damage cost has not yet been fully determined but is estimated
to be around $1 million.
Commissioner Price commended the onsite workforce, media relations and the GM for quickly
addressing the incident and updating the public. GM Peffley responded that he had met with
emergency responders who were expecting it to take a week to restore power and told them
power would be restored within hours.
MANAGER'S REMARKS/COMMENTS
There were no Manager's remarks.
COMMISSIONERS' REMARKS/COMMENTS
Commissioner Zerkle thanked the 70 employees that were involved in restoring service on
Saturday afternoon.
Special Board Mtg.
December 14,2021
Page 5 of 5
Commissioner Ross wished everyone Happy Holidays.
PUBLIC COMMENT
Michael Faraone, Lansing, MI spoke about tree cutting on his property. Even though he has his
trees cut himself, trees have been marked on his property by Wright Tree Service and he would
like a resolution of the issue.
ADJOURNMENT
Chair Price adjourned the meeting at 6:03 p.m.
Filed with Lansing City Clerk:
12-16-21-Unofficial Minutes
01-26-22-Official Minutes
Approved by the Board of Commissioners 01-25-22
Hometown People.Hometown Power:
MINUTES OF THE BOARD OF COMMISSIONERS MEETING
LANSING BOARD OF WATER AND LIGHT
November 16, 2021
The Board of Commissioners met at the Lansing Board of Water n Tuesday,
ot (BWQ bead 6, rter REO
This
Town Depot located at 1201 S. Washington Ave., Lansing, M
meeting was publicly noticed for 5:30 P.M.
Chairperson David Price called the meeting to order at 5:53 p.m.
The Corporate Secretary, M. Denise Griffin, called the roll.
The following Commissioners were present: Chairperson David rarice, Bet Graham,
Prese Dusty Hor Non-Voting
Semone James, Deshon Leek, Tony Mullen,Tracy Thomas,
Commissioners Douglas Jester (East Lansing), Larry Merrill (Delta Township), and Brian Ross (DeWitt
Township)
Absent: None
The Corporate Secretary declared a quorum.
Commissioner Ross led the Pledge of Allegiance.
Chair
After consultation with General Counsel Mark Matus and Finance iAudit r Appoinitmentair
Price removed from the Agenda, item 10.d., Resolution for Interim Internal
APPROVAL OF MINUTES rove the Regular Board
Motion by Commissioner Mullen,Seconded by Commissioner Graham,to approve
Meeting minutes of September 28, 2021.
Action: Motion Carried.
PUBLIC COMMENTS
There were no public comments.
COMMUNICATIONS
Letter of Resignation from BWL Corporate Secretary Griffin. Received and Placed on File.
Absent: None
The Corporate Secretary declared a quorum.
Public Comments
There were no public comments.
Approval of Minutes
Motion by Commissioner Leek,Seconded by Commissioner Mullen,to approve the Human Resources
Committee meeting minutes of July 13, 2021.
Action: Motion Carried
Job Description Review Charter Appointed Position of Corporate Secretary
An edited draft of the job description for the Charter Appointed Position of Corporate Secretary was
provided to the Human Resources Committee for review and discussion.
Motion by Commissioner Mullen,Seconded by Commissioner Leek,to approve the "DRAFT" October
2021 version of the Charter Appointed Corporate
d to the Board he
of
Commissioner's (Board Chairperson) signature
line at the end of the documen
recruitment process for the position of Corporate Secretary.
Action: Motion Carried.
Commissioner Mullen asked if the search for the replacement for the Corporate Secretary position
would be conducted in the same manner as the search for the Internal Auditor position. Chair Price
responded that when the job description for the Internal Auditor was approved, it was given to the
HR Department to recruit for the position. The HR Department has internal and external tools to
recruit for the position and the review of the applicants is part of the process, followed by the
interview of the selected candidates by the Board. Chair Price would like to present the selected
candidate to the Board for approval at the November Regular Board Meeting. Commissioner James
asked if there is an independent research human resources firm that is used for the recruiting. Human
Resources Director, Lynnette Keller, responded u ers twoand dates ereecruit d through the at two of the were es for the recruitedBItor
WL
position were recruited through external
website and two candidates are internal.
Hiring Process Update—Charter Appointed Position of Internal Auditor
Human Resources Director, Lynnette Keller, presented the requirements needed for qualification for
the Internal Auditor position and stated that six applications were received. A discussion followed on
the qualifications of the applications received.
Commissioner Zerkle asked for the salary range and e Internal before en
Auditor
re the position ffley
responded that the information would be acquirednd provided
was sent
o the
ring
ters. Ms.
Commissioner Thomas asked if the job description h through thetBWL welbsite to folllow compl anlcer
affirmed and added that all applicants are loggedg
GM Peffley added that all of the applicants have been presented at this meeting.
Electronic Mail received From Michelle Chambers regarding Moores Park Neighborhood Trees.
Referred to Management. Received and Placed on File.
Electronic Mail received From the Crane Family regarding Moores Park Neighborhood tree
trimming. Referred to Management. Received and Placed on File.
Electronic Mail received From Mary Pollack regarding Streetlight outage on Saginaw Harrison.
Referred to Management. Received and Placed on File.
Electronic Mail received From Ellen Todd regarding BWL investment performance. Referred to
Management. Received and Placed on File.
Electronic Mail received From Jonathan Korpi regarding BWL customer service. Referred to
Management. Received and Placed on File.
Electronic Mail received From a BWL Employee regarding a complaint against an Executive Staff
Member. Referred to Management. Received and Placed on File.
Commissioner Horwitt commented on the BWL employee complaint against an Executive Staff
member. Commissioner Horwitt stated that he has become more aware of issues of racial injustice
and would like the complaint to be taken seriously. He added that people make mistakes and the
mistakes can be addressed. GM Peffley responded that all complaints are taken seriously and are
referred to the HR Department and General Counsel, or outside counsel if needed. GM Peffley added
that outside counsel will provide a recommendation and he will bring it to the board. Chair Price
asked for a brief statement as he didn't consider it a board matter. Commissioner Leek requested
that the recommendation be provided to the board. Commissioner James commented that she had
received several calls in addition to an anonymous letter and would like the issue assessed and
addressed. Commissioner James asked GM Peffley to report back to the Commissioners and GM
Peffley responded that he would report back to the Commissioners in two weeks. Commissioner
James also asked for a survey to be conducted and GM Peffley responded that he would look into a
survey being conducted. Commissioner Mullen commented that employees with departments are
given authority to run their departments but if an issue arises it is to be addressed.
COMMITTEE REPORTS
Chair David Price presented the Human Resources Committee Meeting Reports:
HUMAN RESOURCES COMMITTEE
Meeting Minutes
October 12, 2021
The Human Resources Committee of the Lansing Board of Water and Light (BWL) met at BWL
Headquarters REO Town Depot located at 1201 S. Washington Ave., Lansing, MI on Tuesday, October
12, 2021.
Human Resources (HR) Committee Chairperson David Price called the meeting to order at 4:58 p.m.
and asked the Corporate Secretary to call the roll.
Present: Commissioners Chair David Price, DeShon Leek, Tony Mullen and Tracy Thomas. Also
present: Commissioners Semone James (arrived @ 5:00 p.m.) and Sandra Zerkle; and Non-Voting
Commissioner Brian Ross (DeWitt Township)
referred was
L website or if
here
Commissioner Leek asked if the third party to Ms which Keller sresponded thathPi B Pinnacle Staffing wastused
was a company used as an external recruiter
for this recruiting process.
Commissioner Mullen asked what the various acronyms for the requirements represented. Ms. Keller
responded that CPA stands for Certified Public Accountant, CIA stands for Certified Internal Auditor,
CFE stands for Certified Fraud Examiner, and CISA stands for Certified Information System Auditor.
GM Peffley reported the salary ranges for the Internal Auditor
salar position
of $113,000 to $169,000. The
previous Internal Auditor was at Director Level 4 with a
prior Internal Auditor was at Director Level 6 with a salary range of$139,700 to $209,000.
GM Peffley commented that if an internal candidate is being considered that may not have the
minimum requirements yet, if the internal candidate has 60% of the qualifications, prior practice has
been that an internal candidate would be a good selection.
Commissioner Thomas commented that the CISA exam is difficult and asked whether the CISA
requirement could be extended from six months to one year. GM Peffley responded that certification
requirements have been extended for employees in the past based on the circumstances.
Commissioner Zerkle asked whether or not the CISA requirement is the most crucial because it affects
the IT department system and audits. GM Peffley responded that the guidelines
elcdent cybera tack,fn prey io d
a third party can be consulted. Chair Price commented that duet the
discussions the Board decided that the CISA certification in cybersecurity was important.
Commissioner Zerkle asked whether any applications that were received weren't accepted.
Ms. Keller responded that all the applicants were brought forward in the meeting. Ms. Keller
recommended that five of the applicants be interviewed and that she will follow up with the sixth
applicant.
Chair Price recommended that the recruitment process for the position of Internal Auditor be closed
with the option to reopen if needed.
Motion by Commissioner Thomas, Seconded by Commissioner Mullen to interview the applicants
already received and close the recruitment process for the position of Internal Auditor.
Action: Motion Carried.
Ms. Keller reported that the current approved salary range for a fully qualified candidate for the
described Internal Auditor position is $129,800 to $197,200 with a midpoint of$163,500.
Commissioner James questioned if the Commissioners that were not on the HR Committee had input
in the selection of the Internal Audit candidates that would be interviewed. There was a discussion
in response to Commissioner James' question and inquiry about this matter being dealt with in the
Committee of the Whole, and it was stated that the HR Committee is the designated committee
responsible for the hiring process. During the discussion it was stated that all commissioners could
provide their input during the interview meetings, however the HR Committee will vote to make a
Retirement Plan Committee (RPC) Update
Chair Mullen commented that authority had been delegated to the Retirement Plan Committee to
make any needed changes to administrative items and compliance actions in the retirement plans.
CFO Shawa provided the Retirement Plan committee
tothgi Trustee meets gh Thete afunod ve nrview g st us
the Pension program would be sent to the full Board prior
of the VEBA plan has doubled over the last 10 years and the VEBA plan administrative services
agreement has now been drafted and includes a change in strategy from a building up funding
strategy to a maintaining funding strategy. The agreement includes formally establishing the BWL's
administrative role with respect to processing fees
and expenses, and the
placing
of parameters to
review and calculate quarterly funding of the of pan benefits from the
trusCommissioner Zerkle asked whether the Board needed to approve any of the actions taken and what
was the amount of money spent on employee
CFO
d th t$15 to $16 mill on is
quarterly report will be provided going forward that shows claims paid an
spent each year for current employees as CFO Shawa responded that
dretirees.
Commissioner
re?mbursemen erkle t s would
about
reimbursements that would be given to retiree
only be made to the BWL operating account for the eligible expenses being paid out. Commissioner
Mullen commented that the amount in the retirement fund can only be used for retirees' benefits
but extra money to be given to the retirees can beauthorized A d c scion wasy the rrdegruested to betheld in
e fund
other than the Pension fund, such as the operating fund
the January Finance Committee meeting regarding retiree benefits.
Internal Auditor Status Report
Principal Auditor Brian Schimke presented the Internal Auditor Status Report.
Tentative FY 2022 Audit Plan
FY 2021 Audit Plan Recently Closed ipe„•,,,,, ,.�:,,
•F:ea:e.' n.Fnx a.aa Pan has err a«.
FY 2021 Audit Progress Report Audit_ Summary wr7ra c>'A d^^a,6 a"" e.r�-2P,,0A—e"
par'assxn Uenpa)e N n r ro+le FY,
?anca
A It m i Au I PI n lead Fy11.OS Cybersecurily,IT Vulnar,bllllias8 penetration Teatlnq a tot OvenLmS
11 U e y S ed1 to Slnrt or conned Audlt I.TI R dl P II P � d P
SDO woe Iha vendor hired to conduct the audit,perform the _Payroll(Fir"r+o Audd)
1.J 1'll dAccounls Racelvobla-Ard'ISlalus:Complatad, panenetlon lee��ng,end kicked olf the Audit In April 2021. 2 n Au
F T R I I d 11 al Abovel-Rumen
Audis Report laeuad 3/1712021 -SDO perlormad a Cyber Maturity A,a -rr ant and Resources,Las'Audll:October 2017
2,p h C dU+ape end Control-Ardis Status:Completed. pmraVellon Tealof our Networke. yM a Mobile Devices-Inlormetion7e<hnology.Legit Audit
Audit Report Issued]l3012021 -The BWL ranked ahavo average In both facets of the audll DCtaW!2017
end bolter Then our industry peers In almost ail cataDoriea. a .,IC 1 Proceesl-Opsrelione
3 f,{ppp ;MI50 S"II'nna-Audit Sralus:Complsled,Audit _Flnsl Report was laeued to the Comndseonere beck on (Fi,,st rune Auddl
Roped Is gad N1012021 l IR de 0.alantlon
d.C b II ITV I bll,11 96p nelmlloi Te 1;_Inn-ALL41 seplernher l0^,2021. 3.E Inr I f II M
$Iglus:Compl.md,Audd Report Issued 09110R021 _SDO was very compllmenlery of the SWL'e parlonnence- M enll-LayellMeneyemenVSwN Proceasea,Leat
-I W011l(I ublicly thank eve rya"'who Participnlad
A like to P
pudll:Me+eh 2016 First r, a Audll)
and
conhihutad le the succaae or the audit. S.0 'tlp I 1 Menoaomen{-BWL OIhsr(
_ ._
Other Items Internal Audit's Addressing
FY 2022 Audit Progress Report FY22 nA R,oun,d Pear Revlaw
III A d1 PI �e e -Raqulrad to ha completed every five yens to maintain
A III E t d A I t d omplin nca with IIA standards.The sal Paer Review wag
Cunantly U ndvwovschedula,_�lo smn.or o,nplet ed In FY2017.
F I IA' R I t' 'th M n emanl
1.Pewoll Audit-Aud'I status'.Nea Not 011icielly Commenced. gigs prove effic
Engaged In Prellnilnery Work Which Sagan on 0812312021 -IcnolTlemenling shale to im Y•enlinnca
unlcelian.nlina angegament,and taster
synarglea with Management.
Enaurin Smooth Trennillon to New Direcloi of lnlernel Audit
-Verilying all workpapers were nved accordingly In our
dotnhoeie dallo Is for new Olrec or,and anauring the day.Ioalaynoperotlons or IA are being pe formed.
and
Commissioner Zerkle commented that she didn't receive the report from September
lothosed publicly.
only
received an email stating the information in the cybersecurity audit wouldn't
Mr. Schimke stated that the information in the audit report
si nor James asked wh discussed
final repot
session due to the sensitivity of the information. Cocorr
was sent to the Commissioners. Commissioner Mullen and Mr. Schimke responded that an executive
summary of the audit report was provided which provided BDO's findings from the two phases of the
Respectfully submitted
Tony Mullen, Chair
Finance Committee
Chair David Price presented the Pension Fund Trustee Meeting Report:
PENSION FUND TRUSTEES COMMITTEE
Meeting Minutes
November 16, 2021
The Pension Fund Trustees of the Lansing Board of Water&Light(BWL) met at the BWL Headquarters
in the REO Town Depot located at 1201 S. Washington Ave., Lansing, MI) at 5:00 P.M. on Tuesday,
November 16, 2021.
Trustee and Board Chairperson David Price called the meeting to order at 5:00 p.m.
Corporate Secretary Griffin called the Roll:
The following Trustees were present: Beth Graham (arrived @5:26 p.m.), Dusty Horwitt (arrived at
5:22 p.m.), Semone James (arrived @5:22 p.m.), DeShon Leek, Tony Mullen, David Price,Tracy
Thomas, and Sandra Zerkle. Also Present: Douglas Jester (East Lansing), Larry Merrill (Delta
Township), and Brian Ross (DeWitt Township)
Absent: None
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes
Motion by Trustee Zerkle and Seconded by Trustee Mullen to approve the minutes from the
November 17, 2020; March 16, 2021; and May 25, 2021 Pension Fund Trustees Meetings.
Action: Motion Carried.
Pension Fund
Chief Financial Officer (CFO) Heather Shawa provided an overview of the information from the
Pension Memo and Pension Dashboard. VEBA plan updates include Atlanta Capital being appointed
to replace Aristotle as a VEBA small/mid cap investment manager, amending the plan for non-
bargaining employee premium sharing, and executing three rebalancing transactions as needed for
the VEBA Trust to maintain required asset allocations. DC plan updates include the transition to
Nationwide, application to an IRS Voluntary Correction Program for DC Plans 1 & 2, and extending
the Captrust contract for investment advisory services through 5/31/2023. The DB Plan has
approximately $62 million in funded assets and 127% funding status; the VEBA Plan has
approximately $248 million in funded assets and 168% funding status. This is an increase of 39%
which is largely due to market performance of 25% returns. These results were achieved while
maintaining very low fees of 0.65% and 0.63%. The 401(a) and 457(b) plans have 1,081 and 966
participants respectively and there are 261 active loans.
Commissioner Zerkle asked how the loans were repaid and what percentage was lost by taking out a
loan on the 401. CFO Shawa responded that the participants repay their loans and can have up to
two loans outstanding. CFO Shawa responded that it depended on their asset allocation. Mr. Taylor
responded that the money borrowed wouldn't be part of market returns on what is invested.
Mr. Scott Taylor, BWL Finance Manager, introduced the financial advisory panel. The Panel provided
financial plan information and followed by a question and answer session.
1) Nathan Burk, Vice President and Senior Consultant with Asset Consulting Group (ACG); ACG
assists in investment allocation, evaluation of investment managers, reporting of investment
performance and investment policy statements.
2) Mark Miller, Founder and Principal Consultant with Benassist Retirement Consulting, LLC; Mr.
Miller provides actuarial evaluation reports, assists with required annual state filing
requirements, and performs calculations for DB employee benefits at retirement.
3) Anthony Bergstrom, Financial Advisor and Relationship Manager with Captrust; Captrust
assists with fund line up selection and monitoring, investment performance reporting, fee
benchmarking and fiduciary compliance for the DC plans.
4) Michael Burkhart, Executive Relationship Manager with Nationwide; Nationwide is the DC
Plan administrator and provides personalized resources to help employees and retirees
reach their financial goals.
Mr. Nathan Burk gave a capital market update for 2021. Mr. Burke stated that as the market came
from the bottom due to the pandemic, due to the cutting of Federal Reserve interest rates to zero
and pumping liquidity into the system, there were strong equities in the fiscal year period—up on
average of about 40% to 60%. Fixed income rates were a little higher and private real estate was
higher due to the industrial sector. Mr. Burke noted that the VEBA plan had a 25.2% return on assets
for FY 2021 and the DB plan had a return of 22.13%.
Commissioner Mullen asked if anything special is done with real estate investments, relating to the
real estate situation in 2008. Mr. Burk responded that there are two primary real estate managers in
the VEBA and DB plans who invest in high quality properties without taking a lot of risk. Commissioner
Mullen also asked if the real estate situation with China has any effect on decisions made. Mr. Burke
responded that all of the real estate investments are domestic.
Chair Price asked how unusual it was for retirement funds to have a 25% return in one year. Mr.
Burke responded that it is not common, not to be expected and it was a very good year.
Mr. Mark Miller spoke about the actuary of the DB and VEBA plans funding. He noted that the funded
status for the DB plan is 127.3% while the average for funded plans in Michigan is 75%. The funded
status for the VEBA plan is 167.8% while the average for funded plans in Michigan is 50.9%. BWL is
in the top 3% out of 862 Michigan plans.
Mr. Anthony Bergstrom with Captrust spoke about the investment management, fiduciary
lansprocess
and the
plan design,vendor monitoring, and participant engagement for the 401(a) and 457(b) p
conversion from ICMA to Nationwide.
Mr. Michael Burkhart with Nationwide provided information about the retirement services that
Nationwide furnishes.
RESOLUTION #2021-11-01
ACCEPTANCE OF 2021 AUDITED FINANCIAL STATEMENTS FOR DEFINED BENEFIT PENSION
PLAN DEFINED CONTRIBUTION PENSION PLAN AND RETIREE BENEFIT PLAN
Resolved,that the Corporate Secretary receive and place on file the Defined Benefit, Defined
Contribution, and Retiree Benefit Plan reports presented during the Pension Trustee Meeting.
--------------------------
Staff comments: All three Plans received clean audit reports.
Motion by Trustee Mullen, Seconded by Trustee Zerkle, to accept the 2021 Audited Financial
Statements for Defined Benefit Pension Plan, Defined Contribution Pension Plan, and Retiree
Benefit Plan.
Action: Motion Carried.
Other
None.
Adiourn
There being no further business,the Pension Fund Trustees meeting adjourned at 5:47 p.m.
MANAGER'S RECOMMENDATIONS
There were no General Manager recommendations.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
RESOLUTIONS
RESOLUTION 2021-11-02
Longevity Adjustment
Charter Position of Corporate Secretary
Whereas, In recognition of the Corporate Secretary's many years of dedicated and exemplary service
to the Board of Water & Light and its Commissioners.
RESOLVED, On October 12, 2021 The Human Resources Committee by motion authorized the
Chairperson and the Vice Chairperson to finalize the exiting employment arrangements between Ms.
Griffin and the BWL.
FURTHER RESOLVED, all accumulated and unused paid time off(as of December 31, 2021 and January
7, 2022), which includes Vacation and Free-Choice' and a final longevity adjustment to the Corporate
Secretary's compensation is appropriate given of her many years of dedicated and exemplary service
is hereby approved.
FINALLY RESOLVED That the Chairperson and the Vice Chairperson of the Board of Commissioners
are authorized to execute all contractual amendments or agreements on behalf of the Board of
Commissioners to effectuate the final longevity adjustment.
Motion by Commissioner Mullen, Seconded by Commissioner Zerkle, to approve the Resolution for
the Corporate Secretary's longevity adjustment.
Action: Motion Carried.
RESOLUTION 2021-11-03
Retain a Hiring Consultant
WHEREAS,the Board of Water & Light has an immediate need to fill the Charter appointed positions
of Internal Auditor and Corporate Secretary;
WHEREAS, Chapter 2, Section 5-202 of the Lansing City Charter states it is the responsibility of the
Board of Commissioners to appoint an Internal Auditor and Corporate Secretary:
"(2) The Board shall appoint an Internal Auditor...
(3) The Board shall appoint its own Secretary..."
WHEREAS, the Board of Commissioners requires professional assistance ("Consultant") in filling its
appointment responsibility;
WHEREAS, Section 19.6 of the Board of Water & Light's ("BWL") Administrative Rules of Procedure
states:
"The Board of Commissioners may hire external consultants, such as accountants, but not outside
legal counsel. The full Board will meet before a consultant is hired to determine the scope of the issues
to be addressed by the consultant, the consultant's budget, and the scope of contact with the Board.
One Board member may be authorized as the primary contact with the consultant...".
WHEREAS, the Human Resources Committee recommended by motion to retain a Consultant to
assist with filling the positions of the Internal Auditor and the Corporate Secretary;
CFO Heather Shawa and Finance Manager, Scott Taylor gave a review of the September 2021 Year-
to-date Financial Summary. Mr. Taylor reported the e°most critical metrics and following: Cash both are i million.
a strong
Days Cash on Hand and Debt Service Coverage are th
position. After the completion of bringing Delta Energy Park on line and working through the COVID-
19 environment, a portion of our current cash balances
budgeted eted partly due to COVID and partly due to
infrastructure. Operating Expenses are lower thang
it being the first quarter when we have just closed out prior year initiatives and are just in the
beginning phases of the new year's initiatives.
Commissioner Mullen asked if there was a separation of fuel
recovery mthe
O&M
Budget t for these it was
volatile. Mr.Taylor responded that there wasa separate
variances in fuel.
Mr.Taylor also reported on the Ratios and noted that the Debt to Total Assets is in the red but it is
typical for utilities who generate their own power like the BWL to have a higher ratio because of the
additional cost of constructing their own generation facilities rather than buying their power from
the market. Days Sales Outstanding is in the red but BWL is working with the customers.
Commissioner Jester asked how close the mix of electricity sales by class were to being back to
normal. Mr.Taylor responded that industrial sales underperformed primarily due to General
Motors not operating at full capacity while residential
tthe status commerclal sales was for outperformed and
offset the shortfall. Commissioner Jester also asked wha
disconnections. CFO Shawa responded that past due customer he shut off pool Were reduced by about$3
million and 16,000 customer accounts were included
September Capital Report
CFO Heather Shawa gave the September Capital Report. The report contains the top ten projects,
roject is part of the BSmart program
excluding the Delta Energy Project. The ESRI Implementation p
and is on the watchlist as it is approaching exceedance.
Commissioner Mullen asked for clarification regarding the phases with regard to planned costs and
exceedances. CFO Shawa responded that the budget for the project is not considered firm until
after the project is scoped and designed. If and expected total project cost increase exceeds the
reporting threshold after that point, the project is brought to the Board for exceedance acceptance.
GM Peffley added that an accurate cost is achieved withthe scope
ost and
Commdesign
and one management is
held responsible to be within 1S% or $200,000 ofdesigned
Mullen
commented that authorization was given for this process.
Commissioner Zerkle asked whether approval had been given for this project exceedance process.
CFO Shawa responded that there is an updated resolution that supports this process. CFO Shawa
added that when the capital budget is presented,the phases of the projects are provided. GM
Peffley commented that graphs indicating in which phase or gate the projects are in is provided for
the Commissioner prior to presenting for acceptance.
ded
Commissioner James asked whether a report of the capital budget°andlons could be any exceedanpesvf GM
which states any vendor costs, the proximity to the projected
Peffley and CFO Shawa responded that they could provide Commissioner James a report.
audit and which was intended to serve as the final report for this audit. Mr. Schimke responded that
Internal Audit and BDO reviewed the FY21-05 cybersecurity audit with CFO Heather Shawa, CIO Rod
Davenport and Internal Controls, and Finance Manager, Scott Taylor. IT agreed to remediations
proposed by management.
Commissioner Zerkle asked if there were a couple of the audits that Mr. Schimke could start or
complete before the Internal Auditor position was filled. Mr. Schimke responded that the audit plan
had not been approved yet but three or four possible could be completed. Mr. Schimke stated that
he was given approval for preliminary work on the Payroll audit. He added that the new Internal
Auditor may create a different audit plan. Commissioner Zerkle asked if further authority should be
given to Mr. Schimke. Commissioner James commented that it would be up to the Board to
determine what would be in the audit plan.
A discussion followed on giving Mr. Schimke further authority to work on additional proposed audit
plans.
Motion by Commissioner Mullen, Seconded by Commissioner Zerkle, to appoint Principal Auditor
Brian Schimke as Interim Internal Auditor and give him authority to work on the internal audit plan
as Interim Internal Auditor until a Director of Internal Audit is appointed. (Resolution to be presented
the full Board for consideration)
Action: Motion Carried
t and come up
th
Commissioner Mullen requested that Mr• Schimke coreslnue with the themat the JanluarylFinance committee
three more audits that need to be completed and present
meeting if he is appointed as the Interim Internal Auditor at the Board meeting.
Commissioner Zerkle asked if the risk assessment could be presented at the January Finance
Committee meeting. Mr.Schimke responded that he would bring suggestions but would like to speak
with management regarding resources required to commit to the audits.
Commissioner James asked about the five-year peer review that needs to be completed.by the end
of the fiscal year. Mr. Schimke responded that it did need to be completed by June 30, 2022 as the
last one was done in 2017 and he has received instructions from previous Internal Auditor Phil
Perkins.
y have
he
urces
Mr. Schimke stated that he woul dlnke to Mr�Schimkeiscuss lth management whether added that he would like to includettwo or three
to commit to the audits in the p
alternate audits along with the six or seven audits determined from the risk assessment.
Commissioner James asked if Mr. Schimke would only be working on the payroll audit and the peer
review. Mr. Schimke responded he would be working on those two items and additional items.
Other
There was no other business.
Adiourn
Chair Tony Mullen adjourned the meeting at 8:01 p.m.
Absent: Commissioner Beth Graham
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes the Committee of
Motion by Commissioner Mullen, Seconded by Commissioner Thomas,to approve
the Whole meeting minutes of September 14, 2021.
Action: Motion Carried.
Regular Board Meeting Schedule 2022 Resolution missioner Mullen, to approve the Regular Board
Motion by Commissioner Price, Seconded by Com
Meeting Schedule 2022.
Action: Motion Carried.
Renewable Energy Update
General Manager Peffley gave the renewable energy update. GM Peffley reported that BWL met the
es
requirements for the agreement with the Sierra Club for S clean
end of Ju ne 2021ef ve°/months of lahelad
that is required by the State of Michigan for renewables, at the
of schedule. BWL is on track to meet the 50% goal by 2030. G 8°/ s from Peffley
frl o reported
that 15% of
gas. GM Peffley
BWL's renewable energy is from solar, 67/° is from wind,
and added that the percentage of renewable energy from solar would increase as the Ranger Power solar
of the
project, of which BWL is the largest owner for purchase
\renewable portfolio ier, would be online s generatiat the end ng more
year. BWL is also exploring battery technology for when the
energy than the domestic load.
Commissioner Jester asked about the wind energy project in Tuscola County, Michigan. GM Peffley
responded that BWL negotiated and lowered the cost by 25%for the 68 MW wind field.
Commissioner James requested a written summary of the renewable energy update and GM Peffley
responded that he would provide it to her.
cates a breakdown
Commissioner Horwitt asked if there was a pie chart on the Pe fle vressponded thatsite that he would send the
of all the places from where electricity is generated. GM Y
information to the Commissioners and also check on the website.
Tree Trimming Update to General Manager gave the tree trimming update. Trees remain
The in thel current quarter
sections of the service territory and 685 have been completed
section will be trimmed by the end of January 2022. The second round of trimming trees according
to the new standard has also begun.
Commissioner Mullen withdrew his previous motion and another motion was made.
Motion by Commissioner Mullen, Second by Commissioner Leek to start the process to hire an
independent search firm for both the Corporate Secretary and Internal Auditor positions.
Action: Motion Failed (Yeas 2: Commissioner Leek, Commissioner Mullen; Nays 2: Chair Price,
Commissioner Thomas
Another motion was made.
Motion by Commissioner Mullen, Second by Commissioner Thomas to start the process to hire an
independent search firm to produce candidates for the positions of Corporate Secretary and Internal
Auditor, which will be thoroughly vetted by the HR Committee
Action: Motion Carries (Yeas 3: Commissioner Leek, Commissioner Mullen, Commissioner Thomas;
Nays 1: Commissioner Price)
Other
None
Adiourn
Chair Price adjourned the meeting at 7:20 p.m.
Respectfully Submitted,
David Price, Chair
Human Resources Committee
Commissioner Sandra Zerkle presented the Committee of the Whole Report:
COMMITTEE OF THE WHOLE
Meeting Minutes
November 9, 2021
The Committee of the Whole of the Lansing Board of Water and Light (BWL) met at the BWL
Head quarters-REO Town Depot located at 1201 S. Washington Ave., Lansing, MI, on Tuesday,
November 9, 2021.
Committee of the Whole Chair Sandra Zerkle called the meeting to order at 5:30 p.m. and asked the
Corporate Secretary to call the roll.
Present: Commissioners Sandra Zerkle, Dusty Horwitt, Semone James, DeShon Leek, Tony Mullen,
David Price, and Tracy Thomas, and Non-Voting Members: Douglas Jester(East Lansing), Larry Merrill
(Delta Township) and Brian Ross (DeWitt Township)
Respectfully Submitted
Sandra Zerkle, Chair
Committee of the Whole
Commissioner Tony Mullen presented the Finance Committee Report:
FINANCE COMMITTEE
Meeting Minutes
November 9, 2021
The Finance Committee of the Board of Water and Light (BWL) met at the BWL Headquarters — REO
Town Depot, located at 1201 S. Washington Ave., Lansing, MI on Tuesday, November 9, 2021.
Finance Committee Chair Tony Mullen called the meeting to order at 6:29 p.m. and asked the
Corporate Secretary to call the roll.
Present: Commissioners Tony Mullen, Semone James, David Price and Sandra Zerkle. Also, present:
Commissioners Dusty Horwitt, DeShon Leek, and Non-Voting Commissioners Douglas Jester (East
Lansing), Larry Merrill (Delta Township) and Brian Ross (DeWitt Township).
Absent: Commissioner Beth Graham
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes
Motion by Commissioner Zerkle, Seconded by Commissioner James, to approve the Finance
Committee meeting minutes of September 14, 2021.
Action: Motion Carried.
September YTD Financial Summary
F�wndit.Swmnary- September2021 ...;,» '_ FLuncial5ummuq,%September21121 •., ;Y— -
C.I.h Im c Sl.u•mrnl NTD I:alirn F.m plucrc Daly
7
wires
even
Commissioner Horwitt asked if the BWL has considered pand is being offered to customers, who ho pay
is expensive. GM Peffley responded that it is expensiugh that
vebe
the extra cost. GM Peffley added that if the wires are burg in back e righthe of way, damage
c has to
obe
is on
re the root transformers also sit in the yardture of trees and if the erather than on poles.
relocated. Thehe
Personnel Issue
Committee of the Whole Chairperson Sandra Zerkle Client Privilege memorastated that General ndum la da s present
provided the Committee of the Whole with an Attorn y
and available to discuss the contents of that memorandum with us.
Motion by Commissioner Price, Seconded by Commissioner es to go into closed session for memorandum as permitted by
purpose of reviewing the contents of the attorney-client
the Open Meetings Act, specifically MCL 15.268(e).
Action: Motion Carried.
Roll Call Vote:
Yeas: Commissioners Sandra Zerkle, Dusty Horwitt, Semone James, Deer Larron y Merrill, and Mullen,
David
Price, and Tracy Thomas; and Non-Voting
Commissioners Douglas Jester, y
Nays: None.
Action: Motion Carried. The Committee of the Whole Meeting went into closed session at 6:45 p.m.
Motion by Commissioner Price, Seconded by Commissioner Thomas to return to open session.
Action: Motion Carried.
The Committee of the Whole Meeting reconvened to open session at 7:15 p.m.
Motion by Commissioner Price, Seconded by Commissioner s�°han the parameters presented authorize General Counsel
Mark Matus to negotiate a settlement with Mr. Wesley Le
Action: Motion Carried. (Yeas 6: Commissioners Zerkle, Horwitt, Leek, Mullen, Price,Thomas;
Nays 1: Commissioner James)
Other questions about a story about PFAS (polyfluoroalkyl
GM Peffley reported on a late item regarding 0 feet
eep
substances) detected in the airport area, noting that BWL�15 and haas 125 lls that ve been tested are ueveoy year s nce
in the Saginaw aquifer. The wells started being tested in
2018. GM Peffley stated that any questions can be referred to BWL Environmental Compliance
Specialist, Angie Goodman.
Adjourn
Chair Zerkle adjourned the meeting at 6:23 p.m.
recommendation to the full Board, and all Commissioners will be able to vote whether to accept the
candidate that the Committee brings forward at the Board meeting.
Chair Price stated that the interviews would be conducted at a Human Resources Committee meeting
that will be scheduled for October 261h and 271h at 4:30 p.m. Chair Price added that if the
Commissioners' selection results in a tie between two candidates, another HR Committee Meeting
will be scheduled, and additional interviews will be conducted with the candidates.
Commissioner Thomas requested that a 30/60/90-day plan be provided by each of the Internal
Auditor applicants prior to their interviews. The Commissioners agreed that the HR Department
request a 30/60/90-day plan from each of the applicants for the Commissioners to review. The
30/60/90-day plans will be provided with the HR packet and in paper copy for the HR Committee
meetings.
Other
Commissioner Leek commented about the email that all Commissioner's received regarding
Corporate Secretary's Griffin's unused paid time off and offered the follow motion:
Motion by Commissioner Leek, Seconded by Commissioner Mullen to authorize the Chairperson and
the Vice Chairperson to finalize Corporate Secretary Griffin's exit arrangements between her and the
BWL, with details to be completed and agreed upon by November 9, 2021.
Action: Motion Carried
Adjourn
Chair Price adjourned the meeting at 6:37 p.m.
Respectfully Submitted,
David Price, Chair
Human Resources Committee
HUMAN RESOURCES COMMITTEE
Meeting Minutes
October 26, 2021
The Human Resources Committee of the Lansing Board of Water and Light (BWL) met at the BWL
Headquarters-REO Town Depot located at 1201 S. Washington Ave., Lansing, MI, at 4:30 p.m. on
Tuesday, October 26, 2021.
Human Resources (HR) Committee Chairperson David Price called the meeting to order at 4:30 p.m.
and asked the Corporate Secretary to call the roll. The following members were present:
Commissioners Chair David Price, DeShon Leek, Tony Mullen and Tracy Thomas. Also present:
Commissioners Dusty Horwitt and Sandra Zerkle; and Non-Voting Commissioner Brian Ross (DeWitt
Township)
Absent: None
Public Comments
None
Approval of Minutes
conded by Commissioner Thomas, to approve the Human
Motion by Commissioner Mullen, Se
Resources Committee meeting minutes and the Closed Session meeting minutes of October 12, 2021.
Action: Motion Carried.
Interview Candidates for the Charter Appointed Position of Internal Auditor
The Human Resources (HR) Committee conducted the first set of interviews with three of the five
applicants for the Charter Appointed position of Internal Auditor, in accordance with Section 5-202.2
of the Lansing City Charter, which states: "The Board shall appoint an Internal Auditor who shall
report directly to the Board. The Internal Auditor shall serve at the pleasure of the Board."
The HR Committee members presented the three applicants with hypothetical situation questions as
well as questions about previous experiences in particular work areas.
Upon conclusion of each applicant's interview, the HR Committee engaged in discussion, reviewed,
and considered each applicant.
Other
None
Adiourn
Chair Price adjourned the meeting at 7:40 p.m.
Respectfully Submitted,
David Price, Chair
Human Resources Committee
HUMAN RESOURCES COMMITTEE
Meeting Minutes
October 27, 2021
The Human Resources Committee otedeat 120 Lansing SBoard
Wash ngton Water
Ave.a LansingB MI' at met
4 30 the
p m. on
Headquarters-REO Town Depot loca
Wednesday, October 27, 2021.
Human Resources (HR) Committee Chairperson David Price called the meeting to order at 4:30 pm
and asked the Corporate Secretary to call the roll. The following members were present:
Commissioners Chair David Price, DeShon Leek, Tony Mullen and Tracy Thomas. Also present:
Commissioners Semone James (by phone), Dusty Horwitt and Sandra Zerkle; and Non-Voting
Commissioner Brian Ross (DeWitt Township)
Absent: None
Public Comments
None
Interview Candidates for the Charter Appointed Position of Internal Auditor
The Human Resources (HR) Committee conducted the second set of interviews with two of the five
applicants for the Charter Appointed position of Internal Auditor, in accordance with Section 5-202.2
of the Lansing City Charter, which states: "The Board shall appoint an Internal Auditor who shall
report directly to the Board. The Internal Auditor shall serve at the pleasure of the Board."
The HR Committee members presented the two candidates with hypothetical situation questions as
well as questions about previous experiences in particular work areas.
Upon conclusion of each applicant's interview, the HR Committee engaged in discussion, reviewed,
and considered each applicant.
Commissioner Zerkle recommended that the Director of the Human Resources Department forward
the information of all applicants to the Human Resources Committee with an indication of the level
of qualification for the Internal Auditor position.
Commissioner Thomas commented that the interviewing process should be thorough in order to
obtain the right applicant who would fill the position for a lengthy amount of time. Commissioner
Thomas also asked for a search firm independent of BWL Management to search for candidates for
the Internal Auditor position.
Chair Price reported the scoring values for each candidate and noted that Commissioner Thomas
didn't vote.
Commissioner Thomas commented that it is the Board of Commissioners' responsibility to appoint a
qualified person for the position of the three employees. The process is to be perceived as fair and
objective and the applicant should possess the qualifications to perform the job and work well with
the BWL culture. Commissioner Thomas added that additional time should be taken to find the best
applicant,the application should be opened to a broader pool of applicants, and a search firm should
be enlisted to assist with the selection. Commissioner Thomas stated that in the previous hiring
process, the Board of Commissioners interviewed the applicants, along with the search firm, and the
Human Resources Department didn't. Commissioner Thomas stated that he would vote no as he
didn't feel comfortable with the current process. Human Resources Executive Director, Lynnette
Keller, responded that a search firm had been contracted from which the top two candidates were
obtained. Ms. Keller added that the job posting was sent out through multiple mechanisms, such as
the BWL website, Indeed.com, and Glassdoor.com.
Commissioner Mullen commented that a search firm was hired for the last interviewing process for
the position of Internal Auditor and it didn't work out. Commissioner Mullen thought BWL's internal
service through the Human Resources Department would be adequate for this interview process.
Commissioner Mullen added that he thought the current candidates were adequate but has no
problem with the application process being reopened.
Chair Price stated that the hiring process started with an approved Internal Auditor job description,
then the HR Department utilize their contracted search firm and posted the job opening on several
sites. When the applications were received in house, the applications were sent to all of the
Commissioners to review and five candidates were selected to interview. Chair Price asked what else
could be done to improve the process. Commissioner Thomas responded that the information wasn't
received until right before the Committee meeting. Commissioner Leek commented that the
Commissioners were provided the information from the applicants but weren't included by the HR
Department in the process. Commissioner Thomas added that the Commissioners are not involved
in the hiring process of the 650+ BWL employees but the three employees are their responsibility.
The process should involve extensively searching for an applicant as the Internal Auditor position is a
major position in the company with a large financial responsibility. Chair Price stated that the HR
Department does the vetting of the qualifications of the applicants and the Commissioners conduct
the interviews of the applicants just like managers of BWL departments conduct the interviews of
applicants for their departments.
Motion by Chair David Price, Seconded by Commissioner Tony Mullen to reopen the hiring process
for additional candidates and to have the Human Resources Department hire an additional
independent search firm.
Action: Motion failed. (Yeas 2: Commissioners DeShon Leek and Tracy Thomas; Nays 2: Chair Price
and Commissioner Tony Mullen)
Commissioner Mullen commented that he didn't think the hiring process needed to be reopened or
that an additional search firm was needed but was not completely opposed to it. Commissioner
Mullen is willing to change his vote to obtain additional applicants from a wider net. Commissioner
Thomas stated that the current applicants would still be considered.
Commissioner Zerkle asked if there would be guidelines put in place for the length of time to receive
additional applications. Commissioner Mullen stated that he had no problem with delegating
authority to the Human Resources Department for proceeding with recruiting applications for the
Internal Auditor position.
Commissioner Mullen made a motion to reopen the application process for the Internal Auditor
position with an independent search firm and finish the process by the end of November.
Commissioner Thomas requested that the Board of Commissioners be mentioned and included in the
motion to reopen the application process and search with an independent search firm and that by
the end of November be removed from the motion.
Commissioner Horwitt commented that it was important to have the appearance of independence in
the process, the search firm should report to the Board of Commissioners and it would give added
confidence to the Board that the decision was made without BWL management's influence.
Commissioner Mullen asked that the hiring of a new Internal Auditor be done as expeditiously as
possible. Commissioner Thomas asked for a copy of the previous hiring process to be sent to the
Commissioners. Chair Price stated that the previous Internal Auditor hiring process transpired from
January to May 2019 and included acquiring a search firm, searching for applicants, survey responses
from Commissioners, initial screening of candidates by the HR Director, and scheduling interviews.
WHEREAS,the Board of Commissioners desires to use the services of the Executive Director of Human
Resources to issue a Request for Proposal ("RFP"); to obtain
obn choose from multiple proposals ("Proposals") from
hiring recruiters from which the Board of Commissioners
and
RESOLVED, the Board of Commissioners hereby directs the Executive Director of Human Resources
to issue a RFP for the sole purpose of obtaining Proposals for recruiting consultants.
RESOLVED, the Board of Commissioners will choose and retain the Consultant for the above-stated
purposes from the Proposals provided.
RESOLVED, the Board of Commissioners will require the Consultant to report directly to the Human
Resources Committee,with the Chairperson as the primary contact.
NOW,THEREFORE BE IT RESOLVED FURTHER, the Board of Commissioners will require the terms of
Consultant engagement, specifically describing the scope, consistent with Section 19.6 of the Board
of Water & Light's ("BWL") Administrative Rules of Procedure.
Motion by Commissioner Zerkle, Seconded by Commissioner Graham, to approve the Resolution for
the Retention of a Hiring Consultant to assist with the recruitment for the Internal Auditor and
Corporate Secretary positions.
Discussion: Commissioner Merrill questioned the process of hiring a consultant to select
candidates since interviews had already been conducted. Chair Price stated that there were
comments made about the process not being open, although emails were sent regarding the
process and no responses were received. Chair Price stated that Initially he and Commissioner
Mullen voted no to the motion in the HR Committee, but Commissioner Mullen changed his
vote so that the motion could be forwarded to the full board for conside ration.to going g issio rer
Merrill asked why the process had been considered faulty and appeared
with hiring a consultant. Commissioner Thomas stated that his objection to the process was
due to the late reception of the 30/60/90 day
work
plans
tand the bra t that requested,
were the
no
Rubric scoring system that was not implemented timely
candidates outside of the State of Michigan. He also stated that he did not have the
opportunity to review the only relevant document dated August 30th, due to a personal
matter, death of best friend,who passed away on August 30th. Commissioner Thomas stated
that these Board Appointed positions are important positions; and he added that the HR
Department can process the paper work, but there needs to be a "independent" consultant
hired to work with the HR Committee to lect the ndependent)candidates
a m was these hired for pprev onus
s.
Commissioner Zerkle commented that an outside
appointment selections.
Chair Price called the question to stop the discussion/de Zerkle; s l:
a e. Roll Call
Vote
7:C mmissioner
Graham, Horwitt, James, Leek, Mullen,Thomas and
Motion on the Floor as follows: rove the Resolution for
Motion by Commissioner Zerkle, Seconded by Commissioner Graham,to approve
ruitment for the Internal Auditor and
the Retention of a Hiring Consultant to assist with the rec
Corporate Secretary positions.
Action: Motion Carried. (Yeas 6: Commissioners Graham, Horwitt, James, Leek,Thomas, and Zerkle;
Nays 2: Commissioners Mullen and Price)
RESOLUTION 2021-11-04
Regular Board Meeting Schedule 2022
In accordance with the Lansing Board of Water & Light's Rules of Administrative Procedure, a
schedule of dates, places, and times for each regular meeting of the Board of Commissioners for the
calendar year shall be adopted in November.
RESOLVED, that regular meetings of the Lansing Board of Water & Light's Board of Commissioners
are hereby set for calendar year 2022 as follows, unless otherwise notified or as a result of date
conflicts with rescheduled City Council meetings:
2022
Lansing Board of Water& Light Board of Commissioners
Regular Board Meeting Schedule
Tuesday January 25
Tuesday March 22
Tuesday May 24
Tuesday July 26
Tuesday September 27
Tuesday November 15
Meetings will be held in the Lansing Board of Water & Light REO Town Depot located at 1201 S.
Washington Ave., Lansing, MI at 5:30 p.m.
RESOLVED FURTHER, that a notice of the meeting schedule shall be published in a newspaper of
general circulation in Ingham County the week of January 1, 2022.
Motion by Commissioner Leek, Seconded by Commissioner Zerkle, to approve the 2022 Regular
Board Meeting Schedule.
Action: Motion Carried.
Proposed Resolution
Interim Internal Auditor
PULLED FROM THE AGENDA
WHEREAS, on November 9, 2021 the Finance Committee recommended that BWL Principal Auditor
Brian Schimke be named as the Interim Internal Auditor and report directly to the Board of
Commissioners until a permanent Internal Auditor has been named.
WHEREAS, as the Interim Internal Auditor, Mr. Schimke is authorized to work on the Internal Audit
Plan.
RESOLVED, that Brian Schimke will serve as the Interim Internal Auditor until the Charter Appointed
position of(Director) Internal Auditor is filled by the Board of Commissioners.
RESOLUTION 2021-11-05
Grant of Settlement Authority
WHEREAS, On November 9, 2021 the Committee of the Whole met in Closed Session for an Attorney
Client Privilege Memorandum as permitted in Open Meetings Act, specifically MCL 15.268(e).
WHEREAS, by motion the Committee of the Whole recommended authorization for the Legal Counsel
to negotiate a settlement between the BWL and Mr. Wesley Lewis within the set-forth parameters.
RESOLVED, that the Board of Commissioners, authorizes Legal Counsel to negotiate a settlement of
claims made against the Board by Mr. Wesley Lewis within the recommended parameters.
Motion by Commissioner Mullen, Seconded by Commissioner Zerkle,to approve the Resolution for
Authority to Settle
Action: Motion Carried.
MANAGER'S REMARKS
There were no manager's remarks.
COMMISSIONERS' REMARKS
There were Commissioner's remarks.
PUBLIC COMMENTS
There were no public comments.
ADJOURNMENT
Chair Price adjourned the meeting at 6:43 p.m.
M.Denise Griffin,Corporate Secretary
Preliminary Minutes filed(electronically)with Lansing City Clerk 11-19-21
Approved by the Board of Commissioners:01-25-22
Official Minutes filed(electronically)with Lansing City Clerk:01-26-22
Approved by the Board of Commissioners 11-16-21
AMM
Hometown People.Hometown Power.
MINUTES OF THE BOARD OF COMMISSIONERS MEETING
LANSING BOARD OF WATER AND LIGHT
September 28, 2021
The Board of Commissioners met at the Lansing Board of Water and Light (BWL) Headquarters-REO Town
Depot located at 1201 S. Washington Ave., Lansing, MI, at 5:30 p.m. on Tuesday, September 28, 2021.
Chairperson David Price called the meeting to order at 5:30 p.m.
Chair Price welcomed Non-Voting Commissioner Brian Ross representing DeWitt Township.
The Corporate Secretary, M. Denise Griffin, called the roll.
Present: Commissioners David Price, Semone James, DeShon Leek, Tony Mullen, Tracy Thomas, and
Sandra Zerkle. Non-Voting Commissioners present: Douglas Jester (East Lansing), Larry Merrill (Delta
Township), and Brian Ross (DeWitt Township)
Absent: Commissioner Beth Graham
Corporate Secretary Griffin declared a quorum.
Commissioner Leek led the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Commissioner Mullen, Seconded by Commissioner Leek, to approve the Regular Board
Meeting minutes of July 27, 2021.
Action: Motion Carried.
PUBLIC COMMENTS ON AGENDA ITEMS
There were no public comments on agenda items.
COMMUNICATIONS
Electronic mail received from Kyla Holmes regarding tree removal - Referred to Management. Received
and Placed on File
Electronic mail received from Kathi Raffone regarding an overgrown field - Referred to Management.
Received and Placed on File
Approval of Minutes
Motion by Commissioner Thomas, Seconded by Commissioner Zerkle, to approve the Human Resources
Committee meeting minutes of May 18, 2021.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek, Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
FY 2022 Board Appointee Performance Reviews
HR Committee Chair Mullen opened the floor for the Board Appointee Performance Reviews.
Corporate Secretary
Corporate Secretary M. Denise Griffin requested a closed session for the purpose of receiving her
contractual year-end performance evaluation as permitted by the Open Meetings Act exemption MCL
15.268(a).
Motion by Commissioner Thomas,Seconded by Commissioner Leek,to enter into closed session to discuss
the contractual year-end performance evaluation of Corporate Secretary M. Denise Griffin.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek, Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
The Human Resources Committee went into closed session at 5:35 p.m.
Motion by Commissioner Thomas, Seconded by Commissioner Leek, to reconvene into open session.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek, Tracy Thomas and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
The Human Resources Committee reconvened to open session at 5:52 p.m.
Upon conclusion of the Closed Session, the following motion was offered:
Motion by Commissioner Thomas, Seconded by Commissioner Leek,to forward a resolution reappointing
M. Denise Griffin to the Charter position of Corporate Secretary for FY22 to the full Board for
consideration.
Commissioner Thomas commended Corporate Secretary Griffin on her good work and serving the eleven
Commissioners.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek, Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
to
Motion by Commissioner Thomas, Seconded by commissioners er le, nod swardune he Resolution the full Board
for the
Collective Bargaining Agreement between BWL and IBEW date g
for consideration.
Action: Motion Carried.
Excused Absence
There were no excused absences.
Other
There was no other business.
Adjourn
HR Chair Mullen adjourned the meeting at 5:25 p.m.
Respectfully Submitted,
Tony Mullen, Chair
Human Resources Committee
Chair David Price presented the Finance Committee Report:
FINANCE COMMITTEE
Meeting Minutes
July 13, 2021
The Finance Committee of the Board of Water and Light (BWL) met at the BWL Headquarters—REO Town
Depot, located at 1201 S. Washington Ave., Lansing, MI on Tuesday, July 13, 2021.
Finance Committee Chair David Lenz, called the July 13, 2021, 5:30 p.m. Finance Committee meeting to
order at 5:30 p.m.
Corporate Secretary Griffin took the roll call to acknowledge attendance.
Present: Commissioners David Lenz, Beth Graham, David Price and Tracy
Douglas Jester Allso r present:ast eSaond
Leek, Tony Mullen, and Sandra Zerkle; and Non-Voting Commissioners
Larry Merrill (Delta Township).
Absent: Commissioner Ken Ross
The Corporate Secretary declared a quorum.
Public Comments
There were no public comments.
Approval of Minutes the Finance Committee
Motion by Commissioner Price, Seconded by Commissioner Graham, to approve
meeting minutes of May 11, 2021.
Action: Motion Carried.
of which includes submittal to the Lansing City Council for approval. Commissioner Lenz asked if the
Nominating Committee exists so that Commissioners who are nominated are not casting a vote for
themselves. Corporate Secretary Griffin stated that the Nominating Committee usually consists of
Commissioners who are not seeking the position of Chairperson or Vice Chairperson.
Excused Absence
None
Adjourn
There being no further business, the meeting adjourned at 5:01 p.m.
Respectfully submitted,
Tony Mullen, Chair
Nominating Committee
Commissioner Tony Mullen presented the Human Resources Committee Reports:
HUMAN RESOURCES COMMITTEE
Meeting Minutes
June 15, 2021
The Human Resources Committee of the Lansing Board of Water and Light (BWL) met via WebEx (BWL
Headquarters-REO Town Depot located at 1201 S. Washington Ave., Lansing, MI) at 5:30 p.m. on Tuesday,
June 15, 2021.
Event Address for Attendees:
https://lbwlevents.webex.com/Ibwlevents/onstage/g.php?MTID=e31f1898a5116bb599080eb3f46b268aa
Event Number for Attendees: 132 102 7716 Event Password: B7u7JdVKW9p
Audio Conference: United States Toll +1-408-418-9388 Access Code: 132102 7716
Human Resources (HR) Committee Chairperson Tony Mullen called the meeting to order at 5:30 p.m. and
asked the Corporate Secretary to call the roll.
The following Commissioners were present via audio/video:
Tony Mullen remotely, Lansing, MI (Member) DeShon Leek remotely, Lansing, MI (Member)
Tracy Thomas remotely, Lansing, MI (Member) Sandra Zerkle remotely, Lansing, MI (Member)
Stuart Goodrich remotely, Delhi Township, MI Beth Graham remotely, Lansing, MI
Larry Merrill remotely, Delta Township, MI David Price remotely, Lansing, MI
Ken Ross remotely, Lansing, MI
Absent: None
The Corporate Secretary declared a quorum.
Public Comments
None.
May YTD Financial Summary
Chief Financial Officer (CFO) Heather Shawa provided highlights from the May 2021 YTD Financial
Summary and noted that the May 2021 YTD financial statement has not closed yet due to the
implementation and interfacing of the new iPayables system and the Customer Information System(CIS).
CFO Shawa noted that she will email the May financial statement information to the Commissioners when
it is available. An update will be provided on the June year-end financial information at a future meeting.
The total operating revenue for May YTD was $347 million compared to a budget YTD of$351 million and
the $4.2 million variance under budget was primarily in wholesale. The total net income was $39 million
compared to the budget YTD of just under $3 million.
Commissioner Mullen asked whether the $36 million variance will be spent next year. CFO Shawa
responded that the return on assets is expected to be exceeded again this year and will be reinvested in
the infrastructure. CFO Shawa added that a high-risk area is residential uncollectibles and bad debt which
is being watched closely. GM Peffley responded that the uncollectibles amount should decrease as
shutoffs will start again and payments will begin to be made.
Commissioner Zerkle questioned if additional financial help grants or packages will be received to take
care of customers. GM Peffley responded that none are expected at this time. He added that $9 million
was promised and a check for $3 million was received but had to be sent back.
Commissioner Jester inquired about the net price increase in wholesale electricity and gas prices and
questioned if the increases were due to polar vortex events. GM Peffley responded that gas prices
increased and BWL has a lot of gas under contract and that he would provide the percentages to the
commissioners. Gas prices are passed to the customers through fuel cost adjustments on monthly bills.
CFO Shawa provided a report of capital projects spend excluding Delta Energy Park. The report provides
a summary of what projects might require a capital project exceedance request. It was recommended
that this be reported in three different Finance committee meetings and will be provided in the packet in
those future meetings. The report gives what is projected for the top ten projects, remaining planned
projects, and annual projects. The grand total provides the fiscal year to date budget and projected for
all projects.
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commissioner Zerkle asked whether the amount over budget for the
i last
r Manlisted
w t Sy be discussed
ADM )
in a future meeting. CFO Shawa responded that the Advanced Dist t
is one of the projects in the BSmart program and it was hit with
a
ith so with e scheduling
che resolution f gdelor ays some due to
quest for an
COVID-19, and it will be on the September Finance agenda
exceedance.
Finance Chair Lenz inquired whether the ADMS project was with an outside vendor. CFO Shawa
responded that it is with ACS software and it is their platform anedtheir
thevendor. CFO Shawa
tion which they will provide.
Chair Lenz also asked if additional payment was being request y t
responded not at this time however, there is a change order section in the contract and an escalation
process internally for review and approval.
Retirement Plan Committee (RPCI Update
CFO Shawa provided the Retirement Plan Committee (RPC) update.
investment
reported to therHuman
taken
will be reported to the Finance committee and any administrative actions will be 25-
Resources Committee. The VEBA large cap equity fund target asset
all catson is rom BWL30%withancial rangadvorosfand
35% and it hit 35% in February 2021. Recommendations weresought
the recommendation was made and approved by the RPC to transfers from the fund large
will be funded equity to theJul real
assets fund. The Blackstone fund was previously funded and the
AEW 2021.
Internal Audit Status Report
Internal Auditor, Mr. Wesley Lewis, presented the Internal Auditor Status Report.
FY 2021 Audit Progress Report FY 2022 Risk Usment Process
Autlll E a m nt d A 11vItIe I Audit Pla C hn l t d Curr rally Underway,
S h d I dt start Ch na d 1. Initial Input Was received from Management during March and April 2021.
1• U trill dA e 1 N N bl -A dll:talus:C°mplaled,Autlll Rapod llsuado.d 1031 2. Follow-Up with them has taken place.
a u o e Iml-apart SUNI:e°mpnlae.AVee Ra da 112111 uaa1o11 3. IA has already started risk before
id-Maybusine 2 processes that are duo for audit.
1• This process will be done before mid-May 2021.
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sValeak Plans-0pe to mo M �^9" me so�mpand Nrougn wnmrnnq decusswns wnn uK Iwothe, 5. IA will share[ha audit plan with the CFO toward the end of May for their
January 2U21 approval° Ne dude engagement loafuNr<rascal period_ feVl9W and feedback.
owner,IA ae+ermmed tnalnlwum mare zense+o slpon< 6. IA WIII present the audit plan to Senior Management during the second week
U)FN ATF t-The same slluaeon apples Io NIs aunt e�ag¢menl.me new Process went Ilve.m
September 2020 and rcpattd Ne�3eneral ntanagefs H°aln<. of June 2021 for their review and feedback.
6. Omar Audit Amlvllias-Ongolrll 7. IA will present the audit plan to the Flnance Committee for Its consideration
and approval during Its July 2021 meeting. rt 1
its U :Esrlmatad slap and coniplerMn dines al all eneseemanls lktedaM•r an subfnnla changx.
B. Finance Committee I
for Its consideration on and present ndapproval duri I during BOC ta July 2021 meeting report to the
' Finance Committee MeeW1g
4
Finance C-11hee Meelm9 3 � � 711312021
7113t2021 —
Commissioner Lenz asked when the cybersecurity process report would be completed and provided.
Mr.
vided
n and
Lewis responded that he would be meeting on Thursday
was the fast and tsrepodrtbin thistarea. Mr. Lewis
within two weeks. Commissioner Lenz asked if this
affirmed. Commissioner Zerkle responded that there was a similar audt t the oulnerabmpletedlty asse
sssment
previously. Commissioner Lenz suggested providing a simplereport
synapsis of the results. Mr. Lewis agreed that the suggestion was a good idea.
Motion by Commissioner Lenz, Seconded by Commissioner Graham to nominate Commissioner Tracy
Thomas as the Vice Chairperson for the 2021-2022 fiscal year
Roll Call Vote:
Yeas: Commissioners David Lenz
Nays: Commissioners Tony Mullen, Beth Graham, and Deshon Leek
Action: Motion Failed
Motion by Commissioner Leek, Seconded by Chair Mullen to nominate Commissioner Sandra Zerkle as
the Vice Chairperson for the 2021-2022 fiscal year.
Discussion: Commissioner Lenz questioned if Commissioner Thomas and Commissioner Zerkle had been
vice chair prior to this past year. Chair Mullen affirmed Commissioner Zerkle had held the officer position
of vice chair previously as well as the officer position Grahamaperson an had noted that commire extnsive ssioner one rZerkleexperience
d d have a
with BWL and Board related matters. commissioner
great deal of institutional knowledge.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Beth Graham, Deshon Leek, and David Lenz.
Nays: None
Action: Motion Carried
Motion by Commissioner Leek, Seconded by Commissioner Graham to present the slate of Officers for
2021-2022 to the full Board for consideration as follows:
Chair: David Price
Vice Chair: Sandra Zerkle
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Beth Graham, Deshon Leek, and David Lenz
Nays: None
Action: Motion Carried
Nominating Committee Chairperson Mullen stated that the recommended slate of officers will be
presented to the full Board for consideration at the July 27th Board/Annual Organizational meeting; and
that Nominations would also be taken from the floor for the Officer positions of Chairperson and Vice
Chairperson at the said meeting.
Chair Mullen commented that as the Nominating Committee is small and believes that there isn't a reason
for its existence, and that Commissioners should be able to submit their names for.the Chair and Vice
Chair positions to be voted on at the full Board meeting or have the Committee of the Whole as the
Nominating Committee. Commissioner Lenz questioned if there is a specific reason for a Nominating
Committee. Corporate Secretary Griffin responded that the BWL Board of Commissioner's Administrative
Rules of Procedure designates the Nominating Committee as a Standing Committee that is specifically
charged with the task of nominating and presenting a slate of officers at its Annual Organizational Meeting.
Chair Mullen commented that the rules could be changed by the Board. In response, Corporate Secretary
Griffin relayed that there is a process for making changes to the Administrative Rules of Procedures, one
2. BWL did not get selected for the water grant for which they applied but will work with lobbyists to find
out why and report back to the Commissioners.
3,The Federal Infrastructure Plan is still in committee and when the plan is signed the Finance Department
has a team ready to determine the best use for the funding.
4. Prior to the pandemic BWL averaged about $1 million per month in unpaid utility bills, and in August
after the pandemic started there was $13.2 million in unpaid bills. Pandemic Relief Fairs with 12
community partners were held a month ago to assist with bill paying. About 100 people were expected
and 1,000 people showed up and were assisted.
Chair Price commended the BWL and stated that the relief was an outstanding thing to do.
5. The First Step Program is in its thirteenth year. Fourteen students work alongside BWL employees from
January to May. The students work 15 hours a week at $12 per hour and those that complete the
program receive an additional $2,0000 stipend for a participating college. The application process is
currently in effect for participation for January 2022.
Commissioner Mullen commented that Lansing students are to be encouraged to apply as BWL is a local
entity. GM Peffley responded that there is now a better relationship with the leadership of the Lansing
School District and that the applications go through Michigan Works rather than BWL. Lansing students
will be encouraged to apply.
6. The Amazon Fulfillment Center is a one million square foot warehouse that is being built on the corner
of Mt. Hope and Creyts Roads in the BWL service territory. It will be serviced at three or four watts of
energy per square feet if a contract is signed.
7. The BWL Policy on removing trees states that trees can't be removed without the owner's approval.
BWL is currently working with the Moore's Park Neighborhood and it is in the last quarter of the tree
trimming sections. BWL has gone from being near the bottom in restoration time to being at the top
in the state of Michigan at 50 minutes.
Chair Price commented on being slammed in reports after the ice storm for not maintaining the tree
trimming scheduling, that weather has become more severe and other utilities may take days for
restoration. The safety of the line workers and restoration time are the most important items. GM Peffley
added that he doesn't want trees to be cut down but safety and service to customers is more important.
8. In the Advanced Metering Infrastructure (AMI) program the BWL conducted a successful campaign in
which there were 8,000 meters left to change in the spring and now there are 3,500 meters left to
change.
9. There was a question sent through the BWL communication process from a customer about a water
bill discrepancy and excess water use while the customer was on vacation. The water was running
while customer was on vacation and the Smart meter was able to indicate that there was water usage.
10. After 10 years, BWL has regained a 10.8% differential between the nearest customer on residential
rates.
Commissioner Jester inquired about the water meter that leaked while the customer was on vacation and
if there would be a leak notification created. GM Peffley responded that there is notification project in
progress that will send a notification if there is not a zero-usage reading if a customer indicates they will
be on vacation.
Commissioner Zerkle commented that she appreciates the updates that GM Peffley provides and that
BWL employees have a part in the accomplishments of the programs.
Commissioner Leek inquired about the hiring process for the Internal Auditor position and the
Commissioners' tasks in the process. GM Peffley responded that a job description was put together and
it was sent the Human Resources (HR) Committee, which they approved. BWL marketed the position
through internal resources and a head hunter that is on contract. Three applications were received for
the Internal Auditor position and forwarded to the HR Committee Chair. Applications will be received
through next week. GM Peffley reviewed the questions asked in the previous interviewing process and
will forward them to the Commissioners for edits. The next step after that will be to set up the interview
process.
Chair Price stated that he polled the HR Committee earlier and a meeting is being scheduled in two weeks
to review the applications received along with the HR Director.
Commissioner Thomas asked for a list of the 12 community partners that participated in the Pandemic
Relief Fairs.
Commissioner James asked for information about the process for open enrollment and benefits. She also
asked for information regarding the pros and cons for the services provided by the Pension provider for
retirement and why that provider was selected. GM Peffley responded that the information would be
sent to her.
COMMISSIONERS' REMARKS
There were no Commissioners' remarks.
EXCUSED ABSENCE
Motion by Commissioner Mullen, Seconded by Commissioner Zerkle, to excuse Commissioner Graham
from tonight's meeting.
Action: Motion Carried.
PUBLIC COMMENTS
Bryan Taylor, Moores Park Neighborhood, spoke against the tree trimming that is planned and the
proposals that have been offered and presented. Mr. Taylor asked that the tree trimming be postponed
until the BWL can meet with the Moore's Park Neighborhood and discuss what can be done to manage
the power lines in the neighborhood and protect the trees.
Alana Binker, Moores Park Neighborhood, spoke against the tree trimming that is planned.
ADJOURNMENT
Chair Price adjourned the meeting at 6:24 p.m.
M.Denise Griffin,Corporate Secretary
Preliminary Minutes filed(electronically)with Lansing City Clerk 10-01-21
Approved by the Board of Commissioners:11-16-21
official Minutes filed(electronically)with Lansing City Clerk: 11-17-21
The Human Resources Committee went into closed session at 6:26 p.m.
Motion by Commissioner Thomas, Seconded by Commissioner Leek, to reconvene into open session.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek, Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
The Human Resources Committee reconvened to open session at 7:06 p.m.
Upon conclusion of the Closed Session, the following motion was offered:
Motion by Commissioner Leek, Seconded by Commissioner Thomas,to forward a resolution reappointing
Wesley Lewis to the Charter position of Internal Auditor for FY22 to the full Board for consideration.
Roll Call Vote:
Yeas: Commissioners Deshon Leek,Tracy Thomas, and Sandra Zerkle.
Nays: Commissioners Tony Mullen
Action: Motion Carried.
Subsequent Steps for Board Appointed Employees Contracts
Motion by Commissioner Mullen, Seconded by Commissioner Thomas, to charge the HR Chair and the
Board Chair with the task of working with the appointed employees on their respective annual merit
considerations on behalf of the Board of Commissioners.
Commissioner Thomas noted that the motion for the reappointments was being forwarded to the full
board.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek, Tracy Thomas, and Sandra Zerkle.
Nays: None
Action: Motion Carried.
Excused Absence
None.
Other
Commissioner Zerkle commended GM Peffley on his efforts during the COVID-19 pandemic, how the
employees and customers were treated, and all the considerations that were put into place for their safety
and well-being.
Adjourn
Chair Mullen adjourned the meeting at 7:14 p.m.
Respectfully Submitted,
Tony Mullen, Chair
Human Resources Committee
Public Comments
None.
Approval of Minutes
Motion by Commissioner Zerkle, Seconded by Commissioner Graham,to approve the Finance Committee
meeting minutes of July 13, 2021.
Action: Motion Carried.
Baker Tilly External Audit Report and Resolution
Chief Financial Officer (CFO) Heather Shawa provided background information on the annual external
audit report. Ms. Shawa introduced external auditor Aaron Worthman, Partner and CPA at Baker Tilly
Virchow Krause, LLP. Mr. Worthman presented and highlighted the external audit report which included
an audit overview, management's responsibilities, the audit approach and results, accounting changes
relevant to BWL,and trending challenges and opportunities. BWL received an unmodified or clean opinion
which is the highest level of assurance provided. Mr. Worthman stated that 30%of the audit process was
internal controls, 40%was substantive testing and 30%was reviewing financial reports. Internal controls
include disbursements, payroll, billing and information technology while substantive testing consists of
reviewing cash and investments and fixed asset purchases. Mr. Worthman reported that there were no
deficiencies in internal controls.
Mr. Worthman noted from the financial statements the income available for revenue bond debt
retirement was $52.7 million for 2021 and was a significant increase from $29.7 million in 2020. Mr.
Worthman also noted that operating revenues increased by $15.9 million or 6% and was mainly due to
increased rates in 2020. Operating expenses decreased $18.3 million or 5.7% which was mostly due to
decreased administrative expenses in health care and positive investment performance. Mr. Worthman
also reported that there was a substantial increase in debt services due to capitalized interest payments
on the last borrowings and this will level off in 2023.
Chair Zerkle asked if the COVID-19 pandemic was the reason for the greatest part of the increase in water
and electric revenues. Mr. Worthman responded that the rate increase for 2020 was the reason for the
increase in revenues. GM Peffley added there was an increase in residential electricity and water use due
to employees working from home and it wasn't offset by a decrease in commercial consumption.
Mr. Worthman reported that the disclosures in the financial statements are neutral, consistent and clear.
He stated that, when reviewing the financial statements and financial plans, assets and projected
outcomes are an assumed value and the audit determines whether these are reasonable assumptions.
Chair Mullen commented that there were bound presentations of the audit on the side table for all of the
Commissioners and thanked the CFO and Finance Department for their work on the audit.
Commissioner Merrill inquired about net fund assets with no allocation and whether there were any
benchmarks or standards for balancing prudence and what customers are charged. Mr. Worthman
responded that the Government Finance Officers Association (GFOA) website provides information on
benchmarking and what should be reviewed. The information isn't specific to utilities but to governmental
entities. CFO Shawa responded that recommendations are being reviewed and that information placed
on the Financial Dashboard is benchmarked. Commissioner Merrill asked if information from other public
utilities was compared for an industry standard. GM Peffley responded that information from all public
utilities is reviewed for competiveness through information obtained through American Public Power
Association (APPA).
Motion by Commissioner Zerkle, Seconded by Commissioner Graham, to forward to the Board Meeting
the Acceptance of the Resolution for the 2021 Audited Financial Statements.
Action: Motion Carried.
Advanced Distribution Management System (ADMS) Capital Project Exceedance Policy and Resolution
CFO Shawa stated that the ADMS project is part of the BSmart program and is the replacement of the
prior Outage Management System (OMS). Phase I was fully implemented and Phase II is the energy side
of it. Additional approved scope is 50% of the ADMS project exceedance request and the other 50% is
internal and outside labor and additional hardware purchases. GM Peffley responded that the regulations
changed after the project was started and has been included in the exceedance request. CFO Shawa
requested approval of the exceedance in order to complete the project.
Motion by Commissioner Graham, Seconded by Commissioner Zerkle, to forward to the Board Meeting
the Advanced Distribution Management System Capital Project Exceedance Policy Resolution.
Action: Motion Carried.
July YTD Financial Summary
Finance Manager, Scott Taylor gave a review of the July 2021 Year-to-date Financial Summary. Mr.Taylor
reported the following: revenues were budgeted at $32 million and it is at $31 million; operating
expenditures were budgeted at $26 million and $23 million was spent; Net Income was budgeted just
above $ million and it is now a little under$8 million. Mr. Taylor noted that as July and August are typically
slower months financial factors are typically under budget.
Update on Federal Infrastructure Plan
GM Peffley reported that in response to Commissioners' request about funding from the government and
will provide an update on water at the Regular Board meeting. Grants are requested through the city as
the opportunities are available. CFO Shawa gave an update on the Federal infrastructure plan. The
Federal infrastructure plan is being monitored as it is awaiting being passed. Clean drinking water, electric
vehicles infrastructure, distribution planning and energy efficiency, and cybersecurity efforts are items of
interest for BWL.
Chair Mullen inquired whether the funding that is being requested is in addition to what BWL would spend
or is it in place of what would be spent. Commissioner Zerkle responded that it would be extra money to
start a project that has been budgeted. GM Peffley added that the funding requested would be in addition
in order that a project could be completed sooner.
Commissioner Zerkle commended the BWL program that assisted with the Financial Pandemic Relief Fair.
GM Peffley responded that BWL shuts off less customers' utilities than any other utility in the state. GM
Peffley added that there was increase of unpaid bills from $1 million to $11 million during the pandemic
and that there was $30 million of financial assistance available to pay past due bills. BWL hopes that at
least $5.5 million of the unpaid bills will be paid through the financial assistance available.
Other
Motion by Commissioner Zerkle, Seconded by Commissioner Graham, to excuse Commissioner Semone
James from tonight's meeting.
Action: Motion Carried
Adiourn
Chair Tony Mullen adjourned the meeting at 7:16 p.m.
Respectfully submitted
Tony Mullen, Chair
Finance Committee
MANAGER'S RECOMMENDATIONS
There were no Manager's Recommendations.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
RESOLUTIONS
RESOLUTION 2021-09-01
PA 152 Health Care Premium Sharing
WHEREAS, Governor Rick Snyder, on September 27, 2011, signed legislation known as the "Public Funded
Health Insurance Contribution Act", Public Act 152 of 2011 (the "Act") limiting the amount public
employers may pay for government employee medical benefits, and;
WHEREAS, the Act took effect January 1, 2012 and applies to all public employers including the Lansing
Board of Water & Light, and;
WHEREAS, the Act contains three options for complying with the requirements of the Act;
WHEREAS, the three options are as follows:
1) Section 3 - "Hard Caps" Option - limits a public employer's total annual health care costs for
employees based on coverage levels, as defined in the Act;
2) Section 4 - "80%/20%" Option - limits a public employer's share of total annual health care costs
to not more than 80%. This option requires an annual majority vote of the governing body;
3) Section 8 - "Exemption" Option - a local unit of government, as defined in the Act, may exempt
itself from the requirements of the Act by an annual 2/3 vote of the governing body;
WHEREAS, the Board of Commissioners desires to maintain premium sharing at 20% for all active
employees for medical benefits effective January 1, 2022 through December 31,2022,
RESOLVE that the Board of Commissioners by a majority vote has decided to adopt the 80%/20% option
as its choice of compliance under the Act;
NOW, THEREFORE, BE IT RESOLVED the Board of Commissioners of the Lansing Board of Water & Light
elects to comply with the requirements of 2011 Public Act 152, the Publicly Funded Health Insurance
Contribution Act, by adopting the 80%/20% option for the medical benefit plan coverage year January
1, 2022 through December 31,2022.
Motion by Chair Price, Seconded by Commissioner Mullen, to approve the Resolution for the PA 152
Health Care Premium Sharing.
Action: Motion Carried.
RESOLUTION 2021-09-02
Fiscal Year 2021 Audited Financial Statements
of the Enterprise Fund and Pension Fiduciary Funds
RESOLVED, that the fiscal year 2021 Audited Financial Statements of the Board of Water and Light have
been reviewed and are hereby accepted as presented.
FURTHER RESOLVED, that the Corporate Secretary is hereby directed to file a copy of the fiscal year 2021
Audited Financial Statements of the Board of Water and Light and the report on auditing procedures with
the State Treasurer as required by the Uniform Budgeting and Accounting Act (Public Act 2 of 1968, as
amended) no later than December 31, 2021.
FURTHER RESOLVED, that the Corporate Secretary is hereby directed to file a copy of the fiscal year 2021
Audited Financial Statements of the Board of Water and Light with the City of Lansing no later than
October 2021.
Motion by Commissioner Mullen, Seconded by Commissioner Leek, to approve the Resolution for the
Fiscal Year 2021 Audited Financial Statements of the Enterprise Fund and Pension Fiduciary Funds.
Action: Motion Carried.
RESOLUTION 2021-09-03
Capital Project Exceedance:PG-40025 Advanced Distribution Management System
WHEREAS, Lansing Board of Water & Light's (BWL) Policy F1-13, previously known as Policy #15-02,
entitled Capital Project Exceedance Approval requires BWL Board of Commissioners approval for specific
capital projects that are expected to exceed their previously approved designed budget amount by both
15% and $200,000 prior to completion of the project; and
WHEREAS, the previously approved budget for Capital Project PG-40025 Advanced Distribution
Management System was $4,603,120; and
WHEREAS, the projected final total cost for Capital Project PG-40025 Advanced Distribution Management
System is $6,315,943, should the project be completed; and
WHEREAS, BWL staff and management reviewed the project cost in detail, which .includes but is not
limited to the rationale and circumstances for the increased budget projection; and
WHEREAS, BWL staff and management recommends that the Capital Project PG-40025 Advanced
Distribution Management System projected spending be approved; and
RESOLVED, the BWL Board of Commissioners approve projected spending for Capital Project PG-40025
Advanced Distribution Management System with a projected final total cost of$6,315,943.
Motion by Commissioner Mullen, Seconded by Commissioner Thomas,to approve the Resolution for
the Capital Project Exceed ance:PG-40025 Advanced Distribution Management System
Action: Motion Carried (Yeas 5: Commissioners Price, Leek, Mullen, Thomas, Zerkle) (Abstaining 1:
Commissioner James)
MANAGER'S REMARKS
General Manager Dick Peffley provided the following information:
1. Delta Energy Plant (DEP) will run and tune the gas turbines in the 2"d week of October and will also
start up the support equipment to fire up the steam generator to be brought online in the middle of
November. There was a $12 million (3%) impact by COVID-19 due to labor. DEP is currently available for
emergency use.
Commissioner Leek asked for a completion date on DEP and how it was affected by COVID-19. GM Peffley
responded that pre-COVID 19 DEP was to be brought online in September, but now it will be in November.
Commissioner Zerkle asked for confirmation that the DEP would be running in October. GM responded
that DEP is available for use and there is fine tuning that is being conducted, but it will be completely
operational in November.
Approved by the Board of Commissioners 09-28-21
'1W
Hometown People.Hometown Power.
MINUTES OF THE BOARD OF COMMISSIONERS
MEETING
LANSING BOARD OF WATER
July 27, 2021
The Board of Commissioners met at the Lansing Board of Water and Light
( dayHul y27a2021,RE0 Town
Depot located at 1201 S. Washington Ave., Lansing, MI, at 5:30 P.M.
on Chairperson David Price called the meeting to order at 5:30 P.M.
War
Chair Price we
lcomed new Commissioner Semone James representing the city
was note ngatt Sndan B and
new Non-Voting Commissioner Brian Ross representing DeWitt Township w
The Corporate Secretary, M. Denise Griffin, called the roll. Tony Mullen, Tracy Thomas, and
Present: Commissioners David Price, S one James,
SDoug Douglas Jester(East Lansing), Larry Merrill (Delta
Sandra Zerkle. Non-Voting CommissionersPresent:
Township),
issioner Beth Graham and Non-Voting Commissioner Brian Ross (DeWitt Township).
Absent. Comm
Corporate Secretary Griffin declared a quorum.
Commissioner Mullen led the Pledge of Allegiance.
SPECIAL COMMUNICATION
a. Letter of Resignation from BWL At Large Commissioner Ken Ross
Motion by Comm
issioner Mullen, Seconded by Commissioner Leek to accept, receive and place on File
the July 13, 2021 letter of resignation from Commissioner Ken Ross.
Action: Motion Carried
ELECTION OF OFFICERS FY 2021-2022
Nominating
Committee Chairperson Tony Mullen presented the June 15, 2021 Nominating Committee
oner
Report. Theproposed avid Price
ro osed slate of officers for Fiscal Year 2021-2022 is acCh rpersonl The D were no
serving as Chairperson; and Commissioner Sandra Zerkle serving as Vice
further nominations for the officers' positions.
Motion by Commissioner Mullen, Seconded by Commissioner Leek to approve the nominations of
Commissioner David Price to serve as the Chairperson and Commissioner Zerkle to serve as the Vice
Chairperson of the Board of Commissioners for Fiscal Year 2021-2022.
Action: Motion Carried.
Chair Price requested approval for the appointments of Commissioner Tony Mullen as the member of
the Executive Committee to fill the past Chairperson position as the past Chairperson, Sandra Zerkle, is
now filling the Vice Chairperson position of the Executive Committee, and Commissioner DeShon Leek as
the final member of the Executive Committee.
Motion by Commissioner Price, Seconded by Commissioner Thomas to approve the appointments of
Commissioner Tony Mullen and Commissioner DeShon Leek to serve as the third and fourth members
on the Board of Commissioners Executive Committee.
Action: Motion Carried.
SPECIAL PRESENTATION
On behalf of the Board of Commissioners, Chair Price presented Certificates of Appreciation to Delhi
Advisory Commissioner, Stuart Goodrich and City of Lansing 111 Ward Commissioner, David Lenz.
APPROVAL OF MINUTES
Motion by Commissioner Mullen, Seconded by Commissioner Zerkle, to approve the Regular Board
Meeting minutes of May 25, 2021 and the Special Board Meeting minutes of June 17, 2021.
Action: Motion Carried.
PUBLIC COMMENTS ON AGENDA ITEMS
There were no public comments on agenda items.
COMMUNICATIONS
Electronic mail received from Claude Beavers regarding the Customer Portal - Referred to Management.
Received and Placed on File
COMMITTEE REPORTS
Commissioner Tony Mullen presented the Nominating Committee Report:
NOMINATING COMMITTEE
Meeting Minutes
June 15, 2021
Due to public safety concerns resulting from the COVID-19 Pandemic,the Nominating Committee meeting
of the Lansing Board of Water and Light (BWL) was conducted via WebEx Conferencing in Lansing, MI, at
4:30 p.m. on Tuesday, June 15, 2021.
Event Address for Attendees:
https://Ibwlevents.webex.com/Ibwlevents/onstage/g.php?MTID=ed8c3f9dO79bale9532ceeeef22648917
Event Number for Attendees: 132 808 7891 Event Password: WbgjpxHm292
Audio Conference: United States Toll +1-408-418-9388 Access Code: 132 808 7891
Nominating Committee Chair, Tony Mullen, called the meeting to order at 4:43 p.m. and asked the
Corporate Secretary to call the roll.
The following Commissioners were present via audio/video:
Tony Mullen remotely, Lansing, MI (Member) Beth Graham remotely, Lansing, MI (Member)
Deshon Leek remotely, Lansing, MI (Member) David Lenz remotely, Lansing, MI (Member)
Stuart Goodrich remotely, Delhi Township, MI Ken Ross remotely, Lansing, MI
Absent: None
Public Comments
There were no public comments.
Approval of Minutes
Motion by Commissioner Leek, Seconded by Commissioner Graham to approve the Nominating
Committee meeting minutes of June 23, 2020.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Beth Graham, Deshon Leek, and David Lenz
Nays: None
Action: Motion Carried
Officer & Committee Survey and Committee Selection Results Memoranda
Nominating Committee Chair Mullen stated that the Officer Committee Survey and Committee Selection
Results Memoranda and Committee Survey Results and Comments Forms were included in the
Nominating Committee meeting packet for review and asked if there was any discussion regarding the
documents. There was no discussion.
Nomination of Board Officer Candidates for Fiscal Year 2021-2022
Chairperson and Vice Chairperson
Nominating Committee Chair Mullen opened the floor for nominations for the Chairperson for the 2021-
2022 fiscal year and for the Vice Chairperson for the 2021-2022 fiscal year.
Motion by Chair Mullen, Seconded by Commissioner Graham to nominate Commissioner David Price to
serve as the Chairperson for the 2021-2022 fiscal year.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Beth Graham, Deshon Leek, and David Lenz
Nays: None
Action: Motion Carried
General Manager the
y requested a closed session foret n ps Acptoexempt onvMCL 15.268(aing his
)tua
General Manager Richard Peffle
year-end performance evaluation as permitted by the Open Me g
Motion by Commissioner Thomas,Seconded by Commissioner Leek, o enter cha d Peffle closed session to discuss
the contractual year-end performance evaluation of General Manager,
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek, and Tracy Thomas.
Nays: None.
Action: Motion Carried.
Commissioner Zerkle was having technological issues and was unable to respond.
The Human Resources Committee went into closed session at 5:57 p.m.
Motion by Commissioner Thomas, Seconded by Commissioner Leek, to reconvene into open session.
Commissioner Thomas thanked GM Peffley for his leadership and for handling the challenges in the past
year.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek, and Tracy Thomas.
Nays: None.
Action: Motion Carried.
The Human Resources Committee reconvened to open session at 6:24 p.m.
Upon conclusion of the Closed Session, the following motion was offered:
' b Commissioner Thomas,Seconded by Commissioner Leek,to forward a resolution reappointing
motion Y
Peffley to the Charter position of General Manager for FY22 to the full Board or
Richard (Dick)
consideration.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek, and Tracy Thomas.
Nays: None.
Action: Motion Carried.
Internal Auditor purpose of receiving his contractual
Wesley Internal Auditor, Lewis, requested a closed session for the
dperformance evaluation as permitted by the Open Meetings Act exemption MCL 15.268(a).
year-en
n b Commissioner Thomas,Seconded by Commissioner Leek,toWesle nter into closed session to discuss
Mottoy
the contractual year-end performance evaluation of Internal Auditor,
s.
Roll Call Vote:
y Mullen, Deshon Leek, and Tracy Thomas.
Yeas: Commissioners Ton
Nays: None.
Action: Motion Carried.
HUMAN RESOURCES COMMITTEE
Meeting Minutes
July 13, 2021
The Human Resources Committee of the Lansing Board of Water and Light (BWL) met at BWL
Headquarters REO Town Depot located at 1201 S. Washington Ave., Lansing, MI at 5:15 p.m. on Tuesday,
July 13, 2021.
Human Resources (HR) Committee Chairperson Tony Mullen called the meeting to order at 5:15 p.m. and
asked the Corporate Secretary to call the roll.
Present: Commissioners Tony Mullen, DeShon Leek, Tracy Thomas, and Sandra Zerkle. Also present:
Commissioners Beth Graham, David Lenz, and David Price; and Non-Voting Commissioners Douglas Jester
(East Lansing), and Larry Merrill (Delta Township)
Absent: None
The Corporate Secretary declared a quorum.
Public Comments
There were no public comments.
Approval of Minutes
Motion by Commissioner Zerkle, Seconded by Commissioner Leek, to approve the Human Resources
Committee meeting minutes of June 15, 2021.
Action: Motion Carried.
Collective Bargaining Agreement—BWL and IBEW
General Manager (GM) Dick Peffley spoke about the Collective Bargaining Agreement between BWL and
IBEW and presented a resolution to be forwarded to the Board for consideration. GM Peffley presented
two points regarding the contract.
• The tentative agreement was made four months ahead of the deadline and contains a four-year
contract with a 3.5% increase in the first year and three 3% increases in the remaining years. The
contract is from November 2021 through November 2024. The goal was for an economic package
to be settled in advance in order that there would be less distraction and stress for the work force
while coming out of the pandemic. There are projects and opportunities where flexibility in the
work force will be needed and the tentative agreement will smooth the process with the option of
continuing negotiations as needed.
Commissioner Zerkle commended GM Peffley, the IBEW and the staff for putting the contract together
quickly and within financial guidelines. GM Peffley responded that he was pleased with the contract
result, as he had requested that Ron Byrnes, IBEW (Local 352) Business Manager and Michael Flowers,
Executive Director of Labor Relations, put together a contract and bring it to him for discussion. The
contract he received from the above mentioned, differentiated only 0.5% in what he had looked-for, and
that was very pleasing.
Commissioner Leek also congratulated GM Peffley and IBEW Local 352 on the contract negotiations
process.
the
Human Resources Executive Director, Lynnette Keller, presented two topics regarding
ear ingty e A 152 Healrements h
affoCare Premium Sharing, options for employer caps on healthcare costs a
nd the act. Ms. Keller reported that the BWL no longer needs to opt our th Michigan's employer/employee
however a resolution needs to be adopted or approved annually fo
health care cost option as set forth in PA 152. Ms. Keller reported thats cannot i 9the Aof CT affordability provisions
elons
for January 1, 2022 stipulates health insurance he affordability
calculations. Ms. Keller respectfully requested
entities must add Opt Out/Waiver pay
that the Committee forward the annually required resolution to the full Board for consideration.
Motion by Commissioner Mullen, Seconded by Commissioner Graham, to forward the PA 152 Health
Care Premium Sharing Resolution to the full board for consideration
Action: Motion Carried
Other
Motion by Commissioner Graham, Seconded by Commissioner Mullen,to excuse Commissioners Semone
James and David Price from tonight's meeting.
Action: Motion Carried
Adjourn
Chair Zerkle adjourned the meeting at 6:24 p.m.
Respectfully Submitted
Sandra Zerkle, Chair
Committee of the Whole
Commissioner Tony Mullen presented the Finance Committee Report:
FINANCE COMMITTEE
Meeting Minutes
September 14, 2021
The Finance Committee of the Board of Water and Light (BWL) met atSeptember
teh t BWL Headquarters—REO Town
T p
Depot, located at 1201 S. Washington Ave., Lansing, MI on Tuesday,
2021.
Fina
nce Committee Chair Tony Mullen called the meeting to order at 6:31 p.m. and asked the Corporate
Secretary to call the roll.
t: Commissioners Tony Mullen, Beth Graham, and Sandra Zowlnshi )sandrBrian R ss (DeW g
Presen Larr Merrill (Delta T p
Commissioners Douglas Jester (East Lansing), Y
Township).
Absent: Commissioner Semone James
The Corporate Secretary declared a quorum.
Information Officer, Rod Davenport, presented the IT and Security Update. Mr. Davenport
Chief he Department (ITD)—
presented information on the focus areas in erseculr ty information
on proovgded from infrastructure
infrastructure, business value, IT projects and cyb
network optimization and hardware lifecycle management; infor�elivering business value IT's
included p
included the role of the Business Relationship Manager ts cluded(BY 20 projects clom,pleted and projects on deck;
cted
business value; information from IT probe
' n from c bersecurity included cyber resources additions and the focusefo rFY22ewoul audit
be onuasset
information Y
by BDO Audit &Assurance. Mr. Davenpor
alignment, ephan ed orted resoDurcetplanning and projections, and achieving
lifecycle management, business tanning cycle.
the target of a 3.5 Cyber Maturityscore by the end of the current strategic p the
ssioner Mullen asked if the IT audit presented was the same audit in the document
Commi
Commissioners were sent. Mr. Davenport affirmed.
North American Electric Reliabilit Cor oration NERC Complianceresented he NERC Compliance update. Ms.
Ms. Caitlin Chavez, BWL's NERC Compliance Supervisor, p encass 14 categories, with one new
Chavez stated that there is a total of 83 NERC standardsthat
and will be enforceable. Ms. Chavez gave
standard and nine revised standards that have been approvedRegulatory
a history of how mandatory compliance requirements developedEnergy Reliability Organization (ERO), NERC,
Commission (FERC),who approves policies and standards;the ReliabilityFirst, who oversees BWL s
who drafts policies and standards; and the Regional Entity,
complianc
e with policies and standards. BWL also works with id lann� t Independent System
Operators (MISO) for compliance obligations in real time and for futureping.
GM
Peffley com
mented that there are several variables that can cause avariance
ri which re brought
him
do.
him and commended the compliance department on the quality an efficiency
(PowerPoint available online in meeting packet)
Ener Waste Reduction EWR & Renewable Ener U date
Environmental Ser
vices and Reliability Compliance Manager, Lori Myott, provided the
t�everalep programs
Update on BWL's Energy Waste Reduction (EWR) Program.exceeded
Myott reported goal. Ms. Myott
were halted during the COVID-19 pandemic but BWL still exceeded its 2020 savings g upgrades. Ms.
le energy portfolio mandate, its own 3070
presented residential program highlights and gave an overview of business programs an upg
Myott also reported that BWL met the states 12.5 ° renewable
0 oat and is complying, with all aspects of PA342. (Pow
erPoint available online in
clean energy by 202 g
meeting packet)
mmented on the energy efficiency program and stated thaWwe o for rep acing AC'ds
Commissioner Jester co with a heat pump a
offer similar incentives for replacing an air conditioner (AC)
' . GM Peffley responded that the credit is for customers to whom BWL has reached
with more effluent AC s
out, who have new heat pumps installed which use less natural gas.
wired about the program(s) delays and their reinstate we tsmn r
ade with ustomOe\
COW Chair Zerkle inq s
Chair Zerkle's inquiry, Ms. Myott stated that limited contact appointments
and that most of the programs were only delayed about four months.
PUBLIC ACT PA 152 Health Care Premium Sharing Resolution
Electronic mail received from Ashlee Barker regarding tree trimming in the Moores Park Neighborhood -
Referred to Management. Received and Placed on File
Electronic mail received from Pauline Thomas regarding a water bill discrepancy- Referred to
Management. Received and Placed on File
Late Item Electronic mail received from Danielle Crane, Bryan Taylor and Tina Olson regarding tree
trimming and the Moores Park Neighborhood Association - Referred to Management. Received and
Placed on File
Late Item Electronic mail received from Bryan Taylor and Tina Olson regarding balancing community
needs and protecting power lines - Referred to Management. Received and Placed on File
COMMITTEE REPORTS
Commissioner Sandra Zerkle presented the Committee of the Whole Report:
COMMITTEE OF THE WHOLE
Meeting Minutes
September 14, 2021
The Committee of the Whole of the Lansing Board of Water and Light(BWL) met at the BWL Headquarters-
REO Town Depot located at 1201 S. Washington Ave., Lansing, MI, on Tuesday, September 14, 2021.
Committee of the Whole Chair Sandra Zerkle called the meeting to order at 5:30 p.m. and asked the
Corporate Secretary to call the roll.
Present: Commissioners Sandra Zerkle, Beth Graham, DeShon Leek, Tony Mullen, and Tracy Thomas, and
Non-Voting Members: Douglas Jester(East Lansing), Larry Merrill (Delta Township) and Brian Ross (DeWitt
Township)
Absent: Commissioners Semone James and David Price
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes
Motion by Commissioner Graham, Seconded by Commissioner Mullen, to approve the Committee of the
Whole meeting minutes of May 11, 2021.
Action: Motion Carried.
IT and Security Update
FY 22 Audit Plan
Proposed FY 2022 Audit Plan Details
Proposed FY 2022 Audit Plan—Highlights Planned Audits: Estimated Hours
Payroll-Time Recording,Payroll 600
Top Six Engagements for FY 2022(as discussed and agreed with Senior P—rising,and Payment of overtime
Management): Human Resources-Employee Master File 100
1. Time Recording,Payroll Processing and Payment of Overtime- infarmeaonTechnotogv-Manapemamof 500
Payroll(First Time AudPil Mobile Devices
2. Employee Master File(To Be Included in#1 Above)-Human outage Management system-outage Sao
Resources,Last Audit:October 2017 Management system
3. Manage Mobile Devices -Information Technology,Last Audit: October Enterprise information Mananement— 500
2017 Operation.
4. Outage Management System(Current Process)-Operations(First Capital Protect.Management-SWL Other 600
Time Audit) Other.Engagements and Projects:
5. Enterprise Information Management(Records Retention Management) Peer Review Preparation and Engagement,as 500
-Legal/Management/Board Processes,Last Audit: March 2014 Required by the institute of Internal Auditors
6. Capital Projects Management-BWL Other(First Thne Audit) Ongoing Management Assistance too
Nero'The audit enpapemenn listed above,along with anticipated sun and cgmpletlona,are Special Projects and Requests 200
and will be subject to change.
Total Required Hours 3,600
i� Finance Committee sleeting b Finance Committee Meeting 6
7ommitt 1
Finance Committee Chair Lenz asked whether the audits would be just planned audits and/or annual
audits. Mr. Lewis responded that five or six planned audits per year would be conducted. Mr. Lewis
added that an external peer review audit is due this year and time needs to be allotted for it. Finance
Chair Lenz asked if outside consultants were needed for any of the audits. Mr. Lewis responded that the
external peer review is the only audit that will have outside consultants unless there is a special request.
Chair Lenz expressed the importance of planning and preparing for additional cost in I/A budget.
Commissioner Zerkle asked how often and what length of time is scheduled for audits to be conducted
and whether the audits being planned were due to concerns from the respective departments. Mr. Lewis
responded that some of the audits planned were for revolving processes, determining progress in
processes, and for assessing risks that might come up.
Motion by Commissioner Price Seconded by Commissioner Graham, to forward the FY22 Audit Plan
Resolution to the full board for approval.
Action: Motion Carried.
Internal Audit Department Charter
Internal Auditor Wesley Lewis presented the Internal Audit Department Charter.
Motion by Commissioner Price, Seconded by Commissioner Graham, to forward the Internal Audit
Department Charter Resolution to the full board for approval.
Discussion:
Commissioner Merrill suggested that as the audit charter is the document that represents the Board
speaking to the audit department of its expectations, the audit charter should be reviewed and revised to
reflect the Board's advisement and directives. Chair Lenz commented that the audit charter was revised
in 2019 and the current version is being forwarded to the full board for approval. Commissioner Price
commented that there was concern with the prior audit document presented and the Board was in
agreement with keeping the current audit charter without the changes. Commissioner Zerkle commented
in agreement that there were concerns with the changes. Commissioner Merrill added that if the current
document remains effective until it is modified or repealed and then brought forward to the Board as a
redraft,the Board should speak with one voice to make a binding charter in order to enforce compliance.
h Internal ly Chair Lenz responded that the current audit charter will ultimateAespons responsible fouditor to r
Commissioners to review. Mr. Lewis responded in agreement that the Board is
the audit charter and that there should be periodic reviews as needed.
Charter approval p oivaioner Price l could be postponred
ed
about the deadline for approval and questioned if the Internal Au p
until the next Finance Committee meeting after the Commissionthat the Audit Chartrs reviewed and ferred revisions to the
approvaltyould be
current Audit Charter. In conclusion,the Commissioners agreed suggestions to the
postponed allowing all Commissioners' time to review and submit any changes or
document.
Commissioner Price Rescinded his motion to forward the Internal Audit Department Charter Resolution.
Finance Committee Chair Lenz directed Internal Auditor ewis to osend all Commissioners' the current
Audit Charter document to allow them to review and submit
Bi Annual Internal Audit Open Management Responses Updatethe
CFO Shawa introduced Elisha Franco, Finance and Planning Senior sactions
Internal Audit Open Management Responses Update. Ms. Franco informed the Board of the open
for revising and updating the P-Card Manual and Program and the e andatory ifor MPPA/MI O bildlings
Additional open actions included implementing formal and w proceduresthe
and implementing a formal user access security review process for written
of Performicies and rance ocedures Energyfor
R Risk
OATI System with ECD 7/31/2021. Closed actions included develop
Management (ERM) Status Report with an ECD and actual completion
with an ECD 12/31/2020 andma
standardization and centralization of storage of purchasing documentation
actual completion date of 1/31/2021.
Open Actions{cantinuedi
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rmat of proviing the open
tions
Commissioner Zerkle asked Ms. Franco whether the previous o es° onded that the informationcco Id
information in a chart or spreadsheet was still in use. Ms. Fran p
still be provided in the format in which it was previously done. Co o asownh m toer r review asked
if intern
Lewis
Auditor Lewis was provided with a compilation of the information
responded that staff provides him with the information to review e deCvFOd th wa added that open actions
are not closed and reported to the Board until internal audit has
Chair Lenz asked whether training for new procedures was conducted by the Finance Department and Ms.
Franco responded that each department provides their own training. CFO Shawa added that training
support is provided by Human Resources when needed, during managers' meetings and through the
automated Learning Management System (LMS).
Other
Motion by Commissioner Price, Seconded by Commissioner Graham, to approve the absence of
Commissioner Ken Ross.
Adiourn
Chair David Lenz adjourned the meeting at 6:46 p.m.
Respectfully submitted,
David Lenz
Chair Finance Committee
MANAGER'S RECOMMENDATIONS
General Manager Richard Peffley gave an update on the Delta Energy Plant and stated that even during
the pandemic, building has continued to go forward and has provided enough energy for market
capacity. The next step is for 24/7 commercial operations and there are two challenges, a delay in
obtaining the visas for the start-up engineers and a small amount of labor slowdown.
Chair Price asked if GM Peffley knew when the visas for the engineers would be available. GM Peffley
responded that he didn't know and that it was a day by day issue.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
RESOLUTIONS
RESOLUTION 2021-07-01
Appointment of the Charter Position of Corporate Secretary
The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director and
General Manager, Internal Auditor, and Corporate Secretary, at its first regular meeting following July
1st of each year or as soon as practicable thereafter.
RESOLVED, That the Board of Commissioners hereby appoints the following individual to the Charter
position of Corporate Secretary fiscal year 2021-2022 or until a successor is appointed, whichever last
occurs:
M. Denise Griffin, Corporate Secretary
ute any
FUR
THER RESOLVED,That the Chair of the Board of Commissioners is authrorizee d to by the Human d all
contractual amendment documents which reflect merit adjustments reco
Resources Committee for FY 2021's performance.
on b Commissioner Thomas, Seconded by Commissioner Mullen, to approve the reappointment of
Moti Y
the Corporate Secretary for the Fiscal Year 2021-2022.
Roll Call Vote:
James, Deshon Leek, Tony Mullen, Tracy Thomas, and Sandra
Yeas: Commissioners David Price, Semone
Zerkle.
Nays: None.
Action: Motion Carried.
RESOLUTION 2021-07-02
Appointment of the Charter Position of Director and General Mana er
The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director and
Gene
ral Manager, Internal Auditor, and Corporate Secretary, at its first regular meeting following July
1st of each year or as soon as practicable thereafter.
oints the following individual to the Charter
RESOLVED,That the Board of Commissioners hereby app appointed,
position of Director and General Manager for fiscal year 2021-2022 or until a successor is
whichever last occurs:
Richard R. Peffley, Director and General Manager
ute any
FURTHER RESOLVED,That the Chair of the Board of Commissioners is authorized t by the Human
d all
contractual amendment documents
ehformance.ich reflect merit adjustments recommended
Resources Committee for FY 202 p
Motion by Com
missioner Mullen, Seconded by Commissioner Thomas, to approve the reappointment of
the Director and General Manager for the Fiscal Year 2021-2022.
Roll Call Vote:
one James, Deshon Leek,Tony Mullen, Tracy Thomas, and Sandra
Yeas: Com
missioners David Price, Sem
Zerkle.
Nays: None.
Action: Motion Carried.
RESOLUTION 2021-07-03
Appointment of the Charter Position of Internal Auditor
The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director and
General Manager, Internal Auditor, and Corporate Secretary, at its first regular meeting following July
1st of each year or as soon as practicable thereafter.
RESOLVED, That the Board of Commissioners hereby appoints the following individual to the Charter
position of Internal Auditor for fiscal year 2021-2022 or until a successor is appointed, whichever last
occurs.
Wesley Lewis, Internal Auditor
FURTHER RESOLVED,That the Chair of the Board of Commissioners is authorized to execute any and all
contractual amendment documents which reflect merit adjustments recommended by the Human
Resources Committee for FY 2021's performance.
Motion by Commissioner Thomas,Seconded by Commissioner Leek,to approve the reappointment of the
Internal Auditor for the Fiscal Year 2021-2022.
Chair Price stated that he would not approve the reappointment of the Internal Auditor. Although he
appreciated the enthusiasm Mr. Lewis brought to the position, Chair Price stated he didn't think the
appointment was a good fit for the Board of Water and Light.
Roll Call Vote:
Yeas: None.
Nays: Commissioners David Price, Semone James, Deshon Leek, Tony Mullen, Tracy Thomas, and Sandra
Zerkle.
Action: Motion Failed for Reappointment.
RESOLUTION 2021-07-04
Collective Bargaining Agreement between the Lansing Board of Water & Light
and the International Brotherhood of Electrical Workers AGL-CIO Local 352
WHEREAS, on June 1, 2021 the Board of Water & Light and IBEW Local 352 entered into a Tentative
Agreement to extend the Collective Bargaining Agreement for four years effective November 1, 2021
through October 31, 2025; and
WHEREAS, the terms and conditions of the Tentative Agreement are in accordance with the direction
and authority that was delegated by the General Manger; and
WHEREAS, the Tentative Agreement was submitted by the IBEW Local 352 negotiating team to the IBEW
membership for its approval and was ratified on June 22, 2021.
RESOLVED, that the Board of Commissioners approve the "BWL/IBEW Tentative Agreement" dated and
signed June 1, 2021.
The Official Finalized Contract Agreement is on file in the Office of the Corporate Secretary and the Board of Water and
Light's Human Resources Intranet Site.
Motion by Commissioner Zerkle,Seconded by Commissioner Leek to approve the resolution for Collective
ainin A reement between the Lansing Board of Water & Light and the International Brotherhood of
Barg g g
Electrical Workers, AFL-CIO, Local 352.
Com
missioner Mullen and Commissioner Zerkle commended management, union leaders and staff for
arriving at an agreement quickly and amenably.
Roll Call Vote:
e James, Deshon Leek,Tony Mullen, Tracy Thomas, and Sandra
Yeas: Commissioners David Price, Semon
Zerkle.
Nays: None.
Action: Motion Carried.
Proposed Resolution
Fiscal Year 2022 Audit Plan Approval
LVED That the Board of Commissioners hereby approves the Fiscal Year 2022 Audit Plan submitted by
RESO ,
Internal Audit.
Motion by Commissio
ner Price, Seconded by Commissioner Zerkle,to postpone the approval of the Internal Audit Plan for FY 2022 until Commissioners could fully review the plan.
Action: Motion Carried.
MANAGER'S REMARKS
There were no Manager's remarks.
COMMISSIONERS' REMARKS
he
Comm
issioner Zerkle commented that Commissioner David Lenz did am excellent
cel�amm b chairinioner g t Finance
eridian
Committee and thanked Commissioner Stuart Goodrich for serving
as Township.
Commiss
ioner Thomas thanked Commissioner Lenz and Commissioner under Vi Goodrich for
Zerklelron service,
welcomed Commissioner James, and congratulated Chair rice a
appointments as Chair and Vice Chair.
as not
Commission
er Merrill expressed his regret that the Internal Auditor's c of Ware renewed and
and Light.
thanked Wesley Lewis for his service to the community and Lansing Boar
EXCUSED ABSENCE
Motion by Commissioner Thomas, Seconded by Commissioner Mullen, to excuse Commissioner Beth
Graham and Commissioner Brian Ross from tonight's meeting.
Action: Motion Carried.
PUBLIC COMMENTS
Mr. Claude Beavers spoke regarding difficulties with the new customer portal and thanked Customer
Service employee John for his help. Mr. Beavers also inquired whether accommodations could be made
during the Board Meetings for those that have difficulty hearing.
ADJOURNMENT
Chair Price adjourned the meeting at 6:05 p.m.
M.Denise Griffin,Corporate Secretary
Preliminary Minutes filed(electronically)with Lansing City Clerk 07-29-21
Approved by the Board of Commissioners: 09-28-21
Official Minutes filed(electronically)with Lansing City Clerk: 10-01-21
Approved by the Board of commissioners July 27,2021
Hometown people.Hamrtm++n power.
LANSING BOARD OF WATER AND LIGHT BOARD OF COMMISSIONERS
SPECIAL BOARD MEETING MINUTES
June 17, 2021
The Board of Commissioners of the Lansing Board of Water n d Light
(BWL) met on Web
x (JBuWL
Headquarters-REO Town Depot located at 1201 S. Washing
17, 2021. The meeting was Publicly Noticed for 5:30 p.m.
Event Address for Attendees for Special Board Meeting:
https://Ibwl eve nts.webex.com/lbwlevents/onstage/g.p p•7 MTID--
Event Number for Attendees for Special Board Meeting: 132 302 5002
Event Password for Special Board Meeting: bmDwSs2F3b5
Audio Conference for Special Board Meeting: United States Toll +1-408-418-9388
Access Code: 132 302 5002
###############################
Chairperson David Price called the meeting to order at 5:30 p.m.
Corporate Secretary Griffin called the roll.
TheouglEasJester
following Commissioners were present via audio/video: Stuart Goodrich remotely, Holt, MI Price remotely, Lansing, MI remotely, East Lansing, MI (arrived@5:33 p.m.) DeShon Leek remotely, Lansing, MI
Tony Mullin remotely, Lansing, MI
otely, Lansing Township, MI Ken Ross remotely, Lansing, MI
Merrill remotely, Delta Township, MI Sandra Zerkle remotely, Lansing, MI
Tracy Thomas remotely, Lansing, MI
Absent: Commissioner Beth Graham
The Corporate Secretary declared a quorum.
Commissioner Price led the Pledge of Allegiance.
PUBLIC COMMENT
There were no public comments.
MEETING PURPOSE:
Consider a Resolution Ado tin a Final Proiect Plan for Water S stem Im rovements
atin an Authorized Projec
and Desi n t Representative
by
eneral
Chair Price stated that he called for this Special Board m PlaingorWate as r System requested
improvements Peffley to consider a Resolution Adopting a Final Prod
Special Board Mtg.
June 17,2021
Page 2 of 4
Designating an Authorized Project Representative. Chair Price gave the floor to General Manager
(GM) Dick Peffley to present the resolution.
General Manager Peffley stated that the resolution before the Board is for a grant from the State of
Michigan, EGLE Department that will offset costs of three of BWUs water projects that have already
been budgeted. The BWL cannot apply for the grant without the approval of the Board of
Commissioners, in other words, approval of this resolution will allow the Administration to apply for
the grant. Once approved the BWL will then review the components in the grant to determine
whether it is propitious for the company. If accepted and the BWL moves forward with pursuing the
grant, Commissioners will be updated and provided with details at a September Committee or Board
meeting.
RESOLUTION 2021-06-01
A Resolution Adopting a Final Project Plan for Water System improvements and
Designating an Authorized Project Representative
WHEREAS, the Lansing Board of Water and Light (BWL) is seeking low interest funding to assist in its
efforts to improve existing water treatment and distribution systems through the State of Michigan,
Department of Environmental Quality's (EGLE) Drinking Water State Revolving Fund (DWSRF); and
WHEREAS, as a requirement of the DWSRF Loan Program, municipalities applying for DWSRF loans
are required to submit to EGLE an adopted Project Plan (Project Plan) describing the proposed
improvement to existing water treatment and distribution systems program projects; and
WHEREAS, the purpose of the Project Plan is for the replacement of aging water main, valves,
associated fire hydrants and appurtenance located within the City of Lansing's Combined Sewer
Separation Areas of 034D, 034E and 015S to improve water quality and reliability and to improve flow
efficiency and public health protection; and
WHEREAS, the Project Plan for water main replacement will be in partnership with the City of
Lansing's Combined Sewer Overflow project; and
WHEREAS, the Lansing board of Water and Light authorized Fishbeck to prepare a Project Plan, which
recommends the construction of the following three (3) project areas
• CSO Subarea 034D Sewer Separation Project; and
• CSO Subarea 034E Sewer Separation Project; and
• CSO Subarea 015S Sewer Separation Project; and
WHEREAS, the estimated total project cost of the three (3) project areas is $ 19.2 Million; and
WHEREAS, a Public Hearing to receive public comment on the
Project Plan was held on
June 7, 2021 and no public comments were received for cons deratio
NOW THEREFORE BE IT RESOLVED that the Lansing Board of Water
and scut ht formally
water mad
pts the replacement n
ect
Plan and agrees to implement the selected alternative - Alternative1 open
conjunction with City of Lansing Combined Sewer Overflow project.
Special Board Mtg.
June 17,2021
Page 3 of 4
BE IT FURTHER RESOLVED, that the Water Distribution Principal Engineer, a position currently held by
Michael Lehtonen, P.E., is designated as the authorized representative for all activities associated
with the project referenced above, including the submittal of said Project Plan as the first step in
applying to the State of Michigan for a Drinking Water State Revolving Fund Loan to assist in the
implementation of the selected alternative.
Motion by Commissioner Mullen, Seconded by Commissioner Leek to approve the Resolution for
Adopting a Final Project Plan for Water System Improvements and Designating an Authorized Project
Representative.
Yeas (names of Members voting Yes): Commissioners David Price, DeShon Leek, David Lenz,Tony
Mullen, Ken Ross, Tracy Thomas, and Sandra Zerkle.
Nays (names of Members voting No): None
I certify that the above Resolution was adopted by Board of Water and Light Board of Commissioners
(the governing body of the applicant) on June 17, 2021.
BY: M. Denise Griffin Corporate Secretary
Name (please print or type) Title
V Dewede q June 17 2021
Signature Date
Commissioner Zerkle asked for confirmation that this resolution was for approval to apply for a grant
for projects, that information would be provided to the Board after BWL staff reviewed the grant, and
the Board of Commissioners would sign for the grant after the grant was received. GM Peffley
confirmed.
MANAGER'S REMARKS/COMMENTS
GM Peffley had no remarks.
COMMISSIONERS' REMARKS/COMMENTS
Commissioner Merrill asked for additional information regarding the monthly BWL Executive Report
received by email where the reporting stated that there was a violation notice regarding an
exceedance of the mercury limit. Commissioner Merrill asked for the significance of this information.
GM Peffley responded that all violations are taken seriously, and the Erickson station had a
malfunction in the mercury control equipment. General Manager Peffley added that repairing the
malfunction involved running the plant to fine tune it and while running the plant for repairs,
violations occurred.
Special Board Mtg.
June 17,2021
Page 4 of 4
Commissioner Leek wished everyone a Happy Father's Day.
Commissioner Goodrich stated that he appreciated being allowed to participate on the Board this
past year.
Corporate Secretary Griffin wished GM Peffley a Happy Birthday.
PUBLIC COMMENT
There were no public comments.
MOTION OF EXCUSED ABSENCE
Motion by Commissioner Mullen, Seconded by Commissioner Leek to excuse Commissioner Graham
from tonight's meeting.
Roll Call Vote:
Yeas: Commissioners David Price, DeShon Leek, David Lenz, Tony Mullen, Ken Ross, Tracy Thomas,
and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
ADJOURNMENT
Chair Price adjourned the meeting at 5:47 p.m.
Filed with Lansing City Clerk:
06-24-21 Unofficial Minutes
07-29-2021 Official Minutes
Approved by the Board of Commissioners 07-27-21
Hometown People.Hometown Power:
MINUTES OF THE BOARD OF COMMISSIONERS MEETING
LANSING BOARD OF WATER AND LIGHT
May 25, 2021
Due to public safety concerns resulting from the COVID-19 Pandemic,the Regular Board of Commissioners
meeting for the Lansing Board of Water and Light (BWL) was conducted via WebEx Conferencing in
Lansing, MI on Tuesday, May 25, 2021. This meeting was publicly noticed for 5:30 p.m.
Event Address for Attendees:
https://Ibwlevents.webex.com/Ibwlevents/onstage/g.php?MTID=ec28985d8llf3Ob5bO49a27eaO8Oe4a42
Event Number for Attendees: 132 644 2247 Event Password: R7ggmtu5VM8
Audio Conference: United States Toll +1-408-418-9388 Access Code: 132 644 2247
Chairperson David Price called the meeting to order at 5:30 p.m.
The Corporate Secretary, M. Denise Griffin, called the roll.
The following Commissioners were present via audio/video:
Chairperson David Price remotely, Lansing, MI Beth Graham remotely, Lansing, MI
Douglas Jester remotely, East Lansing, MI Deshon Leek remotely, Lansing, MI
David Lenz remotely, Lansing, MI (arrived @5:39 p.m.) Larry Merrill remotely, Delta Township, MI
Tony Mullen remotely, Lansing, MI Ken Ross remotely, Lansing, MI
Tracy Thomas remotely, Lansing, MI Sandra Zerkle remotely, Lansing, MI
Absent: Non-Voting Commissioner Stuart Goodrich (Delhi Township)
Corporate Secretary Griffin declared a quorum.
Chair Price led the Pledge of Allegiance.
Chair Price recognized and congratulated General Manager Dick Peffley and spoke about his 45 years of
service. Executive Assistant, Ms. Smiljana Williams, presented GM Peffley with a Certificate of Service and
gift card.
APPROVAL OF MINUTES
Motion by Commissioner Thomas, Seconded by Commissioner Mullen, to approve the Regular Board
Meeting minutes of March 23, 2021.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek,Tony Mullen, Ken Ross,Tracy Thomas, and
Sandra Zerkle.
Nays: None.
Action: Motion Carried.
PUBLIC COMMENTS
There were no public comments.
COMMUNICATIONS
Electronic mail received from Lindsey Hampton regarding the LIEAF program -Referred to Management.
Received and Placed on File
COMMITTEE REPORTS
Commissioner Tracy Thomas presented the Committee of the Whole Report:
COMMITTEE OF THE WHOLE
Meeting Minutes
May 11, 2021
Due to public safety concerns resulting from the COVID-19 Pandemic,the Committee of the Whole (COW)
meeting for the Lansing Board of Water and Light (BWL) was conducted via WebEx Conferencing in
Lansing, MI, on Tuesday, May 11, 2021.
Event Address for Attendees:
https://Ibwlevents.webex.com/Ibwlevents/onstage/g.php?MTID=ebc65b57b27Of4406eb04c5dfd3387498
Event Number for Attendees: 132 169 7679 Event password: NgSimdxR332
Audio conference: United States Toll +1-408-418-9388 Access code: 132 169 7679
Committee of the Whole Chair Tracy Thomas called the meeting to order at 5:36 p.m. and asked the
Corporate Secretary to call the roll.
The following Commissioners were present via audio/video:
(COW Chairperson)Tracy Thomas remotely, Lansing, MI
Stuart Goodrich remotely, Delhi Township, MI Beth Graham remotely, Lansing, MI
Douglas Jester remotely, East Lansing, MI DeShon Leek remotely, Lansing, MI
David Lens remotely, Lansing, MI Larry Merrill remotely, Delta Township, MI
Tony Mullen remotely, Lansing, MI David Price remotely, Lansing, MI
Ken Ross remotely, Lansing, MI Sandra Zerkle remotely, Lansing, MI
Absent: None
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes
Motion by Commissioner Zerkle, Seconded by Commissioner Graham, to approve the Committee of the
Whole meeting minutes of March 9, 2021.
Commissioner Ross requested a correction be made to the March 9, 2021 minutes to reflect the
following amendment to the motion for the proposed Resolution for the 2021 Corporate Sustainability
& Climate Response: "Commissioner Price asked for a second on the motion for the Amendments and
there was none."
A roll call vote was taken to approve the Committee of the Whole meeting minutes of March 9, 2021 with
the amendment.
Yeas: Commissioners Thomas, Graham, Leek, Lenz, Mullen, Price, Ross, Zerkle
Nays: None
Action: Motion Carried.
Rules and Regulations Electric,Water, Steam, Chilled Water Services Summary and Resolution
General Manager Dick Peffley introduced General Counsel Mark Matus who presented a summary of the
updates to the Electric, Water, Steam, and Chilled Water Services Rules and Regulations. Mr. Matus
highlighted areas of the substantive changes, non-substantive changes, plus the fees and charges.
Under general provisions, a recorded easement will be required for all four of the utility services where a
property needs to be crossed for the connection of service. Customer Service updated their terms for bill
payment from 15 days to 21 days. Clarifications were made for when there is a sharing of a residency
with a customer receiving service from BWL in that there is a responsibility for any charges incurred.
Commissioner Ross asked whether a tenant that moves out of an apartment where the primary tenant is
a delinquent customer would be able to establish service at another residence. Mr. Matus responded that
the tenant that moves would be able to establish service and that he would review the language in the
rules and regulations.
Commissioner Zerkle asked whether it is made clear to tenants requesting service that not only is the
tenant in whose name the service is placed there is a responsibility for charges but also all other tenants.
Mr. Matus responded that the BWL rules and regulations are not law but how BWL operates and the rules
apply when the tenant would like to become a customer at the residence. He added that it was placed in
writing in the rules and regulations for clarification.
Commissioner Mullen asked whether each utility being separate was in the rules and regulations. Mr.
Matus responded that it was in the rules and regulations indirectly and that the rules and regulations are
terms and conditions for BWL service for customers.
Commissioner Ross asked if and when a delinquent customer would be allowed to request the extended
outage credit if an outage occurred while the customer was delinquent. Mr. Matus responded that when
the customer makes an application for the extended outage credit the customer's account needs to be
current.
Commissioner Zerkle asked what is meant by the term customer choice. Mr. Matus responded that a
customer can select which contractor the customer would like to install service in their facility. BWL will
inspect the installation but the customer pays the costs. This was written in the rules and regulations to
clarify the language. Commissioner Zerkle also asked what a curb feed box is. GM Peff ley responded that
in water service there is a main running down the center of the road with a line hooked to it which runs
to the curb and sidewalk, and the curb feed box holds the shut off valve and this line runs into the house.
Mr. Matus added that three customers have installed chilled water service and that is the reason for the
update to the chilled water service rules and regulations.
Motion by Commissioner Price, Seconded by Commissioner Mullen,to forward the Resolution for the FY
2021-2022 Rules and Regulations for Electric, Water, Steam, and Chilled Water Services to be effective
July 1, 2021 to the full board for consideration.
A roll call vote was taken:
Yeas: Commissioners Thomas, Graham, Leek, Lenz, Mullen, Price, Ross, Zerkle
Nays: None
Action: Motion Carried.
Other
There was no other business.
Adiourn
Commissioner Thomas adjourned the meeting at 6:14 p.m.
Respectfully Submitted
Tracy Thomas, Chairperson
Committee of the Whole
Commissioner David Lenz presented the Finance Committee Report:
FINANCE COMMITTEE
Meeting Minutes
May 11, 2021
Due to public safety concerns resulting from the COVID-19 Pandemic,the Finance Committee meeting for
the Lansing Board of Water and Light (BWL) was conducted via WebEx Conferencing in Lansing, MI on
Tuesday, May 11, 2021.
Event Address for Attendees:
https://lbwlevents.webex.com/Ibwlevents/onstage/g.php?MTID=ebc65b57b27Of4406ebO4c5dfd3387498
Event Number for Attendees: 132 169 7679 Event password: NgSimdxR332
Audio conference: United States Toll +1-408-418-9388 Access code: 132 169 7679
Finance Committee Chair David Lenz, called the May 11, 2021, 6:00 p.m. Finance Committee meeting to
order at 6:25 p.m.
Corporate Secretary Griffin took the roll call to acknowledge attendance.
The following Commissioners were present via audio/video:
David Lenz remotely, Lansing, MI (Member) Beth Graham remotely, Lansing, MI (Member)
David Price remotely, Lansing, MI (Member) Ken Ross remotely, Lansing, MI (Member)
Stuart Goodrich remotely, Delhi Township, MI Douglas Jester remotely, East Lansing, MI
DeShon Leek remotely, Lansing, MI Larry Merrill remotely, Delta Township, MI
Tracy Thomas remotely, Lansing, MI Sandra Zerkle remotely, Lansing, MI (Alternate)
Absent: None
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes
Motion by Commissioner Price, Seconded by Commissioner Graham, to approve the Finance Committee
meeting minutes of March 9, 2021.
Motion Carried by the following Roll Call Vote:
Yeas: Commissioners Lenz, Graham, Price, Ross
Nays: None
Action: Motion Carried.
March YTD Financial Summary
CFO Heather Shawa gave a review of the March 2021 YTD Financial Summary.
Chief Financial Officer Heather Shawa reported that Total Cash was $391.5 million which was an increase
of$1.6 million from last month. Days Cash on Hand ended the month at 244 and along with Debt Service
Coverage remained strong.
CFO Shawa stated that at the last Finance Committee meeting,the Commissioners asked for a comparison
of the financial summary for March 2020 and March 2021 which will be provided in the COVID-19
presentations. CFO Shawa noted that YTD Income Statement and fiscal year end projections will be
updated on the April dashboard.
Two of the five ratios are within benchmarks. Debt to Total Assets was a little high, as expected, due to
bond issuance and the Bad Debt Ratio is high largely because the allowance was increased at the end of
the year. Days Sales Outstanding is underperforming by one day.
Commissioner Ross asked about the difference in the actual YTD net income and budgeted YTD net
income. CFO Shawa responded that Mr. Paul Eory would elaborate on that in the COVID-19 presentation.
Employee count YTD is 696 and the budgeted YTD is 732. In Payroll Data the Labor$/Hours Worked metric
has remained in line with year prior. Overall YTD benefits costs are underbudget, but are medical claims
are expected to increase with removal of COVID-19 restrictions.
CFO Shawa introduced Finance and Planning Supervisor, Mr. Paul Eory, who presented an overview of
COVID-19's impact on the BWL from March 2020 to March 2021. Mr. Eory reported on customer
payments, Delta Energy Park construction, financial and operational levers, retail sales impact, and the
financial status YTD through March 2021. Customer payments have reduced due to the COVID-19
pandemic. Delta Energy park has delayed commercial operation, resulting in FY 2021 income statement
budget variances. Various financial and operational levers have provided BWL flexibility in responding to
the COVID-19 pandemic. Retail sales have rebounded since initial stay at home orders but are still trending
below weather adjusted expectation. Through March 2021, BWL's fiscal year 2021 income statement has
largely been affected by COVID-19,through unpredicted high investment returns, slowed down spending,
and the delay in Delta Energy park financing and capitalization.
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income stalement budget variances.
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Commissioner Ross asked about the supply chain disruption in the perspective of utilities and Delta Energy
Park construction. GM Peffley responded that most of the supplies for Delta Energy Park have been
received but the travel bans are affecting the subject matter experts who are in Sweden. The subject
matter experts are communicating through laptops, which is slower but all three of the turbines have
been run. The plant is scheduled to start running in early fall. CFO Shawa responded that there haven't
been any issues to date with the supply chain but there are starting to be extended lead times for some
parts which will be ordered ahead of time.
Commissioner Thomas asked what was saved with employees working at home rather than in the office.
GM Peffley responded that the information will be gathered and put together for an upcoming meeting.
CFO Shawa responded that information can be provided at the next Finance Committee meeting.
Retirement Plan Committee (RPQ Updates
CFO Shawa stated there will be a standing agenda item for Retirement Plan Committee updates and any
investment actions that have been taken since the last Finance Committee meeting. Administration
actions will be presented at the next Human Resources Committee meeting.
CFO Shawa reported the following investment activity updates:
• VEBA Small/Mid-Cap Fund Manager Change of approximately$23.51VI and 10% of VEBA plan
assets from Aristotle to Atlanta Capital
• VEBA Rebalancing of$6.5M and 3% of portfolio from large cap equity to real assets, $3.5M has
been completed already and $3M is expected to take place next quarter
• DB Plan Distributions
Commissioner Lenz asked from where the money comes if$3.5M million is generated and $51VI is paid
out. CFO Shawa responded that both the DB and VEBA are fully funded and there won't be any shortfall.
CFO Shawa introduced Accounting and Finance Manager, Mr. Scott Taylor and Ms. Dori Drayton, Senior
Vice President at CapTrust, as the financial advisor for the DC, 401, and 457 Plans. Mr. Taylor reviewed
the recommendations for the investment policy statements for the DC Plans. With the transition of the
plans from Plante Moran Financial Advisors to CapTrust, restating and reorganizing changes are being
made to these statements for the retirement plans. One of the benefits of transitioning to CapTrust is
more robust reporting and monitoring capabilities of accounts.
Commissioner Ross asked whetherthe Committee as an investment fiduciary is a delegation bythe Board.
Ms. Drayton responded that there are general fiduciary duties for the governing body and in addition
there are investment fiduciary responsibilities as defined in Public Act 314. Commissioner Ross also asked
whether there is an adequate framework in the governance and delegation to the committee who
provides the information to be reviewed. Ms. Drayton responded that there was adequate governance
and flow of information. Commissioner Ross also asked what deviations are normal under the policy goals
and objectives section. Ms. Drayton responded by stating that the investment policy statement says that
an investment advisor will be utilized to serve the plan. She then said that if, for example, it was
determined that instead of using an advisor, an internal team would be assigned to the role, that would
create a technical deviation. This part of the policy would allow time to update the policy to reflect the
desire for this change without resulting in a technical violation. Commissioner Ross asked what degree of
detail in transparency will be provided and how it will be provided. CFO Shawa responded that the
recommendation for a standing reoccurring agenda item will provide updates. In addition,the Retirement
Plan Committee takes minutes at the meetings, the financial advisors provide advice and counsel,
quarterly performance reporting of the plans, and a pension fund trustees meeting is held annually.
Mr. Taylor added that there is an annual dashboard that is provided at the annual Trustees meeting, of
which one page is dedicated to the 401 and 457 plans, which can be reviewed as to whether the
information can be provided more frequently.
Motion by Commissioner Ross, Seconded by Commissioner Price, to forward the Resolution for the
Investment Policy Statements for the DC plans to the Pension Fund Trustees Meeting for consideration.
Roll Call Vote:
Yeas: Commissioners Lenz, Graham, Price, Ross
Nays: None
Action: Motion Carried.
FY22 Operating Budget and FY22-27 Forecast Presentation
GM Peffley remarked that the staff did an incredible job with minimal increases this year. This year's
budget allows the continuation of transitioning to being the utility of the future, provides funding to 0&M
for maintaining high quality of service, provides funding to replace obsolete systems, and paves the way
to increase water main replacement from two miles a year to eight miles a year. More efficient use of the
work force has been implemented and a double-digit rate advantage will be realized over the nearest
competitor.
CFO Shawa spoke about the FY 22 Operating Budget and FY 22-27 Forecast. Ms. Shawa reported on the
strategic objectives, the key budget and forecast assumptions, volume history and forecast by utility,
operating budget and forecast, capital budget and forecast and subsequent steps.
BWUs prior Strategic Plan,adopted in 2e16,detailed the following
goals and objectives:
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GM Peffley commented on the 90% completion of ISO Certification at REO Plant and stated it is the
second ISO certification out of 2000+ utilities in the country.
Looking forward,the aess•aoa5 Strategic Plan includes six key
Rrategrcsthat focus on ourinancial resiliency: MaimaiIiyli tredR rating
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Commissioner Ross asked whether the target rate of return on assets of 4.2%was an aspirational goal for
the Board. CFO Shawa responded that priorto the beginning of the COVID-19 pandemic BWLwas on track
to attain the 4.2% goal in 2024 and that it is a realistic and important goal for 2026. The 4.2% return on
assets benefits customers with more reliable and quality service. GM Peffley added that the Finance
Department provided all the numbers and his only concern was the competitiveness of rates and then
balanced it with the capital work that would be done and the items on which he remarked at the beginning
of this presentation.
To ensure adequate Ipuidityr th<Board of Cammissioners adopsetl a Minimum[ash
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GM Peffley commented that the Erickson closure in May of 2023 will be two and a half years prior to what
was previously stated as the cost of energy and the capacity market has changed. Exit strategies for
employees are being worked on.
GM Peffley commented on the sales forecast and stated that it will be achieved as BWL is adding additional
customers.
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7
Commissioner Merrill asked what the average number was for the return on assets at the end of the fiscal
year historically. CFO Shawa responded that 4.2% was the goal for this fiscal year, last year was 4.14%,
and in 2015 and 2016 it was just above 2% and increased in 2017, 2018 and 2019. She added that
additional information could be researched and provided. Commissioner Merrill asked for the reason that
the target for the return on asset for 2022 was 2.6%when 4.2% has been achieved previously. Mr.Taylor
responded that bringing the new plant online will be about$20M and will affect the return on assets. GM
Peffley responded that there also be a rate hike.
Commissioner Price commented that 4.2% was adopted as a goal by resolution four years ago and
replaced an unachievable goal of 6.17%.
Commissioner Jester asked if the cost of setting up on-bill financing and investments in electric vehicle
infrastructure were included in the budget. GM Peffley responded that technology for on-bill financing
will arrive in the fall and $400,000 is being worked on for charging stations. Commissioner Jester asked
whether funds to be loaned would be BWL funds or third-party funds. CFO Shawa said that it hadn't been
determined yet. GM Peffley added that Holland's on-bill financing that has been successfully
implemented is being reviewed.
Mr. Taylor reported on the capital portfolio budget and forecast.
Commissioner Lenz asked about the increase in the amount in REO plant spending. GM Peffley responded
that the gas turbines are being rebuilt due to age. Commissioner Lenz asked what determined whether
the turbines would be rebuilt or replaced. GM Peffley responded that the rebuild refurbishes the turbines
to like-new condition.
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GM Peffley commented on the repetitive project of the replacing of two miles of pipe every year. There
are 800 miles of pipe, which has a life of 100 years, and two miles a year was falling behind the lifespan of
the pipe. The increase to eight miles a year will allow the replacing of the pipe within its lifespan.
Mr. Peffley commented on the model for the projects that will be done and stated it will keep unnecessary
exceedances from being requested and better prices can be attained.
Commissioner Lenz asked if a presentation could be given in the future to demonstrate the difference
between annual projects and planned projects and how the projects are monitored for project
management efficiency. GM Peffley responded that could easily be done at a future meeting.
Commissioner Lenz asked what percent of the design budget is vendor-based versus internal. Mr. Taylor
responded that he would send the figures by email to Commissioner Lenz.
Commissioner Ross and Commissioner Lenz commended GM Peffley, CFO Shawa and Mr. Taylor on the
effort and presentation of the budget and forecast. CFO Shawa thanked the commissioners and said there
was a team of 10 employees that worked on the budget and forecast.
Motion by Commissioner Price, Seconded by Commissioner Ross, to forward the FY22 Operating Budget
and FY22-27 Forecast Resolution to the full board for approval.
Roll Call Vote:
Yeas: Commissioners Lenz, Graham, Price, Ross
Nays: None
Action: Motion Carried.
Internal Audit Status Report
Internal Auditor, Mr. Wesley Lewis, presented the Internal Auditor Status Report.
Audit Progress Report
' scn sun o"on,�u:I.a cPr..nu„TmE.n,.a.
FY 2022 Risk Assessment Process
Update
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E. Tn.Ilnenc.Lemmill..well pna.nl In.au l Plena.Pen el lu r.porl le In.
pOC Ipr r.cenaltl.r.11en.ntl.ppr.v.l tlurinp Ila Jury}Ell m..11lrp,
Commissioner Lenz asked if there is an expected completion date for the audit that was delayed due to
vendor issues. Mr. Lewis responded that the forecasted date is in the second week of June and if there
are any changes he will keep the Commissioners informed.
Other
Chair Price stated that there will be a Fund Trustees meeting the same week as the Board meeting. The
Pension Fund Trustees meeting will be held with the purpose of accepting the Investments Policy
Statements for the DC Plans approved by the Board.
Adjourn
Chair David Lenz adjourned the meeting at 8:49 p.m.
Respectfully submitted
David Lenz, Chair Finance Committee
Commissioner Mullen presented the Human Resources Committee Report:
HUMAN RESOURCES COMMITTEE
Meeting Minutes
May 18, 2021
The Human Resources Committee of the Lansing Board of Water and Light (BWL) met via WebEx (BWL
Headquarters-REO Town Depot located at 1201 S.Washington Ave., Lansing, MI) at 5:30 p.m. on Tuesday,
May 18, 2021.
Event Address for Attendees:
https://Ibwlevents.webex.com/Ibwlevents/onstage/g.php?MTID=ecbb07lb695d2ff0afd75dc6l559be7e4
Event Number for Attendees: 132 8816463 Event Password: DFsAw7rNS22
Audio Conference: United States Toll +1-408-418-9388 Access Code: 132 8816463
Human Resources (HR) Committee Chairperson Tony Mullen called the meeting to order at 5:30 p.m. and
asked the Corporate Secretary to call the roll.
The following Commissioners were present via audio/video:
Tony Mullen remotely, Lansing, MI (Member) DeShon Leek remotely, Lansing, MI (Member)
Tracy Thomas remotely, Lansing, MI (Member) Sandra Zerkle remotely, Lansing, MI (Member)
Stuart Goodrich remotely, Delhi Township, MI Larry Merrill remotely, Delta Township, MI
David Price remotely, Lansing, MI Ken Ross remotely, Lansing, MI
Absent: None
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes
Motion by Commissioner Thomas, Seconded by Commissioner Leek, to approve the Human Resources
Committee meeting minutes of March 16, 2021.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek, Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
Retirement Plan Committee (RPC)Administrative Updates• Nationwide Transition
General Manager Peffley introduced CFO Heather Shawa to present the Retirement Plan Committee(RPC)
Administrative updates. CFO Shawa introduced CAPTRUST advisor, Ms. Dori Drayton, who was available
to answer questions. CFO Shawa reported that the transition to Nationwide became effective on April 29,
2021. Nationwide held 12 virtual workshops to assist participants with the transition and a BWL account
representative was reserved the first two weeks of May. There was an overwhelming response with
positive feedback for both of these. Ms. Shawa reported that updates to the 457 Plan document and
adoption agreements were made to ensure and clarify alignment with IRS Code requirements and that all
plan documents and adoption agreements will be made accessible in an updated Trustee resource. Ms.
Shawa concluded with an update that an official request for reimbursement from ICMA-RC for applicable
expenses/fees related to the Voluntary Correction Program had been made.
Commissioner Mullen asked if the reimbursements from ICMA have been completed or if there could be
future disputes made. CFO Shawa responded that ICMA is required per agreement to reimburse and the
full amount had been requested.
Commissioner Zerkle asked whether participants will pay for both ICMA and Nationwide fees if the Roth
IRA account that participants had with ICMA are not available with Nationwide. CFO Shawa responded
that participants will pay the fee for the Roth IRA product as it is outside BWL's plan. Human Resources
Executive Director, Ms. Lynnette Keller, clarified that there is a post-tax election Roth option that is
sponsored by the BWL 457 Plan and a Roth IRA that is outside of the plan.
Human Resources Department—A Year In Review
GM Peffley gave the floor to Human Resources (HR) Executive Director, Ms. Lynnette Keller, to present
the HR Department Year in Review. Ms. Keller reported alignment with HR Key Priorities to the Utility of
the Future Vision and Strategic plan such that cultivating a generative safety culture; attracting,
developing and retaining a highly skilled, diverse and culturally intelligent workforce; cultivating employee
engagement that promotes a positive work environment, professional development, and career growth
with emphasis on succession planning are the three main strategies in the strategic plan. Ms. Keller
reported on the areas where HR contributed: some examples include recruiting and retention; safety and
security; benefits and retirement; organizational development and training including ISO certification and
the.Leadership Academy; organizational change management including the training of 25 new Prosci
certified change practitioners; employee engagement; technology upgrades including implementing the
Pacycor Recruiting and Onboarding Systems; performance management including deployment of the
Performance Review Application tool; compensation management including reviewing and updating all
non-bargaining position descriptions; diversity, equity and inclusion; and internal improvements. The key
priorities shared align with the utility of the future vision, and the strategic priority of engagement and
diversity.
IAN
HUn9on Q4101ale4s
.,,�.,; � �� ;�:e.,:end�r_..�-,t•,
Ilrnefits and
�(/(��►�} 9 i� �ij1�4J ft!ire ment
Mianamenc iran.r �4
EniV�oY"-"Evj:agemvnl
Commissioner Thomas commented that Ms. Keller's presentation was informative and that the portion
that was presented regarding equity, inclusion, recruiting and retention were explained well, but did have
some questions or concerns regarding the lack of information in regard to diversity. Commissioner Thomas
suggestions to include the Word diversity in the wheel (see graphic above)to emphasize the important of
the great work that was presented in the strategic plan.
Commissioner Zerkle requested definitions for some of the HR terminology, asked whether a quarterly or
semi-annual report on the results of the diversity plans implemented would be provided, and what was
being considered for employees as the COVID-19 mask restrictions have been lifted. GM Peffley
responded that BWL is governed by MIOSHA and that employees who want to return to in-person work
will start to return on May 24, 2021. The remainder of the employees will return in phases in July 2021.
MIOSHA requirements are being reviewed to ensure that there is adherence to their guidelines. GM
Peffley also responded that definitions for the HR terminology will be provided.
Appointed Employee Development Process
Human Resources Committee Chairperson Tony Mullen stated that this document is a skeleton of what it
could be and that this was the beginning of developing a process for Board Appointed Employee's
development process. Attending Commissioners engaged in dialogue, suggested language and word-
smithed the proposed process document.
Other
None.
Adiourn
Chair Mullen adjourned the meeting at 6:59 p.m.
Respectfully Submitted,
Tony Mullen, Chair
Human Resources Committee
MANAGER'S RECOMMENDATIONS
There were no General Manager recommendations.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
RESOLUTIONS
Chair Price stated that a substitute resolution was emailed to the Commissioners which clarified
discussion held at the COW meeting regarding the responsibility for the electric bill where an occupant
resides at the same place as a customer with a delinquent account and the occupant wishes to put the
account in their own name.
RESOLUTION 2021-05-01
FY22 Rules and Regulations for Electric, Water, Steam and Chilled Water Utility Services
Subject: Board of Commissioners Update of Fiscal Year 2022 amendments to the Rules and Regulations
for Utility Services, Including Fees and Charges and a draft resolution for approval.
Background: The Rules and Regulations set forth the terms and conditions of utility services and govern
these issues:
• General Provisions
• Service Conditions
• Use of Service
• Metering
• Application of Rates
• Responsibility for Payment of Bills
• Dispute and Hearing Procedure
• Distribution System Extensions
• Services
• Fees and Charges
• Compliance
• Other individual Utility Issues
BWL staff periodically review the Rules and Regulations to recommend changes designed to promote
clarity and consistency, address change in practice or procedure, address new issues, and ensure that
fees and charges are adequate to cover actual costs.
Fiscal Year 2022 changes fall into three categories: (1) Substantive changes that may alter the meaning
or effect of a rule; (2) Non-substantive changes designed to address grammar, clarity and consistency
across utilities, but not to change the meaning, substance or effect of a rule; and (3) Fee and Charges
increases to recover actual costs where they have increased since the last update in FY20.
1. SUBSTANTIVE CHANGES
A. Across Utilities - Electric,Water, Steam and Chilled Water
• Revision of Rule 2—General Provisions
o 2.1.H—Added language that as a condition of service, the BWL must have a recorded
easement on the Customer's Premises for access and installation, maintenance, removal,
relocation of the electric distribution system and any other equipment reasonably related
to the provision of service.
• Revision of Rule 4.3.B, Customer Piping and Equipment
o Revised to clarify that only when the BWL's planned or emergency work was not
performed in accordance with industry standards will the BWL be responsible for repairs
or restoration.
• Revision of Rule 4.6 or 4.7, Disconnection of Service
o Revised to clarify that a Demolition Service Request form must be signed by the property
owner for service to be permanently disconnected for demolition.
• Revision of Rule 7.1, Responsibility for Payment of Bills
o Revised to indicate bills are mailed 21 days before the due date instead of 15 days.
o Added language to clarify current and past practice that unpaid amounts incur a 5% late
fee.
o Added language to clarify that a new service request cannot be added until a delinquent
account is paid in full.
o Added language to clarify current and past practice that a family member of a deceased
customer may place service in their name or the in the name of the Estate if a written
request is made by the personal representative and supporting documentation is
provided.
o Added language to clarify current and past practice that when an occupant has lived with
a residential Customer within the last 3 years, currently resides with the Customer, and
the Customer has a delinquent account that remains unpaid, is not in dispute, and
accrued during shared residency, the occupant is also considered responsible for the
unpaid bill when seeking to put the delinquent account into their own name.
B. Electric
• Revision of Rule 1, Definitions
o Revised definition of"Service Location" to clarify it is the point at which the BWL has
agreed to deliver electric power to the Customer.
• Revision of Rule 5.4, Multiple Occupancy Buildings
o Added language that the BWL may impose a meter mislabel fee (new fee) if the building
owner has not complied with the requirements of this Rule 5.4.
• Revision of Rule 6.1, General,Application of Rates
o For purposes of time-of-use rates, added language to identify the holidays the BWL
recognizes for application of such rates.
• Addition of Rule 7.5, Extended Outage Credit
o Added language to address the extended outage credit currently called the Electric
Catastrophic Storm Outage Credit which provides that Customers can receive a $25.00
credit for an electric outage of more than 120 consecutive hours when a catastrophic
condition (results in an official state of emergency or results in an interruption for 10% or
more of the BWL's customers) plus an additional credit of$5 per day thereafter until
service is restored. (Resolution 2014-01-01).The credit will now be applicable to
Customers with no past due balance who experience an electric outage solely attributable
to BWL-owned equipment for 120 consecutive hours or more. Application must be made
within 6 months of the first day of the outage. The credit of$5 per day after the initial
120 hours is being deleted. This revision to Rules and Regulations for Electric would
supersede Resolution 2014-01-01.
• Deletion of Rule 11.7.C, Commercial and Industrial Underground Services
o Deleted because the BWL no longer installs secondary commercial services and language
describing the charge is not needed.
• Deletion of Rule 11.8.C, Multi-Dwelling Structure Services
o Removed because the BWL no longer installs secondary commercial services and
language describing the charge is not needed.
• Revision of Rule 13.2, Authorized Attachments
o Added language that the maximum number of tangent communication cables or fiber line
attachments shall be 5 per pole.
• Revision of Rule 14.1, General, Parallel Power Sources
o Revision of Customer generating systems sizing to help with planning for the BWL's
electric distribution system and future Rate changes that will align with systems up to 150
kW AC.
• Addition of Rule 14.4, Operation
o Added language that imposes a new requirement that Customer generating systems with
an AC nameplate capacity of 20 kW or higher have a dedicated generation meter owned
and maintained by the Customer, or the Customer must provide the BWL with a
generation report within 24 hours of request by the BWL.
C. Water
• Revision of Rule 5.4, Multiple Occupancy Buildings
o Added language that the BWL may impose a meter mislabel fee (new fee) if the building
owner has not complied with the requirements of this Rule 5.4.
• Revision of Rule 11.4.A, Domestic Water Service
o Added language to correspond to new curb box fill fee which applies when the curb stop
has been closed by the BWL and is subsequently opened by an unauthorized Person
requiring the BWL to again close the curb stop and fill the curb box with soil to prevent its
operation.
• Revision of Rule 11.5.A, Fire Service
o Revision to limit when a detector check by-pass meter will be installed, owned and
maintained by the BWL. It will not be installed when the BWL has determined the by-pass
meter is not warranted or is impractical. Such meters are often redundant because flow
in a fire service is already monitored by the fire department.
D. Chilled Water
• Revision of Rule 4.3, Customer Piping and Equipment
o Revision to specifically define the connection point of Customer Piping.
o Revisions to clarify and define responsibilities of the Customer to install and maintain
Customer Pumps and to install and maintain all connections to BWL equipment.
o Revision to clarify how Customer Piping may be configured—as either a Direct
Connection or an Indirect Connection subject to review and approval by the BWL.
• Revision of Rule 4.5, Improper Use and Tampering
o Added language to address the intentional disabling of Customer Pumps to defeat
circulation, constituting a disruption to chilled water service which may result in
disconnection and the imposition of reconnection and tampering fees. Shutdowns for
maintenance and refurbishment of Customer Piping are permissible.
• Revision of Rule 5.2, Sizing, Installation, and Ownership
o Added language to clarify metering equipment will be installed within Customer Piping
and Customer is responsible for all connections to metering equipment.
• Addition of Rule 9, Customer Choice Program
o Added language to align with the BWL authorizing customer choice contractors to install
chilled water service piping and chilled water mains. Language is consistent with Rule 9 of
Rules and Regulations for Water.
• Revision of Rule 11.3.13 (formerly Rule 10.3.13), Chilled Water Service
o Revision to specify the Customer will install the master isolation valves on Customer
Piping at its expense and is responsible for ownership and maintenance.
E. Steam
No substantive revisions
2. NON-SUBSTANTIVE CHANGES
A. Across Utilities- Electric, Water, Steam and Chilled Water
• Revision of Rule 2, General Provisions
0 2.1.A— Revised language to include correct link to Rate Schedules and all contact
information for Utility Services.
0 2.2.A- Revised language to clarify that all types of consumption and demand data
collected for all utilities are included.
• Revision of Rule 6.2, Resale
o Revised language to clarify BWL must approve the resale of the utility service.
• Revision of Rule 9 or 10, Easements
o Added language consistent with new Rule 2.1H which permits the BWL to place other
equipment on the Customer's premises for the provision of service.
• Revision of Rule 9 or 10, Non-Standard Equipment
o Added language to clarify that non-standard equipment the BWL elects to provide is
subject to availability and lead times.
B. Electric
• Revision of Rule 1, Definitions
o Revised definition of"Multi-Dwelling Structure" for consistency with definition of
"Residence."
• Revision of Rule 5.2, Installation and Ownership
o Added language to clarify which metering enclosures the BWL will provide and which the
Customer must provide.
• Revision of Rule 5.7, Primary Rate Meter Installations
o Added language to clarify primary rate metering equipment should be installed on the
exterior of the building for communications capability.
• Revision of Rule 6.8A, Cogeneration and Small Power Production Facility
o Removed Rate references as the Rate numbers because they might change.
• Revision of Rule 10.5, Refunds of Deposit (for Distribution Line Extensions)
o Added language to clarify the BWL will not refund any portion of a deposit for a
Distribution Line Extension attributable to revenue from Customers intended to receive
service as part of the extension project.
• Revision of Rule 11.7.A and Addition of Rule 11.7.6, Commercial and Industrial Underground
Services
o Revision to clarify who installs, owns and maintains underground secondary service
conductors for commercial and industrial buildings.
• Revision of Rule 11.7.F, Commercial and Industrial Underground Services
o Revision to clarify cabinets and enclosures up to 3000 Amperes can be purchased from
the BWL.
• Addition of Rule 11.8.13, Multi-Dwelling Structure Services
o Added language to be consistent with Rule 11.7.13. to clarify who installs, owns and
maintains underground secondary service conductors for multi-dwelling structures.
C. Water
• Revision of Rule 4.3, Customer Piping and Equipment
o Added language to clarify the Customer's responsibility to connect their plumbing to our
Meter.
D. Chilled Water
• Revision of Rule 1, Definitions
o Added definition of"Advanced Metering Infrastructure"to ensure consistency with other
utility services.
o Added definition of"Customer Pumps" to ensure consistency between the Rules and
Regulations and the chilled water connection standards.
o Added definition of"Direct Connection" to ensure consistency between the Rules and
Regulations and the chilled water connection standards.
o Added definition of "Indirect Connection"to ensure consistency between the Rules and
Regulations and the chilled water connection standards.
o Added definition of "Meter" to ensure consistency between the Rules and Regulations
and the chilled water connection standards.
o Revised definition of"Service Location" to be more accurate and to clarify it must be
within 5 feet from the outside of the building.
o Revised definition of Service Valves to clarify the Service Valves will be owned by the
BWL but may not be installed by the BWL as per Rule 9, these valves may be installed by a
customer choice contractor.
• Revision of Rule 3.2, Availability of Service
o Added language to describe the characteristics of chilled water service.
• Revision of Rule 4.1, General, Use of Service
o Added language to clarify what may be operated by personnel authorized by the BWL
only.
• Revision of Rule 10.5 (formerly Rule 9.5), Installation of Distribution System Extension
o Added language to clarify the types of plans the Customers must provide for BWL review
and approval to ensure a more thorough review.
• Revision of Rule 11.3.A (formerly Rule 10.3.A), Chilled Water Service
o Revision to clarify which valves can be operated by the BWL as there has been recent
confusion on who has the right to operate valves, especially those located on the
Customer's Premises.
o Moved #5 to be under 11.3.D.
• Revision of Rule 11.3.13 (formerly Rule 10.3.6), Chilled Water Service
o Deletion of#2 due to redundancy and conflict with modified language specifying the
connection point at within 5 feet from the outside of the building.
• Revision of Rule 11.3.0 (formerly Rule 10.3.C), Chilled Water Service
o Added language to clarify the Customer is not permitted to withdraw or introduce water,
air or any other substance to the Chilled Water Distribution System and is required to
notify the BWL of any situation which results in a water draw or introduction of foreign
materials to the distribution system or of any chilled water leaks.
• Revision of Rule 11.3.D (formerly Rule 10.3.D), Chilled Water Service
o Moved language from 11.3.A and revised to clarify the Customer is responsible to ensure
air and debris are not present within Customer Piping which is a Direct Connection and
the BWL will not supply chilled water to Customer Piping until pipe cleaning has been
successfully performed.
E. Steam
• Revision of Rule 1, Definitions
o Added definition of"Advanced Metering Infrastructure" to ensure consistency with other
utility services.
3. FEES AND CHARGES
Charge Q.NAPfbn When Applied mo❑large Prepe,M FMchaage
w<�-<.metre-<xe°�e.ee.re»I,r.rw�eRd.d
No bren Imtan rt[ow.y
Wia+F�s<edRttostne<viv 5;13rnmr<n A[Nr}f( mmertblurvkn
.nvreduns..pa+k-since
55�11 P.Erro':[
w,lau.e-+g!nvro•�:MeD+n-&roger l.:,, S.5—
K'Iree+I+e<nr'eGe^.I<Ife<!Mw0.: la.>aW FFF'D`fF b-d.tpan+Mleercedrle
S35trD<ra'eerv<
M[Imi+mpervg l.< [acM1atvrerce S1)5 5)Ss krtomntercYw+IM1 W+In
AedM due to 4 rpu[<'n Rde
V el rlc BHle+ Fa[F uc[cn<xevpb<irclm[c!t[:td pDN01[ASi $e5D SnO:towneons olbbr,
Imedtrerce ke [+[M1acvrerce S])5 $355 krcombtergy rdtM1 W+In
A'ry lime-inDer $155 YR rlolMlo eoserconl of btor,
N alpole
NNl:me-i ee'ASre qD NOT FAST
Charge Desalpllon When Applied FY30 Char[. 7—t
Z Ch.—
X al the cM1arge for eilM1er side pl nreel it nil previouny
pnenm.
ter main wont fo l+ge every 5197/II Adiu,teebcoan I6' us m,lontipn eudto[°v,aM eSUS minimum,S I e/I1In erteu of 535/1to<e[e<,of AGus ed 1.rover cons 0a —t e l era saMeoulpmenl
$I,gSD ldlnlmum,53D/Il in e,[en $3,300 M�Mmum,$35/It In excess du,of l f c rot labor,
Curb Bo,tp Bull rag lsareel eetP zrerloral,°n co,t of ns eel rcsloralwn on ena,aM Ow n
°or Ma sett X--n.-,e 139D 5330 AaNaeem[nv<r em of hbor.
eeah aM eouipment
°Ilabor,
WaterxM<e,IBoard l-Aledl Ind°or Meier xl%'-With Spill In eaJpn $lgs Se55 m�ilterial+laM e9ulpmenc
IC°nrK[lion fee appli—Nj calk orlm X' xt wiN Meter pl S'.." 58305 �Iln aeslaM epulcpmesmllabor,
gabon OMtloor Meier
orX'Mele.xl wlN Meter dt-Cusbmer CM1alce ...O 5195 Aeiurlee to[pvzr cons of l+ta r,
am I labor onlYl .erlal,aM eyulpment
l of eai,ting service to alkwlor,dil Oomestl[or s305 Scss etetl to corxr[o,u ollab°r,
onYrvlce maAd,t dalr aed e9u1
pmem
age ter selling meter onasdll,eMce alter lnilial 5195 Adjusted to[over cons of labor,
allatbn stgD
lxM[e Meier Pil ref-Crulpmer C.-Program(I.bpr°NVI S100 S3v5 ned l° vec'c-1 oll+bor,
Wh,.re--d bV Curlomer
L. IrclWine]'Curb B°anpMeter Plt 5110 S135 once to cover cost,Dilator,
erlah aM eoulpmenl
[e Dem°nu°" lee m b
to analrcludlrrg l'Crxb eoa.lo-guilE',rg 53as 23bs IsaMe9uipmesnlla
Wlmer ans rpct�on Charge 1Valer Mcer,'aMuntler 511/1rerch 11 533R hIt Net° ro ab°
n°[[rr°en[e Dd;prme le[pKr[pm oname
xrvlce Up 1 $2. 53i.S leruh arW eouiDmenl
u of labor,
1 Xmces 5330 5335 ter41s eeu1P-1
g e-Chary Mlus sof labor,
1 X'xMcer raM Maledal' $1,r.I0 Isla saM e9Wpmenl
raM Mal led loc Dilator,
ces ep•159o0 5a1n5
era runnl gwarer order Nsbeen kruea
wing—m Clurge reed to cover costs pllabor,
and i'aM up 1plMun $ins 5365 ,aM eouipment
Hydra rat flaw Pert1n1 en sled W eu°er 5365 23YD sleam[overcols°Ilab°r,
oh.,.cs—hi FY20 Change - Proposed M2 Charge
niml
DID'ess
CHILLED WATER FEES and CHARGES
Charge Deserliption When Applied FY20 Charge Proposed FY22 Charge
Added Customer Choice Program;
Permit Application Initial ri by Contractor seekni;qui Of D NOT EXIST 542S For climmits.y.ithIlWo,
(Customer Choice Pmgrlm)
Added CustomerChoice Program;
Annual Contractor's Oualf,""I Permit Fee Ali DID NOT EXIST $ISO For I miStenCy with Water
On-litl main,a III Co Trii—All'
For a protect with a Board esti-led constrection cost of 10%m,pecvon fee-Noo rs�ibbl,
adrinnign'ron charge ON
co"st the Forcentage charged
based on ZFIIC;Ptld p"llill Costs
Ad edCustamer Choice Program;
��,pr.jeCt,,t�"003rdeSti,atedCoMtIUCE�nCOSIgre�ter DIDNOIEXIST 5%inspection fee-reconcilable For rd so mistency with Water
(Customer Cho ice Program) a d"Inl5tralro I chat File.
The LgWL reserves the ight to
adjust the percentage cha Filed
with actual Inspection Cost$Licers
,ornpolon of the project The
ch ffer—will be reimbursed or
Wled to the Customer,eicept In
cases where actual IsPeco-st'I"'
inspect-lh,rgl.
W—T-Fering i.E Each occurrence $275 IS285 I For cci with Water
Interference Fee Each OCCUTIFEE, $275 1�285 For C.ml,t,,cy with Water
STEAM FEES and CHARGES
Charge Description When Applied FY20 Charge PFopDs;edFY22 lCharge
Ead—ct""'i, $275 gS285 For consistency with Water
Interference Fee Urn leturin— $275 $285 For consistency with Water
When Customer requested meter calibration check is With!, $195 $205 For co nsistencY with Wate r
Mete,Calibration Charge plus or minus 2%accuracy
4' DRAFT RESOLUITON APPROVING FY22 RULES& REGULATIONS
RESOLVED, 1hntF\sca|Year2U21-2O2IRu|esandRegu|atinnsforE|ectrc,\Nate� StearnandCh|Ued
t dbv K4ana�ernentnnK�ay11 2OZ1 tobeeffect\ve July 1, ZOZ1.
VVaterServicesbeapprnvedospresen e -. , ,
Motion by Commissioner Mullen, Seconded by Commissioner Lenz, to accept the substitute Resolution
for the Fiscal Year 2021-2022 Electric, Water, Steam and Chilled Water Services Rules and Regulations as
the official Resolution for the FY2021-2022 Electric, Water, Steam, Chilled Water Services Rules and
Regulations, to be effective July 1, 2001.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross, Tracy
Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
Motion by Commissioner Ross, Seconded by Commissioner Mullen to approve the substitute Resolution
for the Fiscal Year 2021-2022 Electric, Water, Steam and Chilled Water Services Rules and Regulations as
presented, to be effective July 1, 2021.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross,Tracy
Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
RESOLUTION 2021-05-02
Revised Investment Policy Statements of the DC Plans
WHEREAS, the Lansing Board of Water& Light (the "Sponsor") sponsors the Lansing Board of Water
and Light Defined Contribution Plan and Trust 1; Lansing Board of Water and Light Defined
Contribution Plan and Trust 2; and Lansing Board of Water and Light 457 Deferred Compensation
Plan and Trust (the "DC Plans"); and
WHEREAS, the Retirement Plan Committee, established by the Sponsor and delegated certain duties
by the Trustees related to the investment of the DC Plans' assets in November 2018; and
WHEREAS, the Retirement Plan Committee also periodically reviews the DC Plans' Investment Policy
Statements ("IPSs"), and, as the result of its most recent review, recommends revisions to the Plans'
IPSs; and
WHEREAS, the Retirement Plan Committee along with the General Manager recommends the Sponsor
adopt the revisions which reflect these recommendations in the attached Lansing Board of Water and
Light Defined Contribution Plan and Trust 1 Investment Policy Statement; Lansing Board of Water and
Light Defined Contribution Plan and Trust 2 Investment Policy Statement; and Lansing Board of Water
and Light 457 Deferred Compensation Plan and Trust Investment Policy Statement; and
WHEREAS, the Sponsor wants to adopt the revisions reflected in the attached Lansing Board of Water
and Light Defined Contribution Plan and Trust 1 Investment Policy Statement; Lansing Board of Water
and Light Defined Contribution Plan and Trust 2 Investment Policy Statement; and Lansing Board of
Water and Light 457 Deferred Compensation Plan and Trust Investment Policy Statement;
THEREFORE, it is:
RESOLVED, that, after its review, and based on the recommendation from the Retirement Plan
Committee along with the General Manager, the Sponsor adopts and approves the attached Lansing
Board of Water and Light Defined Contribution Plan and Trust 1 Investment Policy Statement; Lansing
Board of Water and Light Defined Contribution Plan and Trust 2 Investment Policy Statement; and
Lansing Board of Water and Light 457 Deferred Compensation Plan and Trust Investment Policy
Statement.
Motion by Commissioner Thomas, Seconded by Commissioner Lenz, to approve the Resolution for the
Investment Policy Statements of the DC Plans.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross, Tracy
Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
RESOLUTION 2021-05-03
Fiscal Year 2022-2027 Budget and Forecast
RESOLVED, that the Annual Operating and Capital Budget covering Fiscal Year 2022 is hereby approved
as presented; and
RESOLVED, that the Operating and Capital Forecast for the Fiscal Years 2023-2027 is hereby accepted as
presented; and
FURTHER RESOLVED, that the Corporate Secretary be directed to make the appropriate filings with the
Lansing City Clerk's office in accordance with the Lansing City Charter regarding the above actions.
--------------------
Staff Comments:
Staff recommends an operating and maintenance budget of$340.2M and a capital budget of$118.8M for
Fiscal Year 2022.
The Operating and Capital Forecast for Fiscal Years 2023-2027 includes potential rate increases in Fiscal
Years 2023-2027.The potential rate increases are for forecast purposes only and have not been approved
through a public rate hearing process. The forecast rate increases are subject to revision and, in any case,
prior to implementation, must be subject to the BWL's formal rate setting process as per Lansing City
Charter, Section 5-205 which refers to the BWL's authority to set just and reasonable rates and defines
the public hearing process.
In accordance with the provisions of the Lansing City Charter, Article 5, Chapter 2, Section 5-203.5 and
Section 5-203.6, staff recommends the Finance Committee approve the budget and forecast for
presentation and adoption by the Board at its May 25, 2021 board meeting.
Motion by Commissioner Lenz, Seconded by Commissioner Graham, to approve the Resolution for the
Fiscal Year 2022-2027 Budget and Forecast and direct the Corporate Secretary to make the appropriate
filings with the Lansing City Clerk's office in accordance with the Lansing City Charter.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross, Tracy
Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
MANAGER'S REMARKS
GM Peffley reported the following:
1. The Delta Energy Plant generated its first megawatt of electricity in the morning of Tuesday, May 25,
2021. Unit one ran for six hours, unit two will run Wednesday, May 26, and unit three will run
Thursday, May 27. The units need to operational to be declared commercial but will only be available
for emergency use during the summer.
2. The CIS Payment System will go live over the Memorial Day weekend. New billing statements will be
sent out, a new portal with a pay now feature, plus a lot of things customer requested will be available.
Commissioner Leek asked if the completion date of Delta Energy Park would be at the end of summer or
in the fall. GM Peff ley replied that October 1, 2021 is the scheduled completion date with 24/7
operation for the three units and an allocation time of one year for debugging.
COMMISSIONERS' REMARKS
There were no Commissioners' remarks.
EXCUSED ABSENCE
Motion by Commissioner Thomas, Seconded by Commissioner Graham, to excuse Commissioner
Goodrich from tonight's meeting.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross, Tracy
Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
PUBLIC COMMENTS
There were no public comments.
ADJOURNMENT
Chair Price adjourned the meeting at 5:54 p.m.
M.Denise Griffin,Corporate Secretary
Preliminary Minutes filed(electronically)with Lansing City Clerk 05-26-21
Approved by the Board of Commissioners: 07-27-21
Official Minutes filed(electronically)with Lansing City Clerk 8-3-21
Approved by the Board of commissioners 05-25-21
Hometown People.Hometown Power:
MINUTES OF THE BOARD OF COMMISSIONERS MEETING
LANSING BOARD OF WATER AND LIGHT
March 23, 2021
Due to public safety concerns resulting from the COVID-19 Pandemic,the Regular Board of Commissioners
meeting for the Lansing Board of Water and Light (BWL) was conducted via WebEx Conferencing in
Lansing, MI on Tuesday, March 23, 2021. This meeting was publicly noticed for 5:30 p.m.
Event Address for Attendees:
https://Ibwlevents.webex.com/Ibwlevents/onstage/g.php?MTID=ee6377d6a2307cb37ed0eb7b417d37375
Event Number for Attendees: 132 087 2728 Event Password: 7y5kGCBve5i
Audio Conference: United States Toll +1-408-418-9388 Access Code: 132 087 2728
Chairperson David Price called the meeting to order at 5:30 p.m.
The Corporate Secretary, M. Denise Griffin, called the roll.
The following Commissioners were present via audio/video:
Chairperson David Price remotely, Lansing, MI
Stuart Goodrich remotely, Holt, MI (arrived @ 5: 50 p.m.) Beth Graham remotely, Lansing, MI
Douglas Jester remotely, East Lansing, MI Deshon Leek remotely, Lansing, MI
David Lenz remotely, Lansing, MI Larry Merrill remotely, Delta Township, MI
Tony Mullen remotely, Lansing, MI Tracy Thomas remotely, Lansing, MI
Ken Ross remotely, Charlotte County, Florida Sandra Zerkle remotely, Lansing, MI
Absent: None
Corporate Secretary Griffin declared a quorum.
Chair Price led the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Commissioner Thomas, Seconded by Commissioner Mullen, to approve the Regular Board
Meeting minutes of January 26, 2021 and the Special Board Meeting minutes of March 16, 2021.
Roll Call Vote:
eshon Leek, David Lenz, Tony Mullen, Ken Ross, Tracy
Yeas: Commissioners David Price, Beth Graham, D
Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
PUBLIC COMMENTS
There were no public comments.
COMMUNICATIONS
There were no communications.
COMMITTEE REPORTS
Commissioner Mullen presented the Human Resources Committee Report:
HUMAN RESOURCES COMMITTEE
Meeting Minutes
February 16, 2021
The Human Resources Committee of the Lansing Board of Water and Light (BWL) met via WebEx (BWL
Headquarters-REO Town Depot located at 1201 S. Washington Ave., Lansing, MI) at 5:30 p.m. on Tuesday,
February 16, 2021.
Event Address for Attendees:
https://Ibwlevents.webex.com/Ibwlevents/onstage/g.php?MTID=eee4960e38d5408d2864c3c44a1306f8f
Event Number for Attendees: 132 164 4144 Event Password: jKyaAjP7g82
Audio Conference: United States Toll +1-408-418-9388 Access Code: 132 164 4144
Human Resources (HR) Committee Chairperson Tony Mullen called the meeting to order at 5:30 p.m. and
asked the Corporate Secretary to call the roll.
The following Commissioners were present via audio/video:
Tony Mullen remotely, Lansing, MI Deshon Leek remotely, Lansing, MI
Tracy Thomas remotely, Lansing, MI Sandra Zerkle remotely, Lansing, MI
Douglas Jester remotely, East Lansing, MI Beth Graham remotely, Lansing, MI
Larry Merrill remotely, Delta Township, MI David Price remotely, Lansing, MI
Ken Ross remotely, Charlotte County, FL David Lenz remotely, Lansing, MI
Stuart Goodrich remotely, Holt, MI (arrived at 6:03pm)
Absent: None
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes
Motion by Commissioner Thomas, Seconded by Commissioner Zerkle, to approve the Human Resources
Committee meeting minutes of November 10, 2020.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek, Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
Mid-Year Personnel Evaluation—Charter Appointed Employees
HR Committee Chair Mullen opened the floor for the charter appointed employees' mid-year personnel
evaluations. Chair Mullen suggested conducting a mid-year discussion every year and requested that it
be discussed at the February 25, 2021 Executive Committee meeting.
Corporate Secretary
Corporate Secretary M. Denise Griffin requested a closed session via MS Teams for the purpose of
receiving her contractual mid-year personnel evaluation as permitted by the Open Meetings Act
exemption MCL 15.268(a).
Motion by Commissioner Thomas, Seconded by Commissioner Zerkle, to enter into closed session via MS
Teams to discuss the contractual mid-year personnel evaluation of Corporate Secretary M. Denise Griffin.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek, Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried
The Human Resources Committee went into a MS Teams closed session at 5:35 p.m.
Motion by Commissioner Zerkle, Seconded by Commissioner Leek, to reconvene into open session via
WebEx.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek,Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
The Human Resources Committee reconvened to WebEx open session at 5:59 p.m.
Motion by Commissioner Leek, Seconded by Commissioner Zerkle to adjust the salary of the Corporate
Secretary to align her salary to an equitable and appropriate pay rate at the Director II level.
Commissioner Mullen noted there were two recommendations upon approval of the salary adjustment:
the first recommendation was that the adjustment be given in two parts -the first half of the adjustment
be given right away and the second half in June 2021; the second recommendation was that the full salary
adjustment be given right away. Commissioner Zerkle recommended that the Chair of the Board, the
Chair of the HR Committee and the Corporate Secretary participate in a discussion and bring back a
proposal. Commissioner Price commented that the dollar amount had already been suggested.
Commissioner Mullen asked the Corporate Secretary if she required further discussion and the Corporate
Secretary replied in agreement with Commissioner Price that the proposal was acceptable.
Commissioner Price requested an amendment to the motion to state the salary adjustment amount
and Chair Mullen requested that the amendment include that the adjustment be given in two parts,
before the next board meeting and in June 2021.
Motion by Commissioner Leek, Seconded by Commissioner Zerkle to adjust the salary of the Corporate
Secretary to align her salary to an equitable and appropriate pay rate of the Director II level top salary,
with an increase in salary to be given in two parts, the first increase to be given before the next Board
meeting and second part of the increase to be given in June 2021
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek,Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
General Manager
General Manager Richard Peffley requested a MS Teams closed session for the purpose of receiving his
contractual mid-year personnel evaluation as permitted by the Open Meetings Act exemption MCL
15.268(a).
Motion by Commissioner Leek, Seconded by Commissioner Zerkle, to enter into a MS Teams closed
session to discuss the contractual mid-year personnel evaluation of General Manager, Richard Peffley.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek,Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
The Human Resources Committee went into a MS Teams closed session at 6:08 p.m.
Motion by Commissioner Leek, Seconded by Commissioner Mullen, to reconvene into WebEx open
session.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek,Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
The Human Resources Committee reconvened to WebEx open session at 6:15 p.m.
Chair Mullen stated that it was brought to his attention that GM Peffley was not receiving the full
employer contribution to his 401k retirement plan for the last couple of years. The recent voluntary
correction program issued for the retirement plans corrected GM Peffley's 401k retirement plan. To avoid
further shortfalls GM Peffley will be added to the small 401a plan for appointed employees.
Commissioner Leek asked how the error was discovered. GM Peffley replied that the deductions and
contributions allowed in the 401k plan which has a cap, along with salary increases,was reducing his total
compensation. The whole percentage amount of his salary that he selected was not being placed in the
401k plan due to the cap. The contributions can be placed in the small 401a plan which doesn't have the
same limits.
Motion by Chair Mullen for the HR Committee make a change to GM Peffley's employment contract to
add him to the small 401a plan. Chair Mullen Removed his motion from the floor and will request from
BWL General Counsel Mark Matus a memorandum explaining the 401k and 401a plan or to present at the
next meeting. Mr. Matus will also send information to the Board prior to the next HR meeting.
Commissioner Thomas inquired whether the shortfall had been corrected for the years 2018-2021. Chair
Mullen replied that the years 2018-2020 have been corrected, but for 2021 the request is to add GM
Peffley to the 401a plan.
Commissioner Zerkle commented that the Board members are the pension overseers. Chair Mullen
replied that the Board delegated authority to the General Manager who delegated authority to the
Retirement Plan Committee for all the retirement plans except the small 401a.
Commissioner Lenz asked if this was discovered during the issues related to the VEBA funding from a
couple months ago. Chair Mullen replied that GM Peffley has been aware of the issue and just brought it
forward. Commissioner Price added for further explanation that there is a structural problem with the
401k with a cap that limits the amount of contribution, and the dollar amount of the percentage of salary
that GM Peffley is deducting to contribute exceeds the cap on the 401k.
Commissioner Lenz asked whether the 401k plan contribution n percentage
since theee s atcap s Chair more added
retroactively than what the plan allows for, and
replied he would request that information from Mr. Matus as well.
Internal Auditor
ams closed session for the purpose of receiving his
Internal Auditor, Wesley Lewis, requested a MS Te
contractual mid-year personnel evaluation as permitted by the Open Meetings Act exemption MCL
15.268(a).
ed by Commissioner Leek, to enter into a MS Teams closed
Motion by Commissioner Zerkle, Second
session to discuss the contractual mid-year personnel evaluation of Internal Auditor, Wesley Lewis.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek,Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
The Human Resources Committee went into MS Teams closed session at 6:38 p.m.
Motion by Commissioner Zerkle, Seconded by Commissioner Thomas, to reconvene into WebEx open
session.
Roll Call Vote:
hon Leek,Tracy Thomas, and Sandra Zerkle.
Yeas: Commissioners Tony Mullen, Des
Nays: None.
Action: Motion Carried.
The Human Resources Committee reconvened to WebEx open session at 7:53 p.m.
Chair Mullen stated that Internal Auditor Wesley Lewis requested to return to open session. Chair Mullen
offered three suggestions in consideration of Mr. Lewis' future employment.
Commissioner Zerkle requested, that before a decision is made, the Executive Committee put the
wis and
procedural items together that egned concepncoveontheetween r.relat'onshipe between Board.
the Internal Auditor and
Commissioner Thomas expressed
Management.
xecutive
mmittee
Motion by Commissioner Zerkle, Seconded by ooethelr as a process for the three ssiner Leek, to refer to eemployees no order to
the matter of putting procedural information g
help the Board and employees when situations arise.
Roll Call Vote:
Yeas: Commissioners Deshon Leek, Sandra Zerkle.
Nays: Commissioners Tony Mullen,Tracy Thomas
Action: Motion Fails.
rding possible steps that could be taken on how to deal with the
There was continued discussion rega
at there be a HR committee meeting on February 23, 2021 to discuss
current situation. It was suggested th
the continued employment of the current Internal Auditor. (The proposed meeting was not officially
noticed, and never occurred.)
Commissioner Lenz commented that there is a different understanding of what the Internal Auditor,
Commissioners and Management think the audit charter says, and that is creating insecurities and non-
cooperation by all involved. After further discussion, it was suggested that any recommendations on how
to proceed with this matter be emailed to HR Chair Mullen before the next committee meeting.
Other
None.
Adjourn
Chair Mullen adjourned the meeting at 8:20 p.m.
Respectfully Submitted,
Tony Mullen, Chair
Human Resources Committee
Chairperson Price presented the Executive Committee Report:
EXECUTIVE COMMITTEE
Meeting Minutes
February 25, 2021
Due to public safety concerns resulting from the COVID-19 Pandemic, the Executive Committee meeting
for the Lansing Board of Water and Light (BWL) was conducted via WebEx Conferencing in Lansing, MI on
Thursday, February 25, 2021.
Event Address for Attendees:
https://lbwlevents.webex.com/Ibwlevents/onstage/g.php?MTID=e4f99152a7a98ddbf28e4417f8f25e2ac
Event Number for Attendees: 132 560 7332Event password: dHvnSTK4Z54
Audio conference: United States Toll +1-408-418-9388 Access code: 132 560 7332
Executive Committee Chair David Price called the February 25, 2021 Executive Committee meeting to
order at 5:30 p.m.
Corporate Secretary Griffin took the roll call to acknowledge attendance.
The following Commissioners were present via audio/video:
David Price remotely, Lansing, MI Tracy Thomas remotely, Lansing, MI
(Board Chairperson) (Vice Chairperson)
Sandra Zerkle remotely, Lansing, MI Anthony Mullen remotely, Lansing, MI
(Past Chairperson) (Member)
Beth Graham remotely, Lansing, MI Deshon Leek remotely, Lansing, MI
David Lenz remotely, Lansing, MI (arrived @ 6:27 p.m.) I Ken Ross remotely, Charlotte County, FL
Stuart Goodrich remotely, Holt, MI (arrived @5:42 p.m.) Larry Merrill remotely, Delta Township, MI
Absent: None.
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes
Motion by Commissioner Zerkle, Seconded by Commissioner Thomas, to approve the Executive
Committee meeting minutes of December 17, 2020.
Roll Call Vote:
Yeas: Commissioners David Price, Anthony Mullen, Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
Personnel Issue
Chair Price stated that an attorney-client privileged memorandum has been provided to the Executive
Committee and it is appropriate to go into Closed Session for the purpose of reviewing the contents of the
attorney-client privileged memorandum as permitted by the Open Meetings Act, specifically MCL
15.268(h) and MCL 15.243(g).
Motion by Commissioner Thomas, Seconded by Commissioner Zerkle, to go into Closed Session for the
purpose of reviewing the contents of the attorney-client privileged memorandum as permitted by the
Open Meetings Act, specifically MCL 15.268(h) and MCL 15.243(g).
Roll Call Vote:
Yeas: Commissioners David Price, Anthony Mullen, Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
The following individuals were invited into the closed session: Executive Committee and other
Commissioners, BWL General Counsel Mark Matus, BWL Corporate Secretary M. Denise Griffin, and Miller
Canfield Chief Diversity Officer, Michelle Crockett.
The Special Committee of the Whole Meeting went into closed session at 5:34 p.m.
Motion by Commissioner Mullen, Seconded by Commissioner Thomas to return to open session.
Roll Call Vote:
Yeas: Commissioners David Price, Anthony Mullen, Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
The Special Committee of the Whole Meeting reconvened to open session at 6:29 p.m.
Board Self-Evaluation Review
Chair Price reported that the Board is doing well in most categories and briefly reviewed the results.
The Executive Committee would like to continue the discussion on Governance policy, how committees
are structured, how committees are attended, and how training will be structured.
Other
There was no other business.
Excused Absence
None.
Adiourn
Chairperson Price adjourned the meeting adjourned at 6:35 p.m.
Respectfully submitted,
David Price, Chair
Executive Committee
Commissioner Tracy Thomas presented the Committee of the Whole Report:
COMMITTEE OF THE WHOLE
Meeting Minutes
March 9, 2021
Due to public safety concerns resulting from the COVID-19 Pandemic,the Committee of the Whole (COW)
meeting for the Lansing Board of Water and Light (BWL) was conducted via WebEx Conferencing in
Lansing, MI, on Tuesday, March 9, 2021.
Event Address for Attendees:
https://lbwlevents.webex.com/Ibwlevents/onstage/g.php?MTID=eb4523814816b78ld6e68fc662d442021
Event Number for Attendees: 132 820 5250 Event password: ugPEpxWT833
Audio conference: United States Toll +1-408-418-9388 Access code: 132 820 5250
Committee of the Whole Chair Tracy Thomas called the meeting to order at 5:30 p.m. and asked the
Corporate Secretary to call the roll.
The following Commissioners were present via audio/video:
(COW Chairperson)Tracy Thomas remotely, Lansing, MI Stuart Goodrich remotely, Delhi Township, MI
Douglas Jester remotely, East Lansing, MI (@5:54 P.M.) Deshon Leek remotely, Lansing, MI
David Lenz remotely, Lansing, MI Larry Merrill remotely, Delta Township, MI
Tony Mullen remotely, Lansing, MI David Price remotely, Lansing, MI
Ken Ross remotely Charlotte County, Florida Sandra Zerkle remotely, Lansing, MI
Absent: Commissioner Beth Graham
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes
Motion by Commissioner Price, Seconded by Commissioner Zerkle, to approve the Committee of the
Whole meeting minutes of January 12, 2021.
A roll call vote was taken:
Yeas: Commissioners Thomas, Leek, Lenz, Mullen, Price, Ross, Zerkle
Nays: None
Action: Motion Carried.
Diversity, Equity & Inclusion (DEI) Program Update
General Manager Peffley introduced Executive Assistant Ms. Smiljana Williams who introduced the
Diversity, Equity & Inclusion (DEI)Committee: Ms. Marie Mireles, BWL Associate Attorney; Mr. Malcomb
Hardy, BWL Utility Designer; Mr.Jeff Schwarz, Purchasing & Warehouse Department Supervisor; Mr. Alex
Newman, Project Engineering Department Project Manager; and DEI Executive Sponsor, MS. Brandie
Ekren, Strategic Planning & Development Executive Director. Ms. Williams provided information on the
purpose and commitment of the DEI program to be an inclusive environment where all employees are
respected and valued; where there are equal opportunities to develop, advance and be heard; where
there is equitable treatment and elimination of discrimination in all forms and at all organizational levels;
where the fundamental value and dignity of all people is acknowledged; and where an environment is
created and maintained that respects diverse traditions, heritages,and experiences. Ms. Mireles provided
information on the strategic plan initiative which included strategy and education, marketing and
communication, plus measuring success and accountability. The strategy and education focus is on
developing tactics that accomplish goals of the strategic plan and developing foundational and
educational tactics. Mr. Malcomb Hardy provided information on marketing and communication which
included awareness and cultural sensitivity, celebrating diversity and inclusion, and encouraging dialogue,
and how these goals are accomplished. Mr.Jeff Schwarz provided information on measuring success and
accountability which included developing a baseline assessment for initiative maturity, benchmarking and
goal setting, defining and measuring success based on surveys and points of contacts, ensuring alignment
with the corporate strategic plan and balanced scorecard, and providing feedback and insight to support
a diverse, equitable and inclusive environment. Mr.Alex Newman provided information on the Employee
Resource Groups (ERGS) which champion efforts for governing instruments; support workforce
engagement, inclusion and diversity by working to improve corporate culture, to enhance employee
retention, and to foster employee connectivity; and give valuable insight to internal focus groups.
Ms. Brandie Ekren provided an update for the path ahead for the DEI Initiative.
W
Initiative's Purpose and Commitment
Puryose
5upporl the BWL's m antl valuer by promoting shared,aulhenllc ralun of Ineluslon,
coolly,respect xnd undenlanding of lMse he rmrF Mlh lhrouglwul our oryaCiiallCn antl
oily.TMrel Crc,al the B W L ve MV Yeas all people MIA dignity and Irlrness first.We
Mue„we averse opmlon:ana..orlair,.:and,.e.nn meet ppoyN Mkre lney are on melt
ameralov ane mcwalpn lw,rnev.
fit-1-environment..lore all ernyWy.•es are rape dantl valued;
c ECwI opparWnily so devcl,tl,advaMc antl be heard.
ECuiUble treatment antl ellminallon of discriminalian m all lU forms,al all organisational
IeveL•.
AcknoMedge and honor the furMamenlal value ar:d dlgnlly of all faetiplu,IrlcludWg our
Amer antl ttlese MIh vrtlom vm do business.
Crcaling and maintaining an enrironmenl lhaa respecU diverse lradl,o heritages and
caperieriras.
i..
Commissioner Price suggested that Corporate Counsel begin the process to provide training in Diversity,
Equity and Inclusion for the BWL Board.
Commissioner Zerkle asked if there was numerical data that could be provided from the DEI report. Ms.
Ekren responded that the DEI Committee is in the process of developing the report and is working with
HR Executive Director Ms. Lynette Keller. Commissioner Zerkle also asked if the ways that outreach was
conducted would be included in the report. Ms. Ekren responded that community outreach is a
measurable goal that will be included in the report. GM Peffley added that outreach is tracked and
developed, and a hiring practice report was furnished to the DEI committee.
Corporate Sustainability& Climate Response— Resolution
Executive Director of Strategic Planning, Ms. Brandie Ekren, introduced Ms. Lori Myott, Manager of
Compliance and Environmental Services; Ms. Natalie Mooney, Environmental Stewardship Administrator;
and Mr. George Stojic, former Executive Director of Strategic Planning and Development. Ms. Ekren
reviewed the Corporate Sustainability & Climate Response presentation as it relates to short- and long-
term planning. Such short- and long-term planning is supported by 3 key pillars: economic growth,
environmental stewardship and social development.
SUSTAINABILITY=CORPORATE SUSTAINABILITY Corporate Sustainability
Corporate.Sustai nabihty focuses on long-term value to both internal and external
stakeholders whilr.making shart-term decisions._
Ecanomlc Growth '•,p
EYe nn new S sooa �t
EY,:on buts st Prac[•tesrm
e�Ipnuon of enho f/n atrnd , nw
Eye un est,`bl.shae pantic,th.'t ss
b sincssa twniet nc ideas and tires that
I Jnvr Practices that Pou •'ew—mental
Nat tYPiuY s• dove futum Ialt—f
shot tt•nn p,.Wbleand ruundafion for the 5°clal .r� Stewardship
ol:ler l�vrs wch as ustalnable med—,,d.ng De IOPment •�-
.sat— g,uwth. term lcor
.Pcratlpnal business N the
nxessnin+. ruarel.
M Y p s. M ott spoke about the next major steps for climate response and carbon an�u�neutrality:
c f tiim year
ng and
publishing an annual report; tracking and sharing progress with the employees p
to year to create a culture in which decisions are evaluated based
on a Irty balas ance
of fiten i conmental,
rs
economic and social factors; and moving towards great u
community and employees without compromising safety, affordability or reliability.
the
Ms. Ekren stated that the desired outcomes before Dainabbtr 2021 are to report for July 2022epublicatiooraby
Sustainability program, by developing an annual su Y
b formalizing the Climate Response Strategy which
executing the Strategic Plan with progress tracking developing a reliminary Carbon Neutrality Plan that
addresses desired program outcomes and tactics;by provide an update in Fall of 2021. Ms. Ekren
is intended to be enhanced as time progresses; and to pty
requested replacement of the current 2013 environmental stewardship
w iThe proposed reisiolutionlfo malizes
ution with
a Corporate Sustainability resolution that includes a climate
BWL's commitment for carbon neutrality and includes BWL's orateSustainability;mission, vat es; how
of a BWL
sting
measures, monitors and determines success; emphasis on popportunities for enhancement
environmental stewardship and sire to beility the policy
til utility of the futureidentification of
given climate change and the
Commissioner Zerkle asked whether this resolution refers � s. Ms. Ekren responded that this o ric ate
eternges when new meters have e is
and creating space for electric vehicles and elect
included in the climate response section.
Motion by Commissioner Price, Seconded by Commissione��for conseek,to ideratone Resolution for the 2021
Corporate Sustainability & Climate Response to the full Boa
Commissioner Ross offered amendments that he feels would work towards having a portfolio with
complete renewability.
First amendment, where it states in the resolution thatT�heBVW�wilpro°de carbononeutralrAND
Commissioner Ross requested to amend the language to FURTHER
EVENTUALLY TOTALLY RENEWABLE, products" and to add prior to the last paragraph,ortf"FUolio when
RESOLVED, the BWL sets a long term goal of achieving a totally renewable energy p
economically and technologically feasible.
THER
Second amendment, to replace the addition prior to the last paragraph
TERM GOAL OF ACHIEVING RESOLVED,
ACHIEVING ATOTALLY
ACHIEVING CARBON NEUTRALITY, THE BWL SETS A LONG-
RENEWABLE ENERGY PORTFOLIO WHEN ECONOMICALLY AND TECHONOLOGICALLY FEASIBLE, IN A SAFE,
RELIABLE AND AFFORDABLE MANNER."
Commissioner Jester spoke to recommend the adoption of the amendment and noted the difference
between achieving carbon neutrality and achieving a totally renewable energy portfolio. Commissioner
Jester stated that carbon neutrality is a balance of offsets with carbon emissions to achieve net zero
carbon emissions, and a totally renewable energy portfolio consists of only renewable energy resources.
Commissioner Mullen spoke to wait on the second amendment as complete renewable energy is not
feasible for some people. Commissioner Thomas added that the aspiration is for economical utilities.
Commissioner Price asked if the long-term goal was to have net zero carbon emissions or a totally
renewable energy portfolio. GM Peffley discussed whether complete renewable energy was feasible for
every customer.
Commissioner Lenz added that when moving toward renewables with current technology, energy needs
to be converted from outside of the Lansing area as Lansing doesn't have enough wind generation ability.
He asked if this changed BWL's business model and does it turn BWL into more of a power distributor
rather than a power generator. GM Peffley replied that energy in the form of Returned Energy Credits
(REC's) are purchased from outside sources currently and that BWL will remain a power generator. GM
Peffley added that there will always be a backup power source when BWL has enough of a renewable
energy portfolio. Ms. Ekren added that the business model will be impacted which is part of the reason
for the corporate sustainability plan.
Mr. George Stojic stated that the goal to fight climate change includes cost effectiveness, reducing carbon
emissions to net zero, and to use every tool to achieve the goal.
Commissioner Price stated that he would vote no to the amendments for complete carbon neutrality as
that isn't the end goal. He stated that the end goal is zero carbon emissions and not achieving 100%
renewable energy.
Commissioner Jester responded in agreement to Commissioner Lenz' comment on a need for local
renewable energy sources to add more reliability to BWL customers. Commissioner Jester stated that
there is a need for energy storage for generation and distribution as a power source as other power
sources such as natural gas has not been totally reliable. GM Peffley agreed with Commissioner Jester that
relying 100% on renewable energy/natural gas is not the end goal.
Commissioner Price asked for a move on the motion for the Amendments. There was no support for the
amendments and the motion died.
A roll call vote was taken on the Resolution as originally presented:
Yeas: Commissioners Thomas, Leek, Lenz, Mullen, Price, Ross, Zerkle
Nays: None
Action: Motion Carried.
Other
Motion by Commissioner Price, Seconded by Commissioner Ross for an excused absence for
Commissioner Graham.
A roll call vote was taken on the original motion:
Yeas: Commissioners Thomas, Leek, Lenz, Mullen, Price, Ross, Zerkle
Nays: None
Action: Motion Carried.
Adjourn
Commissioner Thomas adjourned the meeting at 7:25 p.m.
Respectfully Submitted
Tracy Thomas, Chairperson
Committee of the Whole
Commissioner David Lenz presented the Finance Committee Report:
FINANCE COMMITTEE
Meeting Minutes
March 9, 2021
Due to public safety concerns resulting from the COVID-19 Pandemic,the Finance Committee meeting for
the Lansing Board of Water and Light (BWL) was conducted via WebEx Conferencing in Lansing, MI on
Tuesday, March 9, 2021.
Event Address for Attendees:
https://Ibwlevents.webex.com/Ibwlevents/onstage/g.php?MTID=eb4523814816b78ld6e68fc662d442021
Event Number for Attendees: 132 820 5250 Event password: ugPEpxWT833
Audio conference: United States Toll +1-408-418-9388 Access code: 132 820 5250
Finance Committee Chair David Lenz, called the March 9, 2021, 6:00 p.m. Finance Committee meeting to
order at 7:32 p.m.
Corporate Secretary Griffin took the roll call to acknowledge attendance.
The following Commissioners were present via audio/video:
David Lenz remotely, Lansing, MI (Member) Ken Ross remotely, Port Charlotte, FL (Member)
David Price remotely, Lansing, MI (Member) Sandra Zerkle remotely, Lansing, MI (Alternate)
Stuart Goodrich remotely, Holt, MI Douglas Jester remotely, East Lansing, MI
Deshon Leek remotely, Lansing, MI Larry Merrill remotely, Delta Township, MI
Tracy Thomas remotely, Lansing, MI
Absent: Commissioner Beth Graham
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes
Motion by Commissioner Price, Seconded by Commissioner Ross, to approve the Finance Committee
meeting minutes of January 12, 2021.
Motion Carried by the following Roll Call Vote:
Yeas: Commissioners Lenz, Price, Ross
Nays: None
Action: Motion Carried.
Tabled Items from July 21, 2020:
1) Current Internal Audit Charter, 2) Proposed Internal Audit Charter, 3) Resolution
Motion by Chair Lenz, Seconded by Commissioner Price, to remove the tabled items from the table and
dissolve the items.
Roll Call Vote:
Yeas: Commissioners Lenz, Price, Ross
Nays: None
Action: Motion Carried.
January YTD Financial Summary
CFO Heather Shawa gave a review of the January 2021 YTD Financial Summary.
Financial summary-January 2°1 >.T_.,..^ ..^•..__
Alnandal5ummary January 2021 ..-_•• •M L
C.t.lt 1 t tt til I t 11 1'1 U
.............
d as bond
Chief Financial Officer Heather Shawa reported that Total Cash increased as emonth at 229 cFY TD
were received for 2020-2021 A and B Series issuance. Days Cash on Hand ended the
net income was $29.4M, compared to a budget of $3.8Ma0 & due to depreciation from D spendpartment udget elta isEnedrgr
budget; $12M of it is due to COVID-19 impact; $6M in vance is
Park being brought on line later.
generated from selling
Chair Lenz commented that GM Peff ley mentioned that im act was was a lon income.ot of eCFO Shawa r plied that
power to other parts of the country and asked what the p
$2.7 M was the impact in February 2021
YTD Capital Budget, excluding Delta Energy Park(DEP),was in line with budget. Delta Energy Park, due to
COVID19 and some timing from a large construction manager invoicing, was a little under spend but is
expected to increase.
tal
YTD RoA is 4.13%, and the target was 4.14%. Two ss the five d the Bad Debt Ratio ishigh largely becaios are within benchmarks. Debt to use
Assets was a little high, as expected, due to bond issuance and
the allowance was increased at the end of the year. Days Sales Outstanding is underperforming by two
days.
Chair Lenz asked CFO Shawa to provide the normal value of the total Bad Debt amount prior to COVID-
19. CFO Shawa responded that the normal 12-month value is $1.2M to $1.5M and during COVID-19 it
has doubled, but that was projected to happen
Employee count YTD is 692 and the budgeted YTD is 732. In Payroll Data the Labor$/Hours Worked metric
has remained in line with year prior. Overall YTD benefits costs are underbudget, due to BWL experiencing
lower than expected medical claims.
GM Peffley commented that the delay in the Delta Energy Park, that CFO Shawa mentioned, has been re-
planned to have Delta Energy Park start on its original schedule. Just the equipment that is needed to run
the units with a simple cycle is being worked on. The units will run for a day to be entered into the capacity
market. The rest of the plant, such as efficiencies, will be worked on after that.
Commissioner Zerkle commented on the payment plan for customers during COVID-19 and would like to
see it kept in place for at least the rest of the year. GM Peffley replied that BWL would work with its
customers through the rest of the pandemic.
Commissioner Ross commended GM Peffley and CFO Shawa on the financial strategy associated with
getting the Delta Energy Park units up and running and saving the rate payers money. Commissioner Ross
asked for what length of time customers will have the benefit of the capacity of the coal plants. GM
Peffley replied that one of the Eckert units has been extended to May. The capacity from the DEP simple
cycle units will offset the loss of the Eckert units. It will take approximately one year for the new plant to
run completely efficiently with trained employees. Erickson station is expected to be shut down by 2023.
Commissioner Jester commented that he would like to discuss the capacity market with GM Peffley.
Commissioner Jester noted that for low income customers there is a movement in other states for investor
owned utilities to adopt a percentage of income payment plan that caps the customer's bill according to
their income. He suggested that this be discussed during the next rate making cycle. Commissioner Jester
added that he sent the Commissioners information from Ms.Jan Beecher regarding water rates,that could
be applied to electricity rates for low income customers.
Commissioner Leek asked how much it will cost to decommission the old coal plant and what will be the
savings once it has been decommissioned. GM Peffley replied that since the Eckert station is still a
transmission distribution station and three more substations have to be built before the property can be
left, it will be about seven years before it is decommissioned. Executive Director of Operations Mr. Dave
Bolan stated that the cost of taking the station to a dry state and putting safety measures in place will be
about $1.2M and the savings will be about $1.5 million.
Commissioner Thomas commented in response to Commissioner Zerkle that with the COVID-19 relief plan
families will be receiving money that can be used to pay at least part of their utility bills.
Commissioner Lenz commented in response to Commissioner Jester and asked howthe process to provide
alternative rates to low income people would occur. CFO Shawa replied that increased rates are
forecasted and included in the budget. A separate rate hearing process is held with public comments and
with rates needing to be approved by the Board of Commissioners. GM Peffley replied that, in
collaboration with the city, BWL is working on housing initiatives to help with utility bills.
Commissioner Ross responded to Commissioner Jester's comments regarding the low-income rate making
process. The low-income rate making process would need to be a deliberative process and suggested
considering whether Ms. Jan Beecher would be available to donate time to talk about the rate making
process to the Commissioners. The rate making process is a systematic, regimented process where facts
and figures are developed with public comment and management.
Commissioner Lenz commented that whether there will be continually increased unpaid utility bills
depending on how COVID-19 plays out will have to be looked at seriously. CFO Shawa replied that when
management provides a rate recommendation, an RFP is made for a consultant to review for a cost of
service analysis.
Investment Policy Statement (IPS)for DC Plans
CFO Shawa reported that all the pension plans have investment policy statements (IPS) and it is a fiduciary
process to review all IPS. The review is conducted annually by the Retirement Plan Committee with the
plan investment advisor. CFO Shawa introduced Ms. Dori Drayton, Senior Vice President at CapTrust, as
the financial advisor for the DC, 401, and 457 Plans. With the CapTrust review of the policies, some
opportunities for improvement of the statements were identified and the revisions will be brought to the
Finance Committee in May 2021.
External Auditor RFP Bid Award and Resolution
Chair Lenz presented a substitute resolution for the External Auditor RFP Bid Award Resolution. The
substitute resolution includes the name of who was granted the bid.
Motion by Commissioner Lenz, Seconded by Commissioner Price, to accept the substitute External
Auditor RFP Bid Award Resolution.
Roll Call Vote:
Yeas: Commissioners Lenz, Price, Ross
Nays: None
Action: Motion Carried.
CFO Shawa reported that the RFP was submitted and would like to recommend Baker Tilly as the Internal
Auditor for the next five years from June 1,2021 to June 30, 2025. Key evaluation areas were the approach
to audit quality,the plan based on organization industry efficiency and peer reviews,team knowledge and
experience, qualifications specific to BWL industry, value added services, and also, scope and pricing.
Internal audit also participated in the evaluation process team. CFO Shawa added that, per the charter,
the City Council of Lansing will need to approve the recommendation of the external auditor.
Motion by Commissioner Lenz, Seconded by Commissioner Price, to forward the substitute External
Auditor RFP Bid Award Resolution to the full board for approval.
Roll Call Vote:
Yeas: Commissioners Lenz, Price, Ross
Nays: None
Action: Motion Carried.
Internal Audit Status Report
Internal Auditor, Mr. Wesley Lewis, presented the Internal Auditor Status Report.
Audit Progress Report
Audit Enaaaements and Activities In Audit Plan Curre ntly Underw av and/or
Scheduled to Stert
t. Purchase Cartl Usa antl Control-Audi(Srarus: Roponlhg Stage
2. Unbllled Acce unis Receivable-qudlr Sra rus: Reipon/ng Sre Oe
3. MPPA antl MI50 011llnns-This ait In progress. The locus Is on audit testing of a selected sample
entlor tnvoce transactions. Es rim erudredIs Tlme oI Gomp/ellon: Mamh 1011
A. 5-Unfortunately,aver trying to negotiate.contract lelnl5 wllM1
800.w ached an Imp as Intl Ilad ton n Irom Ihem lao TM1us,w e In conlact with another IT
Audit Con ullanl th al submitted an mlbal bid- Now Esr/marod Stan TIMM: TBD Ncw Esrlmared T/me or
comp/ef/on: TOO
6. Coro,rate GovL-Strategic Plan an❑ Moll Ativeeate System(Includes Hotline)-(),date:a)
Straledlc Plan fGue to the r mping of the c enl process into a which has resulted from the
January 2021 approval of then w plan by the Board.and through t ring dlscusslons wl lh the pro—
owner.IA determined that It would make sense to postpone me audit engagement to a future fiscal period.
O)Elhlcal Advocate-The tame situation applies to this audit engagement. The new process went live In
September 2020 and replaced the General Atanag e is Holline.
6. Other Audit Activhles-Ongoing
Note EsIhr.(ad 91 and C.+np--,Tl.nos or Al/Engayemenls Us—A--Ara Suhject to Change.
Finance Committee Meetinq 3
319/202I
Chair Lenz asked how long it is expected for the cybersecurity process and IT vulnerabilities audit to
take. Mr. Lewis responded that is expected to take approximately six weeks depending on how much
information can be provided to the audit team.
Preliminary FY 2022 Budget
Proposed FY 2022 Internal Audit Budget
IF 2022 FY 2021
proposed Approved Fr22+FY21 FY22 FY21
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Finance Committee Meeting PFaIIn)inary
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Commissioner Thomas asked what the consultant fees were prior to 2019. Mr. Lewis responded that
$60,000 was proposed in 2019 and that he increased the amount to$75,000 due to the new cybersecurity
process audit. Commissioner Thomas asked if Mr. Lewis had additional staff to help with the audits. Mr.
Lewis replied that external consultants will be contracted. Commissioner Thomas also asked if Mr. Lewis
had the same number of staff as the previous Internal Auditor and more consultants. Mr. Lewis replied
he had the same number of staff as the previous Internal Auditor and consultants that are available for
additional auditing.
Commissioner Lenz stated that the resolution for the budget isn't needed and doesn't need to be
approved.
Commissioner Ross commented that a consultants' pool and resources have been available to the Internal
Auditor for the past years. The consultants are available to expand the Internal Auditor's capacity.
ast
Commissioner Price commented that a Principal Auditor was iced or full
time
unhe the l part Internal the
Auditor. GM Peffley commented that the previous Principal
Auditsuccession plan for the previous Internal Auditor.
Other rove the absence of
Motion by Commissioner Price, Seconded by Commissioner Ross, to approve
Commissioner Beth Graham.
Roll Call Vote:
Yeas: Commissioners Lenz, Price, Ross
Nays: None
Action: Motion Carried.
Adjourn
Chair David Lenz adjourned the meeting at 8:45 p.m.
Respectfully submitted
David Lenz, Chair Finance Committee
Commissioner Mullen presented the Human Resources Committee Report:
HUMAN RESOURCES COMMITTEE
Meeting Minutes
March 16, 2021
The Human Resources Committee of the Lansing Board of Water a d Light
(BWL)MI) at 5 3 t via We p.monbEx (B L
Headquarters-REO Town Depot located at 1201 S.Washington
February 16, 2021.
Event Address for Attendees:
https://Ibwlevents.webex.com/Ibwlevents/onstage/g.php?MTID=ed6ca7a6cOcfaf6f7323609f75a027689
Event Number for Attendees: 132 601 2112Event Password: C3m2MMyB4js
Audio Conference: United States Toll +1-408-418-9388 Access Code: 132 6012112
Human Resources (HR)
Committee Chairperson Tony Mullen called the meeting to order at 5:30 p.m. and
asked the Corporate Secretary to call the roll.
The following Commissioners were present via audio/video:
Tony Mullen remotely, Lansing, MI Deshon Leek remotely, Lansing, MI
Tracy Thomas remotely, Lansing, MI Sandra Zerkle remotely, Lansing, MI
rived @6:26 Stuart Goodrich remotely, Delhi Township, MI Beth Graham remotely,
Lansing,
aLansing,in , (I ( ved @6:28p )m)
David Lenz remo y,
Douglas Jester remotely, East Lansing, MI David Price remotely, Lansing, MI
Larry Merrill remotely, Delta Township, MI
Ken Ross remotely, Port Charlotte, FL
Absent: None
The Corporate Secretary declared a quorum.
Public Comments
Ms. Rosemary Sullivan, Lansing, BWL retiree spoke regarding transition from IRMC to Nationwide—asking
es
for more time to review options—has not received enoughreformed decision nse to prone de benefit informatrequestinlg ean
- two or three weeks is not enough time to make a
additional 30 days to make an informed decision on retirement benefits
ionwide and if an
GM Peffley responded that funds will automatically roll over from
have days to select apother
loyee
or retiree does not like the Nationwide investments they ave another
investment provider.
Commissioner Price commented that in the letter from Ms. Sullivan it was understood that retirees had
until April 15, 2021 to make a decision to remain with Nationwide.
eived the letter.
Commissioner Thomas asked if there was a test drive to Bent o t,nthere will be continued hw many retirees ccorrespondence
GM Peffley responded that postal mail and email were
sent out, and that a poll was conducted to determine to what extent notification was received.
Approval of Minutes the Human Resources
Motion by Commissioner Thomas, Seconded by Commissioner Leek, to approve
Committee meeting minutes of February 16, 2021.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek,Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
Retirement Plan Committee (RPC) Plan Governance Presentation
Chair Mullen stated that at the last Human Resources C eme ittee irement fund andMeeng ussion mt introducedred BWL General
the General Manager's deferred compensation into th
Counsel, Mr. Mark Matus,to speak about the Retirement Plan Committee Plan Governance.
2 is for the
ee
Mr. Matus stated that all employees are part of DC Plan 1 and f the tat the DC DC Plan 2. GM Peffley'srcont ibutio pointed
employees. Currently only the Corporate Secretary is part o
ue to an
to DC Plan 1 exceeded the cap on the plan causinghis investment.
BWL'seemployebcontributon to
administrative error during 2018 and 2019 there was a shortfall n
General Manager's Plan 1 account, but it has since been corrected. Placing
the
in the DCneral ana aen 12 will
n the
DC Plan 2 is an option for the Board's future considers
accommodate his investment choices so that he won't incur a loss in his investment.
Commissioner Thomas asked what was the total amountneeded
the errwa s$2,r775 for both years the lCMA plan rof
including interest. Mr. Matus responded that the total amount of ro
2018 and 2019 but he didn't have the interest amount.
Mr.
Commissioner Leek asked if it was a mistake that GM DCfPllan 2 ey as notit was made in the C Ilan 2. le to hMmtus
responded that GM Peffley had declined participation
rney
rie
GM Peffley gave the floor to CFO Heather Shawa who introduced
the RPC/PlalntGovteronance Oveirview
Mireles and Ms. Mindi Johnson from Foster Swift who presented
presentation.
Ms. Mireles provided information on the fiduciary responsibilities of the Plan Administrator, Trustee,
General Manager and RPC. gWL Retirement Plan Governance
Plan
a �
Commissioner Ross asked if all the functions that are being currently performed were also being
performed prior to 2016 but are just not documented in the same way. He also asked if someone that
has fiduciary responsibilities is able to delegate the fiduciary r rontrolllelnvironment had everes and would the rlbeen
ginal
fiduciary still have responsibility. He also asked if aWLolbeenal identified. Ms. Mireles replied that the
evaluated to determine whether there were any gaps t
fiduciary responsibility stays with the original fiduciary and they
responsible
coon the
eovironmht of
the delegate. CFO Shawa replied that the RPC was formed to evaluate the
t.
Commissioner Ross stated that periodically the reviews
need
a a Board completed
leted so not ndividat the Board has
proper oversight and that the Board is fiduciarily responsible
epresentative on the
Commissioner Thomas asked if it was possible for a COmmissioner to be a that boa d to govern and
Retirement Plan Committee. Ms. Mindi Johnson respondedhat it is common for
to serve as fiduciaries.
Commissioner Zerkle commented that the Board has operated o s fiduciaries
with
s long
as she has been on the Board and the Finance Departmentprovide
o de the Board of Commissioners
information. She stated that she has not received information concerned about
transition
not receiving information
from ICMA to Nationwide, and being fiduciarily responsible,
before signing the agreement.
Lansing Board of Water and Light Defined Contribution Plan and Trust
GM Peffley gave the floor to CFO Shawa to present the Plan Document and Addendum, plus the Adoption
Agreement for the transition of retirement benefits plans from anon to approved andtionwide. The eadopted by
legation of
the duties requires new trust agreements and the transition of the p
the Board and Trustees.
Trust Agreements and Executive summarV BWL Retirement Plans
of the Mr. Scott Taylor, Finance Manager, presented an executive summary
and Light Defplan ned Contr button Plao and
agreements and trust agreements for the Lansing Board of Water
Trust 1; Lansing Board of Water and Light Defined Contribution lananlan d Trust documents Trust 2; sing Board of before the Board
and Light 457 Deferred Compensation Plan and Trust. The and Trustees as the Board has d appointed employees, and
an 2 for the
amendment authority over the three Trust agree l
ments. The Plan and Trust documents remain the same
uested
arding of the
but are being transitioned from ICMA to Nationwide. Mr. Taylor 457 Trugst to thefful\I Board for considerlat on.
for the Adoption of the DC Plan 2, DC Trust 1, DC Trust 2, an
Motion by Commissioner Zerkle, Seconded by Commissioner Leek, to forward the Resolution for the
Adoption of the DC Plan 2, DC Trust 1, DC Trust 2, and 457 Trust to the full Board for consideration.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek,Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
Motion by Chair Mullen,Seconded by Commissioner Zerkle,to recess to allow a Special Board Meeting to
consider the Resolution for the Adoption of the DC Plan 2, DC Trsut 1, DC Trust 2 and 457 Trust.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek,Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
THE HUMAN RESOURCES MEETING RECESSED AT 6:37 P.M. FOR THE ALLOWANCE OF A SPECIAL
BOARD MEETING AND A SPECIAL PENSION FUND TRUSTEES MEETING.
THE HUMAN RESOURCES MEETING RECONVENED AT 6:53 P.M.
Mid-Year Personnel Evaluation—Charter Appointed Employee
HR Committee Chair Mullen opened the floor for the charter appointed employee's mid-year personnel
evaluation.
General Manager
General Manager Richard Peffley requested a MS Teams closed session for the purpose of receiving his
contractual mid-year personnel evaluation as permitted by the Open Meetings Act exemption MCL
15.268(a).
Motion by Commissioner Thomas, Seconded by Commissioner Zerkle, to enter into a MS Teams closed
session to discuss the contractual mid-year personnel evaluation of General Manager, Richard Peffley.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek,Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
The Human Resources Committee went into a MS Teams closed session at 6:55 p.m.
Motion by Commissioner Leek, Seconded by Commissioner Graham, to reconvene into WebEx open
session.
Roll Call Vote:
Yeas: Commissioners Tony Mullen, Deshon Leek,Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
The Human Resources Committee reconvened to WebEx open session at 7:24 p.m.
Other
None.
Adiourn
Chair Mullen adjourned the meeting at 7:26 p.m.
Respectfully Submitted,
Tony Mullen, Chair
Human Resources Committee
MANAGER'S RECOMMENDATIONS
There were no General Manager recommendations.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
RESOLUTIONS
RESOLUTION 2021-03-03
Salary Adjustment for the Charter Position of Corporate Secretary
Whereas; After further consideration of the grade and salary structure adopted for non-bargaining
employees at the Lansing Board of Water and Light; and in consideration of the Corporate Secretary's
experience, education and years of service;
Whereas; A salary adjustment is appropriate to align the Corporate Secretary's salary to an equitable pay
grade commensurate with top of the Director 002 level.
Whereas: A Salary Adjustment shall be implemented in two equal parts, with the first being effective
February 16, 2021, and the second increase effective June 1, 2021.
FURTHER RESOLVED, That the Chair of the Board of Commissioners is authorized to execute any and all
contractual amendments on behalf of the Board of Commissioners, which reflect adjustments
recommended by the Human Resources Committee.
Motion by Commissioner Mullen, Seconded by Commissioner Thomas,to approve the Resolution for the
Salary Adjustment for the Charter Position of Corporate Secretary.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross, Tracy
Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
RESOLUTION 2021-03-04
Corporate Sustainability & Climate Response 2021 Resolution
WHEREAS,The Lansing Board of Water & Light ("BWL") is a municipally owned utility company organized
under the Lansing City Charter as permitted by the Home Rule Cities Act, MCL 117.4(f)(c), and governed
by the Board of Commissioners ("Board"). The Board, per the Lansing City Charter, is delegated
administrative, executive and policy-making authority over the operation of the BWL, which includes the
full and exclusive management of water, heat, steam and electric services and such additional services of
the City of Lansing as may be agreed upon by the Board and City Council.
WHEREAS, per the Lansing City Charter, the Board has appointed three individuals, Director (aka General
Manager), Internal Auditor (aka Director of Internal Audit) and Secretary (aka the Corporate Secretary),
who report directly to the Board and serve at the Board's pleasure. The General Manager is also
responsible to the Board for carrying out the duties assigned by the Board, which includes but is not
limited to the operation and management of the BWL.
WHEREAS, it is the mission of the BWLto provide a safe, reliable and affordable utility experience through
public ownership, climate consciousness and innovative strategies ("Mission").
WHEREAS, the vision of the BWL is a commitment to being the "Utility of the Future" while supporting
community growth. The BWL will provide carbon neutral utility products, services and programs that are
financially accessible to all customers with exceptional customer service. This will be accomplished by
utilizing evolving, cutting-edge technology, as well as partnering with the Greater Lansing region and a
highly skilled, diverse workforce ("Vision").
WHEREAS, industry and global discussions and reports have focused on harms,threats and dangers to the
climate or planet. These harms, threats and dangers consequently impact the BWL's Mission and Vision.
WHEREAS, the BWL plans to accomplish its Mission and Vision by operating under four fundamental
values: (1) Integrity, (2) Innovation, (3) Inclusion and (3) Initiative ("Values").
WHEREAS, the BWL utilizes a variety of corporate performance tools, methodologies and frameworks to
measure success and effectuate strategic management, such as maturity scales and the Balanced
Scorecard (aka Corporate Scorecard). These aid in measuring the BWL's success of its Mission, Vision and
Strategic Plan.
WHEREAS, the Balanced Scorecard's core framework balances four perspectives for successful corporate
performance: (1) Financial, (2) Customer and Stakeholder, (3) Internal Process and (4) Learning and
Growth.
WHEREAS,fundamental to successful accomplishment of the BWL's Mission and Vision through its Values
includes a commitment to Corporate Sustainability, which includes a climate response strategy.
WHEREAS, the concept of Corporate Sustainability is focused on long-term value to both internal and
external stakeholders through the focus of 3 key pillars for operations: Social Development,
Environmental Stewardship and Economic Growth.These 3 pillars often support one another to form sub-
areas of focus such as: Socio-Economic, Socio-Environment and Eco-Efficiency. ("Corporate
Sustainability")
WHEREAS,the BWL is an integral part of the Lansing community and has the skills and assets to lead in
promoting the community's environmental and economic wellbeing today and in the future.
WHEREAS, in 2013 the BWL approved resolution 2013-03-01, entitled Environmental Stewardship and
Sustainability Policy, which underscored its commitment to environmental stewardship and a desire to
develop a company-wide culture of environmental Sustainability. Resolution 2013-03-01 called for the
development of innovative business practices and programs.
WHEREAS, the BWL successfully developed a number of programs and practices that supported
environmental stewardship, examples of which include but are not limited to energy efficiency
investments, water conservation, recycling, composting, pollution prevention, community outreach
programs and expanding our renewable portfolio.
WHEREAS, the Board desires to formalize and expand its commitment to Corporate Sustainability,
Environmental Stewardship and to develop a climate response strategy.
RESOLVED, the General Manager will develop a Corporate Sustainability program which includes
procedures and methods for monitoring, measuring, promoting and improving Corporate Sustainability
that emphasizes social development, environmental stewardship and economic growth.
FURTHER RESOLVED, the Corporate Sustainability program shall also include climate response measures,
practices, investments and tactics that incorporate but are not limited to the following:
1) Eco-friendly vendors and materials.
2) Energy, water and material waste reduction.
3) Recycling materials, equipment and appliances.
4) Reducing paper usage.
5) Renewable energy sources.
6) Energy-efficient transportation.
7) Support electric transportation and heating (aka beneficial electrification).
8) Usage of"Green" cleaning products and practices.
9) Live vegetation "Greenery" within facilities.
FURTHER RESOLVED, the BWL shall set a short-term Clean Energy goal, which includes a combination of
renewable energy and energy efficiency of 50% by 2030, or sooner.
FURTHER RESOLVED, the General Manager will also enhance the BWL's climate response strategy by
developing a plan and tracking progress towards Carbon Neutrality.
FURTHER RESOLVED, the BWL sets a longer-term goal to reach Carbon Neutrality by 2040, or sooner.
FURTHER RESOLVED, Resolution 2013-03-01, entitled Environmental Stewardship and Sustainability
Policy is no longer operable and thus is replaced with this Corporate Sustainability & Climate Response
Resolution.
Motion by Commissioner Ross, Seconded by Commissioner Thomas, to approve the Corporate
Sustainability & Climate Response 2021 Resolution_
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross, Tracy
Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
RESOLUTION 2021-03-05
Lansing Board of Water& Light External Auditor Recommendation
WHEREAS, Lansing City Charter Section 3-404.1 requires an independent audit of all accounts of the City
government, including the Board of Water and Light (BWL), at the close of each fiscal year, and all such
audits shall be made by a Certified Public Accountant designated by the City Council; and
WHEREAS, BWL staff engaged in its normal public procurement process for the purpose of soliciting and
evaluating proposals from a variety of independent public accounting firms that have municipal utility
audit experience to perform an audit of the BWL as required by Lansing City Charter Section 3-404 for
fiscal years ending June 30 on the following respective years: 2021, 2022, 2023, 2024, and 2025; and
WHEREAS, based on the public procurement evaluation of the proposals received, the BWL staff
recommends the firm of Baker Tilly to perform these BWL audits; and
RESOLVED, that the Board of Commissioners support BWL staff's recommendation; and
FURTHER RESOLVED, the Board of Commissioners recommends that Lansing City Council approve and
designate Baker Tilly to perform the annual financial audit for each of the fiscal years ending June 30 on
the following respective years: 2021, 2022, 2023, 2024, and 2025 in accordance with Lansing City Charter
3-404.1; a n d
FURTHER RESOLVED, that the Corporate Secretary is hereby directed to submit this resolution on behalf
of the Board of Commissioners to City Council requesting their approval of Baker Tilly as recommended
by the Board of Commissioners.
Motion by Commissioner Lenz, Seconded by Commissioner Mullen,to approve the Resolution for Lansing
Board of Water& Light External Auditor Recommendation.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross, Tracy
Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
MANAGER'S REMARKS
General Manager Dick Peffley gave an update on how customers are being supported that have been
economically impacted by COVID-19. BWL has received $655,000 through the CARES Act which has been
applied to customers' past due balances. BWL has also received a water restart grant of$13,000 which
has been applied to water customers' past due balances. A letter was sent to 13,000 customers that are
lec
past due 30 days in utility bills, which accounts for $1.cmReion f BWL's u of efted debt,that they may
be eligible for assistance under the COVID 19 Emergency
at
WL
Commissioner Mullen asked how the money was distributed to those customers.in jeopa dy offhavinglthei hutiBt es
reviewed the customers with the largest amounts owed an
turned off and distributed the money.
Commissioner Zerkle asked if this was the money the state legislature was holding up or has it been
received and disbursed. GM Peffley replied that money received II be able to apply for t through the CARES he money under
ct was received
months ago and has been applied to customers bills. Customer
the COVID-19 Emergency Rental Assistance Relief Act on April 1, 2021.
0 to
Commissioner Ross asked if a report could be provided nnu the
mbe o de
Or )f gnq delinquencies and shutoffs.impact from March 2 GM
March 2021 as compared to previous Years on the overall
Peffley replied that a report will be prepared. He added t chip
working around tasComm Commissioner Ross
hit General Motors
and the auto industry is hitting the Delta Energy Plant but BWL s
asked if data could also be provided for supply issues that are pandemic related. GM Peffley replied that
data would be provided.
COMMISSIONERS' REMARKS
ignature forms that have been sent and received be signed an
Chair Price requested that the Trustee s
returned as soon as possible.
Commissioner Thomas thanked the Diversity, Equity, and Incla��idOWalker of Public policy Assocteam for the work they iates,and
Inc.
presentation that and as reques requested thde. GM at BWL help them with ey replied that Mr. itheir journey.
reached out to BWLq
Commissioner Graham thanked GM Peffley for quickly helping f e family whose if the eipwas aes d interpreter
n and
were flooding the neighbors' property. Commissioner Graham
available for the different nationalities in the Lansing area.uch it. Hy replied that the efamily
added that BWL cust merhat was
service
helped didn't speak English, but they were able to get through
has the capability to speak 250 languages with live people.
and
Commissioner Ross directed this comment to Chair Price and
Trustees,Chair Thomas
has and hasn asked if a
reacquaintance could be done of the reporting and duties of the
t should d focused.
delegated, where oversight lies, governance issues, and on what
an discussion can Chair
be
Price replied that it applies to all the Committees and that regular reporting
arranged and be done in the next COW meeting.
PUBLIC COMMENTS
There were no public comments.
ADJOURNMENT
Chair Price adjourned the meeting at 5:58 p.m.
M.Denise Griffin,Corporate Secretary
Preliminary Minutes filed(electronically)with Lansing City Clerk 03-24-21
Approved by the Board of Commissioners: 05-25-21
official Minutes filed(electronically)with Lansing City Clerk: 05-26-21
Approved by the Board of Commissioners March 23,2021
W
Hometown Peopre.Hometown Power.
LANSING BOARD OF WATER AND LIGHT
BOARD OF COMMISSIONERS
SPECIAL BOARD MEETING MINUTES
March 16, 2021
The Board of Commissioners of the Lansing Board of Water and Light (BWL) met via WebEx (BWL
Headquarters-REO Town Depot located at 1201 S. Washington Ave., Lansing, MI) on Tuesday, March
16, 2021. The meeting was Publicly Noticed for 5:50 p.m.
Event Address for Attendees:
https://Ibwlevents.webex.com/lbwlevents/onstage/g.php?MTID=ed6ca7a6cOcfaf6f7323609f75a027689
Event Number for Attendees: 132 6012112 Event Password: C3m2MMyB4js
Audio Conference: United States Toll+1-408-418-9388 Access Code: 132 6012112
Chairperson David Price called the meeting to order at 6:38 p.m.
Corporate Secretary Griffin called the roll.
The following Commissioners were present via audio/video:
David Price remotely, Lansing, MI Stuart Goodrich remotely, Holt, MI
Beth Graham remotely, Lansing, MI Douglas Jester remotely, East Lansing, MI
DeShon Leek remotely, Lansing, MI David Lenz remotely, Lansing, MI
Tony Mullin remotely, Lansing, MI Larry Merrill remotely, Delta Township, MI
Ken Ross remotely, Charlotte County, FL Tracy Thomas remotely, Lansing, MI
Sandra Zerkle remotely, Lansing, MI
Absent: None
The Corporate Secretary declared a quorum.
Chair Price led the Pledge of Allegiance.
PUBLIC COMMENT
A written comment was received from Ms. Rosemary Sullivan, BWL Retiree, Lansing, MI regarding the
transition to Nationwide Insurance.
MEETING PURPOSE:
Consider a Resolution to Approve and Adopt Restated:
DC Plan 2, DC Trust 1, DC Trust 2, and 457 Trust.
Commissioner Price stated that he called for this Special Board meeting to consider the approval of
and adoption of restated DC Plan 2, DC Trust 1, DC Trust 2, and 457 Trust and would like to put
forward a Resolution.
Special Board Mtg.
March 16,2021
Page 2 of 6
RESOLUTION 2021-03-01
Lansing Board of Water& Light Retirement Plans
WHEREAS, the Lansing Board of Water& Light (the "Board") maintains the Lansing Board of Water
and Light Defined Contribution Plan and Trust 1 (the "DC Plan 1"), the Lansing Board of Water and
Light Defined Contribution Plan and Trust 2 (the "DC Plan 2"), and the Lansing Board of Water and
Light 457 Deferred Compensation Plan and Trust (the "457 Plan"); and
WHEREAS, the Board desires to amend and restate the DC Plan 2; and
WHEREAS, the Board desires to amend and restate the Trust Agreement for the Lansing Board of
Water and Light Defined Contribution Plan and Trust 1 (the "DC Trust 1"), the Trust Agreement for
the Lansing Board of Water and Light Defined Contribution Plan and Trust 2 (the "DC Trust 2), and the
Trust Agreement for the Lansing Board of Water and Light 457 Deferred Compensation Plan and Trust
(the "457 Trust"); and
WHEREAS, the Board has received and reviewed copies of the proposed DC Plan 2, DC Trust 1, DC
Trust 2 and 457 Trust; and
WHEREAS, the Board desires to approve and adopt the restated DC Plan 2, DC Trust 1, DC Trust 2 and
457 Trust.
NOW THEREFORE, it is:
RESOLVED, that the restated DC Plan 2 is hereby approved, effective as set forth therein;
FURTHER RESOLVED, that the restated DC Trust 1 is hereby approved, effective as set forth therein;
FURTHER RESOLVED, that the restated DC Trust 2 is hereby approved, effective as set forth therein;
FURTHER RESOLVED, that the restated 457 Trust is hereby approved, effective as set forth therein;
FURTHER RESOLVED,that any member of the Board of Commissioners, on behalf of the Board, is
authorized to execute the restated DC Plan 2, DC Trust 1, DC Trust 2, 457 Trust and any other
documents that are necessary to implement the foregoing resolutions.
Motion by Commissioner Mullen, Seconded by Commissioner Thomas, to approve and adopt
Restated: DC Plan 2, DC Trust 1, DC Trust 2 and 457 Trust.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross,
Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried
Special Board Mtg.
March 16,2021
Page 3 of 6
Motion by Chair Price, Seconded by Commissioner Leek to recess the Special Board Meeting for the
Commissioners to attend the Special Pension Fund Trustees meeting for the purpose of the Trustees
to approve and adopt the Restated DC Plan 2, DC Trust 1, DC Trust 2, and 457 Trust Resolution.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross,
Tracy Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
CHAIR PRICE RECESSED THE SPECIAL BOARD MEETING AT 6:44 P.M. FOR THE ALLOWANCE OF A
SPECIAL PENSION FUND TRUSTEES MEETING.
CHAIR PRICE RECONVENED THE SPECIAL BOARD MEETING AT 6:48 P.M.
SPECIAL PENSION FUND TRUSTEE COMMITTEE REPORT
Chair David Price presented the Pension Fund Trustee Meeting Report:
SPECIAL PENSION FUND TRUSTEES MEETING MINUTES
March 16, 2021
The Pension Fund Trustees of the Lansing Board of Water & Light (BWL) met via WebEx at the BWL
Headquarters— REO Town Depot located at 1201 S. Washington Ave., Lansing, MI, on Tuesday, March
16, 2021. The meeting was Publicly Noticed for 5:55 p.m.
Event Address for Attendees:
https://lbwIevents.webex.com/ibwlevents/onstage/g.php?MTI D=ed6ca7a6cOcfaf6f7323609f75a027689
Event Number for Attendees: 132 6012112 Event Password: C3m2MMyB4js
Audio Conference: United States Toll +1-408-418-9388 Access Code: 132 6012112
Board Trustee David Price called the meeting to order at 6:44 p.m.
Corporate Secretary Griffin called the roll.
The following Trustees were present via audio/video:
David Price remotely, Lansing, MI Beth Graham remotely, Lansing, MI
Deshon Leek remotely, Lansing, MI David Lenz remotely, Lansing, MI
Tony Mullin remotely, Lansing, MI Ken Ross remotely, Charlotte County, FL
Tracy Thomas remotely, Lansing, MI Sandra Zerkle remotely, Lansing, MI
Absent: None
The Corporate Secretary declared a quorum.
Special Board Mtg.
March 16,2021
Page 4 of 6
Public Comments
None.
MEETING PURPOSE:
Consider a Resolution to Approve and Adopt Restated:
DC Plan 2, DC Trust 1, DC Trust 2, and 457 Trust.
Chair Trustee Price stated that he called for this Special Pension Fund Trustee meeting to consider the
approval of and adoption of restated DC Plan 2, DC Trust 1, DC Trust 2, and 457 Trust and would like
to put forward a Resolution.
RESOLUTION#2021-03-02
Lansing Board of Water& Light Retirement Plans
WHEREAS, the Lansing Board of Water& Light (the "Board") maintains the Lansing Board of Water
and Light Defined Contribution Plan and Trust 1 (the "DC Plan 1"), the Lansing Board of Water and
Light Defined Contribution Plan and Trust 2 (the "DC Plan 2"), and the Lansing Board of Water and
Light 457 Deferred Compensation Plan and Trust (the "457 Plan"); and
WHEREAS, the Board desires to amend and restate the DC Plan 2; and
WHEREAS, the Board desires to amend and restate the Trust Agreement for the Lansing Board of
Water and Light Defined Contribution Plan and Trust 1 (the "DC Trust 1"), the Trust Agreement for
the Lansing Board of Water and Light Defined Contribution Plan and Trust 2 (the "DC Trust 2), and the
Trust Agreement for the Lansing Board of Water and Light 457 Deferred Compensation Plan and Trust
(the "457 Trust"); and
WHEREAS, the Board has received and reviewed copies of the proposed DC Plan 2, DC Trust 1, DC
Trust 2 and 457 Trust; and
WHEREAS, the Board desires to approve and adopt the restated DC Plan 2, DC Trust 1, DC Trust 2 and
457 Trust.
NOW THEREFORE, it is:
RESOLVED, that the restated DC Plan 2 is hereby approved, effective as set forth therein;
FURTHER RESOLVED, that the restated DC Trust 1 is hereby approved, effective as set forth therein;
FURTHER RESOLVED, that the restated DC Trust 2 is hereby approved, effective as set forth therein;
FURTHER RESOLVED, that the restated 457 Trust is hereby approved, effective as set forth therein;
Special Board Mtg.
March 16,2021
Page 5 of 6
FURTHER RESOLVED, that any member of the Board of Commissioners, on behalf of the Board, is
authorized to execute the restated DC Plan 2, DC Trust 1, DC Trust 2, 457 Trust and any other
documents that are necessary to implement the foregoing resolutions.
Motion by Trustee Mullen, Seconded by Trustee Zerkle, to approve and adopt the Resolution for the
Restated DC Plan 2, DC Trust 1, DC Trust2, and 457 Trust.
Roll Call Vote:
Yeas: Trustees David Price, Beth Graham, Deshon Leek, David Lenz, Anthony Mullen, Ken Ross, Tracy
Thomas and Sandra Zerkle
Nays: None.
Action: Motion Carried.
Other
None.
Adiourn
There being no further business, the Special Pension Fund Trustees meeting adjourned at 6:48 p.m.
Motion by Commissioner Mullen, Seconded by Commissioner Ross,to have Chair Price as the
Chairperson of the Board sign the DC 1 Trust, DC 2 Trust and 457 Trust Documents Agreements on
behalf of the Board of Commissioners.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Anthony Mullen, Ken Ross,
Tracy Thomas and Sandra Zerkle
Nays: None.
Action: Motion Carried.
MANAGER'S REMARKS/COMMENTS
General Manager Dick Peffley responded to Commissioner Thomas' request for the total contribution
amount to the General Manager's pension fund stating that$490 of interest was added to his $2,775
contribution totaling $3,265.
COMMISSIONERS' REMARKS/COMMENTS
There were no Commissioners' remarks.
PUBLIC COMMENT
Ms. Rosemary Sullivan, Lansing, BWL retiree spoke thanking the Commissioners for holding the
Special Board Meeting a week early.
Special Board Mtg.
March 16,2021
Page 6 of 6
MOTION OF EXCUSED ABSENCE
There were no excused absences.
ADJOURNMENT
Chair Price adjourned the meeting at 6:53 p.m.
Filed with Lansing City Clerk:
03-24-21 Official Minutes
Approved by the Board of Commissioners 03-23-21
Hometown People.Hometown Power:
MINUTES OF THE BOARD OF COMMISSIONERS MEETING
LANSING BOARD OF WATER AND LIGHT
January 26, 2021
Due to public safety concerns resulting from the COVID-19 Pandemic,the Regular Board of Commissioners
meeting for the Lansing Board of Water and Light (BWL) was conducted via WebEx Conferencing in
Lansing, MI on Tuesday, January 26, 2021. This meeting was publicly noticed for 5:30 p.m.
Event Address for Attendees:
https:Hlbwlevents.webex.com/lbwlevents/onstage/g.php?MTID=e317c629lb98ce01fcd4alfd9Ob4915cl
Event Number for Attendees: 132 713 3991 Event Password: gT8UtMmbg22
Audio Conference: United States Toll +1-408-418-9388 Access Code: 132 713 3991
Chairperson David Price called the meeting to order at 5:30 p.m.
The Corporate Secretary, M. Denise Griffin, called the roll.
The following Commissioners were present via audio/video:
Chairperson David Price remotely, Lansing, MI
Stuart Goodrich remotely, Holt, MI (arrived @5:45 pm) Beth Graham remotely, Lansing, MI
Douglas Jester remotely, East Lansing, MI (arrived@ 5:32 p.m.) Deshon Leek remotely, Lansing, MI
David Lenz remotely, Lansing, MI Larry Merrill remotely, Delta Township, MI
Tony Mullen remotely, Lansing, MI David Price remotely, Lansing, MI
Ken Ross remotely, Charlotte County, Florida Sandra Zerkle remotely, Lansing, MI
Absent: None
Corporate Secretary Griffin declared a quorum.
Chair Price led the Pledge of Allegiance.
Chair Price requested a motion to amend the agenda to add a late item, the City of Lansing newly
implemented required Annual Ethics Training,which will allow the Board to consider a resolution that the
Board will endeavor to be compliant with obtaining the City of Lansing's required ethics training and that
the Rules of Procedure will be amended to include the annual ethics training as an annual event.
Motion by Commissioner Thomas, Seconded by Commissioner Graham, to amend the agenda to add the
late item, the City of Lansing Annual Board Ethics Training.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross, Tracy
Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
APPROVAL OF MINUTES
Motion by Commissioner Graham, Seconded by Commissioner Zerkle, to approve the Regular Board
Meeting minutes of November 17, 2020.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross, Tracy
Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
PUBLIC COMMENTS
There were no public comments.
COMMUNICATIONS
There were no communications.
COMMITTEE REPORTS
Chairperson Price presented the Executive Committee Report:
EXECUTIVE COMMITTEE
Meeting Minutes
December 17, 2020
Due to public safety concerns resulting from the COVID-19 Pandemic, the Executive Committee meeting
for the Lansing Board of Water and Light (BWL) was conducted via WebEx Conferencing in Lansing, MI on
Thursday, December 17, 2020.
Event Address for Attendees:
https:Hlbwlevents.webex.com/lbwlevents/onstage/g.php?MTID=e5163781865ac93f5e8568649b5819ld7
Event Number for Attendees: 132 573 1544 Event password: zmDV5HErx32
Audio conference: United States Toll +1-408-418-9388 Access code: 132 573 1544
Executive Committee Chair David Price called the December 17, 2020 Executive Committee meeting to
order at 5:00 p.m.
Corporate Secretary Griffin took the roll call to acknowledge attendance.
The following Commissioners were present via audio/video:
David Price remotely, Lansing, MI Tracy Thomas remotely, Lansing, MI
(Board Chairperson) (Vice Chairperson)
Sandra Zerkle remotely, Lansing, MI Anthony Mullen remotely, Lansing, MI
(Past Chairperson) (Member)
Beth Graham remotely, Lansing, MI Deshon Leek remotely, Lansing, MI
David Lenz remotely, Lansing, MI Ken Ross remotely,Charlotte County, FL(@5:06 p.m.)
Douglas Jester remotely, East Lansing, MI Larry Merrill remotely, Delta Township, MI
Stuart Goodrich remotely, Holt, MI (arrived @5:31 p.m.)
Absent: None.
The Corporate Secretary declared a quorum.
Public Comments
None.
Governance
Participation from Commissioners
Items to revisit
Onboarding information for Commissioners
Chair Price introduced Commissioner Merrill to present the Governance seminar. Chair Price noted that
the last governance seminar was held in the fall of 2014 and due to circumstances in the past year an
update of the role of governance was deemed necessary. Commissioner Mullen requested that the
Commissioners keep the goals of the governing process as simple as possible--select the goals and the
steps to accomplish the goals.
Commissioner Larry Merrill opened the floor and asked the Commissioners to speak concerning the
following questions from the Governing Excellence presentation:
• From what sources—public sector organization, private businesses, individuals, readings,
education, experiences—do you derive guidance on your roles and responsibilities?
• What are the similarities and differences between your"mental models" and your actual roles and
responsibilities?
Chair Price responded that his experience is from the non-profit sector as an executive director, as a
board president, treasurer and member; and that as a Commissioner he governs on the board in the
manner that he would expect if he was the customer that is being represented. Chair Price added that
the differences between governing in the non-profit sector and at BWL as a public entity which add
some difficulty include the political aspect and having three employees instead of one to set and carry
out policy.
Commissioner Graham responded that her experience as president of a realtor's association was
different as there was one executive officer to whom the governing body reported and the governing
body didn't interact with any of the company business. The governing body was similar in taking care of
the concerns of the membership for the betterment of the association.
Commissioner Lenz responded that his experience was different with a nonprofit membership driven
organization as the board members were nominated and elected by the members.
Commissioner Jester responded that his experience has been with non-profits, member organizations
and municipal boards. He stated that there were procedural differences between those boards and the
BWL board in that substantive discussion is held only in the committee meetings of the BWL.
Commissioner Jester added that the concerns of the other boards were mainly with policy of the
organization while BWL is a fiduciary board where more time is spent with governance, oversight and
financials.
Commissioner Ross responded that his experience has been with local government boards, a small
municipality board, nonprofit boards and a for profit board. Commissioner Ross added that the BWL
board is different in that it has both voting and non-voting members, different term lengths of members,
and a high volume of material with technical subject matter for the Commissioners to review.
Commissioner Ross also added that the BWL is different in that it is a public body subject to the Open
Meetings Act and FOIA.
Commissioner Zerkle responded that her experience has been with labor committees with only one
speaker. Commissioner Zerkle added that rules and procedures for the BWL were provided through the
BWL Corporate Secretary.
Commissioner Thomas responded that his experience has been in education where everyone on the board
had a specialty. Commissioner Thomas added that the education boards were similar to BWL as public
boards with transparency and that the BWL was different from other public boards where a couple
members may be the deciding members.
Commissioner Goodrich responded that his experience has been on a municipal board where he led the
meeting. Commissioner Goodrich added that the BWL board is different in that he has less of a say in
what transpires.
Commissioner Larry Merrill brought up for discussion and asked for the Commissioners' input
concerning the following questions:
• Is there anything the Board of Commissioners doesn't do regarding the functions of Board
Governance by seeing to it that LBWL achieves what it should and avoids imprudent risks and
unacceptable outcomes?
• Does the LBWL achieve what it should through its vision, mission, values, strategic goals and
objectives; through measurements of goals and objectives; through monitoring and evaluation;
through policy compliance;through CEO effectiveness and board effectiveness; through adequate
and efficiently used resources of competent staff and competent board?
• Does the BWL assure reliable service, competitive rates, convenience, information, lower cost and
transparent operations, participation in decision-making, involvement in the regulatory process,
and whatever else the customer deems valuable?
• Whether there is a difference between the corporate policies developed and adopted for
governance of the BWL for affective administrative and executive management and the policies
of the managing director. In response to Commissioner Merrill's question on the appropriate
division of authority between the Board and the General and whether there needs to be more
clarity Chair Price said that there needs to be clarification and a restatement of the governance
policy.
• Whether the Board should only review and approve the corporate strategic plan or should the
Board provide input and develop it also? Chair Price said that the Board should be an integral part
of the strategic plan rather than just take what is given to be reviewed.
How is the General Manager held accountable for outcomes from the Board's approval process?
Commissioner Merrill stated that the fiduciary role in the review and approval process as
representatives of the utility's owners will need further conversation.
Are the rate payers the owners of Lansing Board of Water and Light? Chair Price stated that the
Lansing City Charter governs the Lansing Board of Water and Light and all the rate payers are not
within the City of Lansing. Chair Price added that owners have a direct influence in governance
and he doesn't think the rate payers do.
To whom is the Board accountable? Commissioner Merrill stated that according to the Lansing
City Charter 5-201 'the board shall be responsible to the Mayor and the City Council for the
provision of these services in a manner consistent with the best practices." Commissioner
Goodrich asked whether a member of the city council
the
BWL andit�s
commissioner Merrill responded that the city charter created a separate board for
different than the other city boards and commissions. in is owned by the rate payers)
further discussion commissioner Merrill
noted that BWL has a resolution, 2017-07-06,which states that BWL
Chair Price responded that there are rate payers outside of the Lansing city limits and restated
that owners have a direct influence in governance and he doesn't think the rate payers do and
this should be further discussed.
Whether the Board acts as an oversight committee
for
behalf of the owner Manager
Comm commissioner Lenz
as an instrument of the City of the Lansing to speak on
responded that the Board balances the responsibilities between acting as an oversight committee
and as an instrument of the City of Lansing. commissioner
f el beesponded that since the involved in items such as aid he
Board only meets every other month it would be difficult to
strategic planning process, other than providing input, and have management responsibilities.
Commissioner Mullen responded that the Board has the responsibilities to provide a good return
on investment to the City of Lansing as owners, to rate payers, and to management and
employees. Commissioner Price responded that representing the City of Lansing, (sn't exclusive
passed by the
from the management and employees carrying outpolicies and plans that are
Board.
Whether the role of the Board of Commissioners as an regulatory fiduciary
adequately
described
reviewing the financial position, asset condition, legal environment compliance,
technology changes, energy prices, competitors actions, and environment and climate impacts;
identifying stakeholder concerns; setting strategic
in unacceptable direction; providing
outcomes;grces andthrough rate
monitoring,
making; delegating authority to staff; proscribing comes
evaluating and providing additional input. Chair Price responded that the description is accurate
as the Board deals with complicated issues and indicates how the Board
lbutrather
Commissioner Jester responded that it doesn't seem that the Board provides resources
determines what is done with the resources. Commissioner resources.
Merrill responded that when the
Board sets rates and approves the budget it is providing
Commissioner Goodrich commented that on boards he has previously
VeCommis board
s over Goodr ch
hires the
manager and just observes the manager take care of the business o perations
also commented to the limitation on powers of boards and said e e Merrillthinkthe
Managerment and stated
had
been given enough authority. Chair Price and Commissioner Mexpressed
that the General Manager has been given adequate authority.
• Whether the Board members govern well, whether existing board policies are up-to-date and
understandable, and whether board members are compliant or there is a need for increased
training. Commissioner Ross responded that because of the technical subject matter there is a
need for increased training in the governance process, the mechanics of decision making and the
committee structures. Chair Price added that in addition to the board member orientation packet
formal hands-on training should be provided. Commissioner Jester commented that the
information that was provided by the Corporate Secretary when he was appointed as a
Commissioner was very helpful. He added that he needed to become familiar with the rhythm of
the governing process. Commissioner Graham agreed with Commissioner Jester's comments and
added that it would be helpful to attend a governing process training session.
Commissioner Merrill asked for clarification or follow up of the following statements in board policies:
• Whether the Board has delegated oversight responsibility to any committee or is the committee
responsible for some level of monitoring and reporting back to the board.
• The authority and accountability of respective management and staff is inseparable from the
authority and accountability of the three employees.
• An individual Commissioner cannot make decisions or recommendations, nor issue directives that
are binding on the General Manager, Director of Internal Audit and Corporate Secretary.
• The Board will conduct a self-evaluation every two years with the next evaluation to be conducted
in 2020. Chair Price responded that the self-evaluation is in the planning stages and will be sent in
the beginning of 2021, and a 360-degree evaluation will be sent to the Board employees.
Commissioner Thomas commented that for the last five years a protocol has been in place that the Chair
speaks on behalf of the board to media. He also asked to be part of the process in the self-evaluation
planning stages. Commissioner Merrill asked that the spokesperson role also apply to instances in
speaking with the staff.
Commissioner Merrill asked for follow up on the following items:
• protocol for placing an item on the agenda
• whether a succession plan is in place for executives
• whether communication from staff is shared equally with the commissioners
• the procedure for dealing with problems/conflicts efficiently, coherently and sensitively
Commissioner Merrill asked whether the issues that have been raised should be addressed.
Commissioner Price stated that the objective for the governance seminar was to get all the Commissioners
on the same page, to review what is in the governance policies, to make some enhancements, and to
address what is lacking.
Commissioner Zerkle commented that the input from the advisory commissioners is valued and the non-
voting status in not a reflection of importance.
Commissioner Goodrich commented that he appreciated the information from Commissioner Merrill and
that the information was valuable for this board.
Commissioner Ross commented that the input from the advisory Commissioners is valuable and that he
really appreciated this governance meeting that was conducted by advisory Commissioner Larry Merrill.
Commissioner Ross added that he didn't think the Board had fundamental problems but does have
opportunity for continuous improvement and refinement.
Chair Price commented that the advisory Commissioners were a direct result from the ice storm. Chair
Price added that he didn't know why the term lengths were set as they are.
Other
There was no other business.
Excused Absence
None.
Adiourn
Chairperson Price adjourned the meeting adjourned at 7:12 p.m.
Respectfully submitted,
David Price, Chair
Executive Committee
Commissioner Tracy Thomas presented the Committee of the Whole Report:
COMMITTEE OF THE WHOLE
Meeting Minutes
January 12, 2021
Due to public safety concerns resulting from the COVID-19 Pandemic,the Committee of the Whole (COW)
meeting for the Lansing Board of Water and Light (BWL) was conducted via WebEx Conferencing in
Lansing, MI, on Tuesday,January 12, 2021.
Event Address for Attendees:
https:Hlbwlevents.webex.com/lbwlevents/onstage/g.php?MTID=ec2515cbd377187c68417ccaldb6b6365
Event Number for Attendees: 132 470 7852 Event password: Wb3epfSZC85
Audio conference: United States Toll +1-408-418-9388 Access code: 132 470 7852
Committee of the Whole Chair Tracy Thomas called the meeting to order at 5:30 p.m. and asked the
Corporate Secretary to call the roll.
The following Commissioners were present via audio/video:
(COW Chairperson)Tracy Thomas remotely, Lansing, MI
Stuart Goodrich remotely, Holt, MI (arrived @5:40 pm) Beth Graham remotely, Lansing, MI
Douglas Jester remotely, East Lansing, MI Deshon Leek remotely, Lansing, MI
David Lenz remotely, Lansing, MI Larry Merrill remotely, Delta Township, MI
Tony Mullen remotely, Lansing, MI David Price remotely, Lansing, MI
Ken Ross remotely, Charlotte County, Florida Sandra Zerkle remotely, Lansing, MI
Absent: None.
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes
Motion by Commissioner Graham, Seconded by Commissioner Leek, to approve the Committee of the
Whole meeting minutes of November 10, 2020.
A roll call vote was taken:
Yeas: Commissioners Thomas, Graham, Leek, Lenz, Mullen, Price, Ross, Zerkle
Nays: None
Action: Motion Carried.
Strategic Plan 2021—Resolution
Executive Director of Strategic Planning, Ms. Brandie Ekren, reviewed the proposed revisions to the BWL
Mission,Vision and Values for the 2021 Strategic Plan and the proposed priorities, goals and strategies for
the 2021-2025 Strategic Response.
Commissioner Zerkle asked why the vision statement doesn't state that BWL is continuing to improve
carbon neutrality products rather than will provide carbon neutrality products. Ms. Ekren responded that
carbon neutrality is a goal rather than a current condition.
Commissioner Merrill asked whether the Priorities in the 2021-2025 Strategic Response were listed in
order of importance and if they were, Financial Stability should be the most important. He added that a
strong financial position should be attained rather than a viable financial position and that the BWL has a
legal responsibility for the financial stability of the utility but not for the other priorities.
Commissioner Zerkle commented that the priorities may change every day and that importance shouldn't
be placed on any of the priorities.
Commissioner Price commented that without the Financial Stability as the most important priority the
other four priorities aren't achievable.
Commissioner Mullen commented in disagreement that if financial stability isn't placed first that other
four Priorities will fail. If any of the others fail, such as climate and environment, businesses won't move
into the area. Therefore, all of the 2021-2025 Strategic Priorities are interdependent and rely on the
others for success.
Commissioner Leek agreed with Commissioner Mullen that each of the 2021-2025 Strategic Priorities are
important and one should not be ranked over the other.
Chair Price made a motion that the resolution for the Strategic Priorities reflect that Financial Stability
Priority be the first priority and interdependent with the other four priorities. Commissioner Graham
seconded the motion.
Commissioner Jester recommended rewording the Financial Stability Priority to sustaining a financially
viable organization to enable the achievement of the other priorities.
Upon conclusion of the discussion regarding the wording of the Resolution,the Motion by Chair Price and
the Second by Commissioner Graham that was on the floor was withdrawn by the offeror. The resolution
as recommended by Ms. Ekren met the needs for 2021-2025 Strategic Plan.
Motion by Commissioner Price, Seconded by Commissioner Graham, to forward the Resolution for the
Strategic Plan 2021 to the full Board for consideration.
Ms. Ekren added that she would like to make a few small grammatical edits to the Resolution before it
was approved by the Board.
A roll call vote was taken:
Yeas: Commissioners Thomas, Graham, Leek, Lenz, Mullen, Price, Ross, Zerkle
Nays: None
Action: Motion Carried.
Capital Portfolio Process Update
Chief Financial Officer, Ms. Heather Shawa, introduced Finance Manager, Mr. Scott Taylor, and Interim
Manager and Senior Operations Advisor, Ms. Kellie Elford,to provide the Capital Portfolio Process Update.
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Mr. Taylor highlighted the budget and costs amount in the Capital Project Exceedance Approval
(previously approved) Resolution and the project terms and definitions. Ms. Elford described the stages
of a project and the approval steps for managers and directors, followed by the approval process for the
executive staff and Board of Commissioners.
Commissioner Zerkle asked when the deadline is set for the teams to have a project placed in the budget.
Mr. Taylor responded that a continual process is encouraged and the structured process for the six-year
forecast includes an initial submission by November, followed by a multi-step review process and review
board. Projects that emerge during the year that are critical will also be reviewed.
Commissioner Zerkle asked why projects were on the report in Phases 2 and 3 instead of in Phase 4 after
the construction has been approved. Mr. Taylor responded that the projects are entered in Phase 1 as
soon as costs start accruing. GM Peffley responded that Phase 4 is where the Board of Commissioners
review the project, but the previous Phases are for the processes leading up to the Commissioners' review.
Commissioner Mullen asked if the information on the reports could be provided in laymen's terms. GM
Peffley responded that information can be provided in any manner that the Commissioners would like.
Commissioner Lenz commented that the report contains basic information and is provided for oversight
for the Commissioners and so that they are aware of how the projects are monitored before the
Commissioners' review.
Other
Commissioner Mullen asked about the prohibitive cost of stopping the shut off of water, whether there is
not only the fiduciary responsibility the BWL has to pay bills, but also whether there is a fiduciary
responsibility to the City of Lansing to do something more and say this is what the BWL has done to help.
Management will follow up with a response.
GM Peffley informed the Commissioners that the IRP goal of 50% clean energy and carbon neutrality was
not specifically outlined in the 2021-2025 Strategic Plan. While the IRP goals are supported by the 2021-
2025 Strategic Plan,there is an opportunity to update the current environmental sustainability resolution.
The plan is to propose an updated resolution that addresses environmental sustainability in March in the
form of a climate control resolution that emphasis the IRP goals of 50%clean energy and carbon neutrality.
Adjourn
Commissioner Thomas adjourned the meeting at 7:08 p.m.
Respectfully Submitted
Tracy Thomas, Chairperson
Committee of the Whole
Commissioner David Lenz presented the Finance Committee Report:
FINANCE COMMITTEE
Meeting Minutes
January 12, 2021
Due to public safety concerns resulting from the COVID-19 Pandemic,the Finance Committee meeting for
the Lansing Board of Water and Light (BWL) was conducted via WebEx Conferencing in Lansing, MI on
Tuesday,January 12, 2021.
Event Address for Attendees:
https:Hlbwlevents.webex.com/lbwlevents/onstage/g.php?MTID=ec2515cbd377187c68417ccaldb6b6365
Event Number for Attendees: 132 470 7852 Event password: Wb3epfSZC85
Audio conference: United States Toll +1-408-418-9388 Access code: 132 470 7852
Finance Committee Chair David Lenz, called the January 12, 2021, 6:00 p.m. Finance Committee meeting
to order at 7:20 p.m.
Corporate Secretary Griffin took the roll call to acknowledge attendance.
The following Commissioners were present via audio/video:
David Lenz remotely, Lansing, MI (Member) Beth Graham remotely, Lansing, MI (Member)
David Price remotely, Lansing, MI (Member) Ken Ross remotely, Charlotte County FI. (Member)
Stuart Goodrich remotely, Holt, MI Douglas Jester remotely, East Lansing, MI
Deshon Leek remotely, Lansing, MI Larry Merrill remotely, Delta Township, MI
Tracy Thomas remotely, Lansing, MI Sandra Zerkle remotely, Lansing, MI
Absent: None.
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes
Motion by Commissioner Price, Seconded by Commissioner Graham, to approve the Finance Committee
meeting minutes of November 10, 2020.
Motion Carried by the following Roll Call Vote:
Yeas: Commissioners Lenz, Graham, Price, and Ross
Nays: None
Tabled Items from July 21, 2020: REMAINED ON THE TABLE
1) Current Internal Audit Charter, 2) Proposed Internal Audit Charter, 3) Resolution
November YTD Financial Summary
CFO Heather Shawa gave a review of the November 2020 YTD Financial Summary.
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Chief Financial Officer Heather Shawa reported that Total Cash decreased as expected as bond proceeds
were spent down for Delta Energy. Days Cash on Hand ended the month at 231. Debt Service Coverage
was solid at 3.89. FYTD net income was $26.8M, compared to a budget of $5.8M. Net income is over
budget due to under budget department spend and higher than budgeted revenues, relative to fuel and
purchased power costs. Budget Status YTD was 14% underspent, a large factor being $SM due to the
VEBA plan market response.
YTD Capital Budget, excluding Delta Energy Park (DEP), was a higher spend due to a shift in timing of a
boiler back up project at REO. Delta Energy Park, due to COVID19 and some timing from a large
construction manager invoicing, was a little under spend but is expected to increase. DEP series bonds
price had nine times the offerings compared to bonds to be sold.
Chair Lenz asked what the estimate of the COVID19 impact was on the DEP budget. Ms. Shawa and GM
Peffley responded that the impact was $10M and the project is still budgeted at$495M.
YTD RoA is 3.60%,which is greater than budgeted YTD RoA of 1.69%, due to over budget net income, as a
result of the factors noted above. Debt to Total Assets was a little high, as expected, due to bond issuance
and the Bad Debt Ratio is high largely because the allowance was increased at the end of the year. The
other three Ratios are beating the benchmark.
Employee count YTD is 690 and the budgeted YTD is 731. In Payroll Data the Labor$/Hours Worked metric
has remained in line with year prior. Overall YTD benefits costs are underbudget,due to BWL experiencing
lower than expected medical claims.
Commissioner Goodrich asked how many positions are open that would be filled if there were qualified
applicants. Ms. Shawa responded that there are about 25 positions for which HR is actively recruiting.
GM Peffley responded that journeyman/lineworker and IT positions are more difficult to fill.
Bi-Annual Internal Audit Management Response Report Out
Finance Manager, Mr. Scott Taylor, presented the Bi-Annual Internal Audit Management Response
Report Out. Mr.Taylor stated there are two open items and six items that have closed on the report.
The first open item is a recommendation to standardize and centralize storage of purchasing
documentation. The reason it is still open is that the training for this item is rolling out this January. The
second open item is the development of a BWL Performance ERM Status Report. The reason it is still
open is the remaining action of finalizing the measures of the report and it is expected to be completed
by the end of February 2021.
Internal Control Program Overview
CFO Shawa introduced Ms. Elisha Franco, Senior Internal Control Analyst, who presented the Internal
Control Program Overview. Ms. Franco described the function of the Internal Control Department as a
means by which an organization's resources are directed, monitored and measured to prevent and detect
fraud and protect the organization's resources. Ms. Franco explained the differences between the internal
control function and the internal audit function. Ms. Franco provided the 2020-2021 work plan of
reviewing remote work logs, customer projects, reconnection fees, and Fleet fuel operations.
Commissioner Thomas asked whether the Senior Internal Control Analyst position was a new position.
Ms. Franco responded that it was a vacant position before she filled it.
Commissioner Ross asked Ms. Franco to provide insight to how internal control interacts with the internal
auditor. Ms. Franco responded that internal control and internal audit meet biweekly and internal control
provides information to management.
Chair Lenz asked if internal control has its own monthly schedule of items to monitor. Ms. Franco
responded that there are quarterly items to be reviewed every year and additional items can be added by
management. Chair Lenz also asked if additional staffing will be needed to conduct the reviews. Ms.
Franco responded that currently staffing is sufficient.
Internal Audit Status Report
Internal Auditor, Mr. Wesley Lewis, presented the Internal Auditor Status Report.
Audit Progress Report Audit Progress Report(Cont'd) Other Items
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Commissioner Zerkle asked if additional audit personnel have been approved recently. Mr. Lewis
responded that IT audit consultants were approved last year for a vulnerability and cyber-securities audit.
Other
There was no other business.
Adjourn
Chair David Lenz adjourned the meeting at 8:08 p.m.
Respectfully submitted
David Lenz, Chair
Finance Committee
MANAGER'S RECOMMENDATIONS
There were no General Manager recommendations.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
RESOLUTIONS
RESOLUTION 2021-01-01
2021-2025 Strategic Plan: Strategic Foundation Statements (Mission,Vision and Values) & Priorities
Strategic Foundation Statements
Mission
The mission of the BWL is to provide a safe, reliable and affordable utility experience through public
ownership, climate consciousness and innovative strategies.
Vision
The vision of the BWL is a commitment to being the "Utility of the Future" while supporting community
growth. The BWL will provide carbon neutral utility products, services and programs with exceptional
customer service that are financially accessible to all customers.This will be accomplished by utilizing
evolving, cutting-edge technology, as well as partnering with the Greater Lansing region and a highly
skilled, diverse workforce.
Values
Value Meaning Key Attributes
Integrity We provide safe, reliable and • Accountable
affordable service in an ethical and . Well-being
conscientious manner.This • Transparent
responsibility includes our impact on Sustainable
the planet and people we serve.
Innovation We evolve operations by mitigating • Creativity
business and environmental risks with . Visionary
• foresight and agility. . Impactful
• Insightful
Inclusion We celebrate and value differences. • Community
As a corporate citizen that is publicly . Collaborative
owned, contributions from our . Respectful
employees and customers are . Balanced
instrumental to our success.
Initiative We are goal oriented and results • Dependable
• driven. • Proactive
• • Resilient
• Leadership
2021-2025 Strategic Priorities
Priority 1: Customer and Community
Goal: Enhance the customer utility experience and enrich the community we serve
Strategy 1: Measure, monitor and respond to customer feedback and expectations
Strategy 2: Provide innovative and cost-effective utility products, services and programs that leverages
technology
Strategy 3: Support community engagement that includes education,volunteerism and sponsorships
Strategy 4: Promote economic development and regional partnerships that create growth and synergy
Priority 2:Workforce Engagement and Diversity
Goal: Maintain a workforce that embraces safety, is agile, diverse, engaged and prepared to support the
BWL's success
Strategy 1: Cultivate a Generative Safety Culture
Strategy 2: Attract, develop and retain a highly skilled, diverse and culturally intelligent workforce
Strategy 3: Cultivate employee engagement that promotes a positive work environment, professional
development and career growth with emphasis on succession planning
Priority 3: Climate and Environment
Goal: Maintain a leadership role in providing energy solutions that support a sustainable planet
Strategy 1: Enhance and promote policies, practices and standards that support carbon reduction and a
healthy eco-system
Strategy 2: Increase renewable energy portfolio and energy waste reduction
Strategy 3: Support emerging beneficial electrification opportunities
Strategy 4: Enhance sustainable water operations
Strategy 5: Educate customers on BWL's sustainable practices
Priority 4: Operational Resiliency and Continuous Improvement
Goal: Apply principles of operational resilience and continuous improvement to all organizational assets,
such as equipment, people, and knowledge.
Strategy 1: Identify and respond to opportunities for continuous improvement that balance
performance, cost and risk
Strategy 2: Apply industry benchmarks and standards reflecting best practices
Strategy 3: Identify, mitigate and monitor barriers to providing utility services
Priority 5: Financial Stability
Goal: Maintain a financially viable organization
Strategy 1: Continue to refine our rate structure for existing and new customers
Strategy 2: Sustain fiscal and fiduciary responsibility through planning, analysis, policies, practices and
internal controls
Strategy 3: Pursue opportunities and adopt practices that enhance BWL's competitiveness
Strategy 4: Identify, evaluate and implement revenue diversification opportunities
Motion by Commissioner Thomas, Seconded by Commissioner Mullen, to approve the Resolution for the
2021-2025 Strategic Plan: Strategic Foundation Statements (Mission, Vision and Values) & Priorities.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross, Tracy
Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
Commissioner Zerkle asked if there was a release date scheduled for the 2021-2025 Strategic Plan. GM
Peffley responded that a press release will be sent out within a couple days. Ms. Brandie Ekren responded
that a refined document should be ready with two weeks.
RESOLUTION 2021-01-02
City of Lansing Annual Board Ethics Training
WHEREAS, the City of Lansing (COL) has various boards and commissions that are either advisory or have
decision making authority; and
WHEREAS, all City boards and commissions are subject to the City of Lansing ethics ordinance, conflict of
interest policies, and hold meetings that may be subject to the Open Meetings Act, 15.261 et seq;
NOW, THEREFORE, BE IT RESOLVED that, on an annual basis, every Board member of the Board of Water
and Light Board of Commission shall obtain training on the ethics ordinance, conflicts of interest, and the
Open Meetings Act as Adopted by the COL Resolution #2020-190.
BE IT FURTHER RESOLVED that the Office of the Lansing City Attorney shall coordinate such training, and
it may take place in person, or via alternative method, at the discretion of the City Attorney;
BE IT FURTHER RESOLVED that each year, at the Annual Business Meeting a resolution reaffirming this
annual training requirement shall be presented to the Board of Commissioners for consideration, and
upon passage shall be submitted to the City of Lansing for compliance confirmation in accordance with
COL Resolution #2020-190;
BE IT FURTHER RESOLVED that the BWL Rules of Procedure shall indicate the annual training requirements
and issues such as allowing for the suspension of duties of a member if the annual training is not
completed;
Motion by Commissioner Thomas,Seconded by Commissioner Graham,to approve the Resolution for the
City of Lansing Annual Board Ethics Training.
Roll Call Vote:
Yeas: Commissioners David Price, Beth Graham, Deshon Leek, David Lenz, Tony Mullen, Ken Ross, Tracy
Thomas, and Sandra Zerkle.
Nays: None.
Action: Motion Carried.
MANAGER'S REMARKS
General Manager Dick Peffley provided information on the following items:
1. Delta Energy Plan bond closing has been completed and went smoothly.
2. BWL received Moody's periodic rating review which was half of a page of good news regarding
BWL's fiscal responsibility,
3. BWL has been working with the Allen Neighborhood Association on a new micro grid
demonstration and BWL may get the naming rights.
4. BWL just started the six-month Clean Energy campaign which runs on local and cable stations. The
first two months of the campaign consist of clean energy commercials, the next two months are
the Green Wise commercials, and the last two months are the Peffley Solar I Hometown People
Hometown Power commercials.
COMMISSIONERS' REMARKS
Chair Price commented that the links to the commercials on YouTube have been included in the BWL
weekly update.
Commissioner Leek commended Mr. Patrick Walter of the BWL and Sean Eagan from the State of
Michigan Department of Labor for the webinar that was presented on COVID19 Relief, in which there
were 250 participants.
PUBLIC COMMENTS
There were no public comments.
ADJOURNMENT
Chair Price adjourned the meeting at 5:54 p.m.
M.Denise Griffin,Corporate Secretary
Preliminary Minutes filed(electronically)with Lansing City Clerk 01-28-21
Approved by the Board of Commissioners: 03-23-21
Official Minutes filed(electronically)with Lansing City Clerk:3-24-21