HomeMy WebLinkAbout2002 Minutes BWL BOARD OF WATER AND LIGHT
1232 Haco Drive-Lansing, Michigan
Agenda
October 22, 2002—5:30 p.m.
I. Roll Call (Board Commissioners Callen, Duncan, Haggart, Kelson, Marin, Royal, Smith and Wonch (8)
II. Pledge of Allegiance
III. Approval of Minutes
1. Regular Board Meeting of July 23, 2002
2. Special Board Meeting of September 10, 2002
3. Special Board Meeting of October 8, 2002
4. Closed Meeting of October 8, 2002 (minutes to be handed out at meeting)
IV. Public Comments
Members of the public are welcome to speak to the Board on any agenda subject or on any other subject
now, or at the end of the meeting.
V. Communications and Petitions
1. Recognition of BWL Lineman's Rodeo Team
VI. Reports of Committees
1. Human Resources Report (October 3, 2002)—Diane Royal, Chair
a. Resolution—BWL Incentive Program for FY 2003
b. Resolution— Compensation increases for Director of Metrics and Audits and Corporate
Secretary
c. Resolution—Appoint Charter Staff Position
2. Executive Committee Report (October 7, 2002)—Ronald Callen, Chair
a. Resolution— Consider appointment for Interim General Manager position
3. Finance Committee Report (October 15, 2002)—Nancy Duncan, Chair
a. Resolution—Authorizing filing audits
b. Resolution— Solid Waste Disposal Contract w/Granger III and Associates
c. Resolution—Amended Agreement w/ISG Resources
4. Special Committee Report re. Customer Choice (October 17, 2002)— Connie Marin, Chair
a. Resolution expected
VII. Manager's Recommendations
A. Authorize granting three easements to Carrier Creek Drainage District 4326.
B. Approve signing of Continuing Disclosure Certificate for MPPA bond issue.
C. Approve entering into Agreement to Cooperate with Goodyear Tire and Rubber Company and
amend the Consent Decree.
VIII. Unfinished Business
IX. New Business
X. Resolutions
XI. Manager's Remarks
XII. Commissioner's Remarks
XIII. Motion of Excused Absence
XIV. Public Comments
Members of the public are welcome to speak to the Board on any Board of Water and Light subject.
XV. Adjournment
94
Preliminary Minutes—Subject to Board Approval
MINUTES OF THE BOARD OF COMMISSIONERS' MEETING
LANSING BOARD OF WATER AND LIGHT
Tuesday, October 22, 2002
The Board of Commissioners met in regular session at 5:35 p.m. in the Boardroom of the
Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Chairman Ron Callen called the
meeting to order.
Present: Commissioners Ron C. Callen, Nancy W. Duncan, Tim Haggart, Benjamin F.
Kelson, Connie Marin, Robin M. Smith, Nancy A. Wonch -7.
Absent: Diane R. Royal—1
The Secretary declared a quorum present.
All said the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion made by Commissioner Wonch, seconded by Commissioner Duncan, to approve the
minutes of the regular meeting held July 23, 2002.
Carried unanimously.
Motion made by Commissioner Duncan, seconded by Commissioner Haggart, to approve the
minutes of the special meeting held September 10, 2002.
Carried unanimously.
Motion made by Commissioner Duncan, seconded by Commissioner Haggart, to approve the
minutes of the regular meeting held October 8, 2002.
Carried unanimously.
Motion made by Commissioner Wonch, seconded by Commissioner Duncan, to approve the
minutes of the closed meeting held October 8, 2002.
Carried unanimously.
Board Minutes Page 95
October 22, 2002
TRIBUTES
Team members of the BWL'S Lineman Rodeo were introduced and congratulated. The BWL
team placed 5t'in the Michigan competition held at Erickson Station. The BWL team also
competed in the national competition held in Kansas City.
Commissioner Nancy Wonch was congratulated on receiving the prestigious Leo A. Farhat
Outstanding Attorney Award to be presented by the Ingham County Bar Association on
November 11. Chairman Callen noted that Commissioner Wonch will be joining the faculty of
Thomas M. Cooley Law School on November 1.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT
NOW, OR AT THE END OF THE MEETING.
BWL employee Jim Dravenstatt-Moceri of Customer Service reported that over the course of
five months, the Special Committee on Current Water Issues met to discuss the BWL's water
customer choice program and related water construction issues. At that meeting, management
and the union (IBEW Local 352) presented a jointly developed Memorandum of Understanding
for Water Customer Choice, which will be extended to the City of Lansing in the first quarter of
2003. Mr. Dravenstatt-Moceri thanked the Commissioners for their support and commitment to
resolve management and union differences on the program.
BWL employee Ron Byrnes of Electric, Water and Steam Transmission and Distribution
Resource Center, presented a petition signed by 256 BWL employees showing their support of
the Board of Commissioners' decision to terminate the employment of Joseph Pandy, Jr. on
September 10, 2002. Mr. Byrnes noted that there were several employees interested in signing
the petition but chose not to sign it because they feared retaliation or felt that they could not due
to their position in management. Mr. Byrnes further stated that the petition is evidence to the
Board of Commissioners and the community that many BWL employees support the Board, and
they will continue to work hard to be the only utility that customers will accept.
Former BWL employee Jim Harkin, 315 Bingham Street, Lansing, presented information
reported at Board meetings between 1990-1995 regarding nine capital projects that showed an
overrun of$4,594,000. Mr. Harkin stated his belief that the Commissioners at that time were not
given all the information needed to make informed decisions, nor did they ask questions as to
why project costs were revised.
BWL employee Joseph Davis of the Maintenance and Construction Resource Center thanked the
Commissioners for the difficult task they have recently undertaken. He stated that the BWL is
an organization where its strength comes from each individual; and it takes the Commissioners,
management and all employees to make this a successful organization, not just one person.
BWL employee Curt Gates and Business Manager for IBEW local 352 welcomed Ms. Robin
Smith as the newest Board Commissioner. He thanked the team members of the new Incentive
Page 96 Board Minutes
October 22,2002
Program for jointly developing a simplified program that is fair to both customers and
employees. Mr. Gates also thanked Commissioner Marin and all the participants of the Special
Committee on Current Water Issues for all they accomplished in the area of water customer
choice.
Commissioner Callen welcomed Councilmember Harold Leeman, who was in the audience.
HUMAN RESOURCES COMMITTEE REPORT
The Human Resources Committee met on October 3, 2002 at 12:00 Noon to discuss the
following matters:
1. Proposed incentive program for Board of Water and Light employees.
2. Performance Appraisals for the staff positions that report to the Board
3. Board Staff Appointments for Fiscal Year 2003
Present were committee members Royal (Chair), Haggart, Marin, and alternate member Wonch.
Also present were Commissioners Duncan and Kelson.
Board of Water and Light (BWL) Incentive Program. Kellie Willson, Director of Metrics
and Audits, reported that in a February 11, 2002 Memorandum of Understanding with the
International Brotherhood of Electric Workers (IBEW) Local Union 352, management and the
union agreed there would be a new Share the Success Program for fiscal year 2003. The new
program has been developed cooperatively. It is designed to be a simpler program that is fair to
BWL customers and also to employees. It is proposed that the program known as Share the
Success shall be named, simply, as the BWL Incentive Program. The new program will cover all
employees without distinction between those who are in the Bargaining Unit and those who are
not. It is recommended that the new program consist of corporate measures only and the 5.0%
maximum remain unchanged for the duration of the current union contract.
The proposed performance measures for fiscal year 2003 will consist of the following:
availability/reliability, financial performance, customer satisfaction, and safety. The specific
revenue numbers and the anticipated cost at the various bonus levels are being finalized for
review at the next regular meeting. The Memorandum of Understanding provides that, even if
the financial measure is not met, a $100 minimum per employee would be paid for each non-
financial measure that was met.
BWL Incentive Programfor Fiscal Year 2003
(Resolution# 2002-10-1)
RESOLVED, That from 0 to 5.0% of fiscal year base pay be available for Incentive Program
payments to all eligible Non-Bargaining and Bargaining Unit employees.
RESOLVED FURTHER, That the level of BWL return on assets will determine the extent to
which the incentive will be paid. The actual return on asset levels required for incentive
payments will be established by mutual agreement between management and Bargaining Unit
representatives. The specific numbers to be used and the estimated cost to BWL at different
Board Minutes Page 97
October 22,2002
bonus levels will be provided to the Commissioners prior to the October 22, 2002 Board
meeting.
RESOLVED FURTHER, That payouts be based on BWL's performance on its fiscal year 2003
corporate measures in four areas:
1. Availability
2. Reliability
3. Customer Satisfaction
4. Safety
Motion to Convene in Closed Session: By Commissioner Marin, seconded by Commissioner
Wonch, to go into closed session for the purpose of reviewing the performance appraisals of
Director of Metrics and Audits Kellie Willson and Corporate Secretary Mary Sova. (12:30 p.m.).
Approved by a roll call vote:
Yeas: Commissioners Haggart, Marin, Royal, Wonch, Duncan and Kelson
Nays: None
Committee Members Absent: Commissioner Callen.
The Human Resources Committee returned to open session at 12:50 p.m.
By Commissioner Wonch, seconded by Commissioner Duncan, that the following resolutions be
approved:
Resolution on Compensation Increases fo
Director of Metrics and Audits and Corporate Secretary
(Resolution# 2002-10-2)
RESOLVED, That the Director of Metrics and Audits Kellie Willson and Corporate Secretary
Mary Sova are hereby eligible to receive salary adjustments effective as of July 1, 2002.
RESOLVED FURTHER, That pay adjustments for the two positions reporting to the Board are
hereby confirmed, as filed with Human Resources, based on evaluation of employee
performance over fiscal year 2001-02. Pay adjustments are to be awarded in accordance with the
fiscal year 2001-02 performance increase matrix under which pay for performance is being
administered.
Resolution to Appoint Charter Staff Positions
(Resolution# 2002-10-3)
The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director,
Corporate Secretary and Internal Auditor, respectively, at the first regular meeting in July of each
year, be it
RESOLVED, That the Board cast a unanimous vote for the reappointment of the following staff
positions for fiscal year 2002-2003, or, until a successor is appointed, whichever last occurs:
Board Minutes
Page 98 October 22,2002
Internal Auditor - Kellie L. Willson
Corporate Secretary - Mary E. Sova
RESOLVED FURTHER, That the appointment of a Director and General Manager is withheld
pending the results of a nationwide search for a new Director and General Manager.
The meeting adjourned at 12:53 p.m.
Respectfully submitted,
/s/Diane R. Royal, Chair
Human Resources Committee
Moved by Commissioner Duncan, seconded by Commissioner Marin, that the report of the
Human Resource Committee be approved.
Action: Carried unanimously.
Moved by Commissioner Wonch, seconded by Commissioner Marin, on the approval of the
resolution to adopt the BWL Incentive Program for Fiscal Year 2003 (Resolution# 2002-10-1).
Action: Carried unanimously.
Moved by Commissioner Wonch, seconded by Commissioner Duncan, on the approval of the
resolution for Compensation Increases for Director of Metrics and Audits and Corporate
Secretary (Resolution# 2002-10-2).
Action: Carried unanimously.
Moved by Commissioner Wonch, seconded by Commissioner Callen, on the approval of the
resolution to Appoint Charter Staff Positions (Resolution# 2002-10-3).
Action: Carried unanimously.
EXECUTIVE COMMITTEE REPORT
The Executive Committee met on October 7, 2002 at 12 Noon to discuss the Interim General
Manager position.
Committee members present were Commissioners Callen (Chair), Royal (Vice Chair) and
Duncan (Chair Pro Tem).
The committee discussed the position of interim general manager while the search for a new
General Manager is conducted. It was noted that at the September 10, 2002 Special Meeting, the
Board directed William J. Cook to assume the duties of interim general manager on a temporary
basis. The committee agreed that to create an unbiased level playing field on which internal and
external candidates may compete for the General
en g an P osition, the interim generalsrest approach would
manager to lead the
be to recommend to the full Board the appointment o
Board Minutes
October 22,2002 Page 99
organization during the transition period and to assist the executive search committee in its
search and evaluation of candidates for the permanent General Manager position. This process
would ensure that the best possible pool of candidates is attracted and considered for the
position.
Resolution to Consider Appointing
an Interim General Manager
(Resolution# 2002-10-4)
RESOLVED, That the Board consider the appointment of a person to the interim position with
sufficient knowledge of the Board of Water and Light and its operations, but who does not plan
to apply for the permanent position of General Manager.
The meeting adjourned at 1:10 p.m.
Respectfully submitted,
Ronald C. Callen, Chair
Executive Committee
Moved by Commissioner Wonch, seconded by Commissioner Callen, that the report of the
Executive Committee be approved.
Action: Carried unanimously.
Moved by Commissioner Wonch, seconded by Commissioner Callen, on the approval of the
resolution to Consider Appointing an Interim General Manager (Resolution# 2002-10-4).
Action: Carried unanimously.
COMMITTEE OF THE WHOLE REPORT
Present: Commissioners Callen, Duncan, Haggart, Kelson, Marin, Wonch, and Smith. Absent:
Commissioner Royal.
The Commissioners met as a Committee of the Whole on Tuesday, October 22, 2002, at 4:30
p.m. to interview John Elashkar who is under consideration for the Interim General Manager
position. There was a lengthy question and answer period focusing on Mr. Elashkar's
background and experience and discussion on how he would lead the BWL in a direction that is
consistent with the organization's emerging vision.
BY THE COMMITTEE OF THE WHOLE:
Board Minutes
Page 100 October 22,2002
Resolution authorizing the Executive Committee
to Negotiate an Employment Agreement with
John Elashkar to serve as Interim General Mang per
(Resolution 2002-10-5)
BE IT RESOLVED, That the Executive Committee is hereby authorized with the assistance of
the Human Resources Department to negotiate an employment agreement with John Elashkar to
serve as the Interim General Manager of the Lansing Board of Water and Light. The agreement
shall become effective upon execution by the Board of Commissioners and Mr. Elashkar.
The meeting adjourned at 5:33 p.m.
Respectfully submitted,
Nancy W. Duncan, Chair Pro
Committee of the Whole
Moved by Commissioner Duncan, seconded by Commissioner Wonch, that the report of the
Committee of the Whole be approved.
Action: Carried unanimously.
Moved by Commissioner Duncan, seconded by Commissioner Haggart, on the approval of the
resolution to Authorize the Executive Committee
Manager Negotiate
nEmployment
+#2oo2y e t Agreement
with John Elashkar to Serve as Interim Generalg
hn
Discussion: Commissioner Callen stated that he is confidentcontinue tud during this
ser the same with
Jo excellent
Elashkar as the Interim General Manager, the BWLwill
will service to all customers. He emphasized that good commnication Commi Commisust are sioner Callen t at the
continually be addressed with management and employees.
employees are the strength of this organization and along with Mr. Elashkar's leadership,
together they will move the BWL forward.
Action: Carried unanimously.
FINANCE COMMITTEE REPORT
The Finance Committee met on October 15, 2002 at 5:30 p.m. to discuss the following items:
1. Annual Audit Review of BWL Enterprise Fund
2. Water Cost of Service Study
3. Year-To-Date O &M Budget to Actual Comparison
4. Solid Waste Disposal Contract
5. ISG Contract Amendment and Real Property Purchase
6. Internal Audit Report
Committee members present were Commissioners Da (Chair), Wonch, Callen(alternate),
Royal (alternate), and Smith. Absent was Commissioner
Board Minutes
October 22, 2002 Page 101
I. Annual Audit Review of BWL Enterprise Fund
External Auditors, Frank Audia, Robert Edwards and Tricia Walthorn, from Plante & Moran,
presented the results of the audit for fiscal year ended June 30, 2002 for the Board of Water and
Light Enterprise Fund. The BWL received an unqualified opinion, which is the highest level.
Discussion was held on GASB 34 and FASB 71 and the auditors responded to questions by the
Commissioners.
The Finance Committee recommends the following resolution:
Resolution Authorizing Filing Audits
with the City Clerk and the State Treasurer
(Resolution#2002-10-6)
RESOLVED, That the Corporate Secretary be directed to file a copy of the fiscal
year 2002 audit report of the Board of Water and Light Enterprise Fund with the
Lansing City Clerk, Lansing City Council and the Mayor.
RESOLVED FURTHER, That the Corporate Secretary be directed to file copies
of the fiscal year 2002 audit reports of the Board of Water and Light Enterprise
Fund, the Defined Benefit Pension Plan, Defined Contribution Pension Plan and
Retiree Benefit Plan (VEBA), and the reports on auditing procedures with the
State Treasurer as required by the Uniform Budgeting and Accounting Act
(Public Act 2 of 1968, as amended).
Motion by Commissioner Wonch, seconded by Commissioner Smith, to submit the resolution to
the Board for approval.
Carried unanimously.
H. Water Cost of Service Study
Terry Myers from R. W. Beck presented and explained the October 10, 2002 Cost-of-Service
Study of retail and wholesale water. He summarized the study results and its implications. After
lengthy discussion on the study, staff was directed to come up with options to address the study
findings. The Commissioners asked for copies of the wholesale water agreements. They also
asked for analyses of present and future water treatment capacity.
III. Year-to-Date O & M Budget to Actual Comparison
Chief Financial Officer Dana Tousley reported on first quarter 2002-2003 budget projections.
First quarter sales for electric and water exceeded projections. Mr. Tousley spoke on the impact
of low sales of chilled water and the BWL ratchet clause. Questions about the cost of fuel and
coal contracts were raised and responded to by Assistant General Manager Cook. No changes in
the budget were requested and the Committee took no formal action.
Board Minutes
Page 102
October 22,2002
Iy, Solid Waste Disposal Contract
BWL sent Requests for Proposals to 13 vendors for Total Ash
ndor submitted a proposal for TotalMAsh gManagement.componentement or any One bidder,
f
ash management. No ve
at the
Granger III and Associates, submitted a bid for the disposal option.ate D Discussion h
g ss on was held on the
that the bid
bid be accepted, not a g managementand disposal.
han current
regulations affecting
Resolution AuthorizingA greement with
Granger III and Associates LLC
(Resolution# 2002-10-7)
WHEREAS, the Board of Water and Light (BWL) through its electric generation process creates
ash that is required by regulation to be disposed of in a licensed solid waste landfill; and
WHEREAS, Staff solicited and received bids from several e bidders st evaluated bid; and m Granger III
and Associates, LLC (Granger)was determined to be the b
facilities to properly and
WHEREAS, Granger has two Lansing area licensed soh aw licable governmental regulations.
effectively dispose of the BWL s ash in accordance w aste pp
RESOLVED, That the General Manager and Corporate S c eta and the Board of Water and
are authorized to sign the
Agreement between Granger III and Associates, LLC, (Granger)
C g )
Light.
Commissioner Smith, to submit the resolution to
Motion by Commissioner Wonch, seconded by
the Board for approval.
Carried unanimously.
v, ISG Contract Amendment and Real Property Purchase
The agreement with ISG Resources, formerly Michigan Ash, terminated
un natround June
3e0,tank located
2002. The
BWL wishes to purchase a pole barn maintenance building an g
on BWL property from ISG Resources.
Resolution to Amend A gzeemenl with ISG Resources
lformerly Michi an Ash
(Resolution 2002-10-8)
WHEREAS, the Board of Water and Light (BWL) and ISG Resources (ISG) entered into an
a reement dated December 16, 1997 (Agreement), whereby ISG was s mirage tank)tted to e certain
facility improvements (pole ole barn maintenance building and underground
he
BWL's premises at 7000 Millett Highway and at the termination of the Agreement, ISG was
obligated to remove all facility improvements; and
WHEREAS, the Agreement terminated on June 30, 2002, and the BWL desires to release ISG
and
from its existing obligation to remove the facility improvement,
Board Minutes
October 22,2002 Page 103
WHEREAS, ISG desires to sell the facility improvements to the BWL for$25,000.
WHEREAS, the BWL may acquire property, real and personal, in accordance with the Lansing
City Charter.
RESOLVED, That the General Manager and Corporate Secretary are authorized to sign the
amended Agreement and release Michigan Ash from its obligation to remove the facility
improvements.
RESOLVED FURTHER, That the General Manager and Corporate Secretary are authorized to
purchase the facility improvements on behalf of the BWL for $25,000.
Motion by Commissioner Wonch, seconded Commissioner Smith, to submit the resolution to the
Board for approval.
VI. Internal Audit Report
Director of Metrics and Audits Kellie Willson reported on the status of the following issues:
1. City Ethics Ordinance: A task force has developed procedures for investigating and
following up on complaints of ethics violations. Articles on awareness of ethics
issues are being distributed to managers, supervisors and directors. More formal
training will be offered to all staff' Ethical behavior has to be modeled from top
management.
2. Water Customer Choice: A special committee with management and union
representation has been meeting to resolve operational and inspection issues. Ms.
Willson expressed concern with one pilot project; the issues will be addressed and
should be resolved in future projects.
Commissioner Royal commended Ms. Willson for following up on the ethics issue. She
reiterated that ethics should be modeled from the top, and that Commissioners share in that
responsibility. Commissioners Duncan and Royal emphasized the importance of beginning
formal training soon.
The meeting adjourned at 7:52 p.m.
Respectfully submitted,
Nancy W. Duncan, Chair
Finance Committee
Moved by Commissioner Duncan, seconded by Commissioner Wonch, that the report of the
Finance Committee be approved.
Action: Carried unanimously.
Moved by Commissioner Duncan, seconded by Commissioner Smith, on the approval of the
resolution to Authorize Filing the Audit Reports (Resolution# 2002-10-6).
Board Minutes
October 22,2002
Page 104
Action: Carried unanimously. ssioner Smh, on the royal of the
Moved by Commissioner Duncan, seconded by v,th Granger III and Associates (Resolution #
resolution for a Solid Waste Disposal Contract
2002-10-7).
Action: Carried unanimously. n the p roval of the
Moved by Commissioner Duncan, seconded by (Resolution Commissioner Wo # 2,002 l0 8).a p
resolution to Amend the Agreement with ISG Resources
Action: Carried unanimously.
REPORT OF THE SPECIAL COMMITTEE
ON CURRENT WATER CONSTRUCTION ISSUES
Present Commissioners: Connie Marin (Chair), Tim Haggart
Management: Bill Cook, Virginia Cluley,Doug
Wood
Bargaining: Curt Gates, Joe Davis,iWillsonD, Rosemary Sullivan
Others: Mary Dwyer, K
Absent Commissioner: Ron Callen
Comrmtt ee Chair, Connie Marin, called the meeting to order at le r joint meeting grin asked the
Management and Bargaining Unit to update the committee on t J
members gave an update on the two pilot programs. The Pentecostal Church
ManagementilotProject-
project
went well. Combined Van Lines was expanded follow-u did
Commis one Marin when
Director of Metrics and Audits Kellie Willson wil p
the ec Combined Van Lines Project is completed and all costs are n. o watis doneer incorrectly choice
re
projects will be bid in the future, what the BWL addressed for ongoing projects.right an
issues that need to be add
bers spoke of safety concerns for BWL customers. The awa e that he evel and e nu bet of
Union me m p
inspectors need to be continually addressed. Contractors need provides high quality service. The
viable competitor for customer choice projects and that BWL
BWL is called first when there are water problems,
thus the service relationship is continually
maintained with customers. This is a relationship that outside contractors do not have.
orandum of
Discuss
ion was held on the Draft Water Customer Choice Meurer choice n he City of Lansing(copy
attached). Management and Union agree to offer water custo
March 31 2003. This will provide sufficient time to train and follow up on unfinished issues.
by Ma ,
Commissioner Marin asked for each committee member's comments.
. s for the time
Commissioner Marin thanked the union and management represent ttee on Current Wa d=heir
willingness to work together. She will report on the Special o
Board Minutes
October 22,2002 Page 105
Construction Issues at the October 22 Board Meeting. She expressed the importance of keeping
the doors open for dialogue and ongoing communication. Ms. Marin requested that a resolution
be prepared for the Board Meeting on October 22. Assistant General Manager Bill Cook agreed
to draft the resolution. g
The meeting was adjourned at 1:15 PM.
Respectfully submitted
Connie Marin, Chair
Special Committee on Current Water Construction Issues
Water Customer Choice
(Resolution#2002-10-9)
WHEREAS, concerns about the quality and reliability of water construction under the Board of
Water and Light's Water Customer Choice program have been expressed; and
WFIEREAS, on May 28, 2002, the Board of Commissioners resolved to undertake two pilot
projects within the City of Lansing for a six-month period utilizing Water Customer Choice and
further resolved staff to gather data on the two pilot projects and to establish a database; and
WBEREAS, on May 28, 2002, the Board of Commissioners Chairman created a Special
Committee on Current Water Issues to look at water main construction concerns; and
WFIEREAS, the Board's Special Committee on Current Water Issues has met over the course of
the last several months to investigate issues associated with water main construction and
concludes that the Board's management and the MEW Local 352 have put in place appropriate
processes and an action plan to protect the water quality, reliability and fiscal responsibilities of
the Board of Water and Light for the Water Customer Choice program.
RESOLVED, That the Board of Water and Light Water Customer Choice program be expanded
to include the City of Lansing by March 31, 2003.
Staff Remarks: The Board's Special Committee on Current Water Issues has met over the course
of the last several months to investigate issues associated with the Board's Water Customer
Choice program and the City of Lansing's CSO program. The Committee on Current Water
Issues concludes that the Board's management and the MEW Local 352 have put in place
appropriate processes and an action plan to protect the water quality, reliability and fiscal
responsibilities of the Board of Water and Light for the Water Customer Choice program. Upon
Board approval, the Board's management and MEW Local 352 will be signatory to a
Memorandum of Understanding (MOU) outlining provisions covering the Water Customer
Choice program for all of its service area by March 31, 2003. The MOU also provides that
Board management and the MEW Local 352 are committed to work together to resolve
outstanding CSO issues by April 2003.
Moved by Commissioner Marin, seconded by Commissioner Kelson, that the report of the
Special Committee on Current Water Construction Issues be approved.
Board Minutes
October 22,2002
Page 106
Action: Carried unanimously. nded by of the
Commissioner Smith, on the approval
Moved by Commissioner
se o er Customer Choice (Resolution# 2002-10-9).
resolution to adopt t Resolution
Commissioner Marin thanked management and union participants toor a conpnuelto
Discussion: Commathey
report. She noted that both sides reached ussion was heldson taaini g inspectors to assure they are
communicate and work together. Disc
qualified.
Action: Carried unanimously.
R'S RECOMMENDATIONS
GENERAL MANAGE
le in the Office of the Corporate Secretary.
Background
materials on items presented are on fi
Resolution# 2002-10-10 R CREEK
GRANT OF EASEMENT— CARRY requested the Board of Water and Light
Carrier Creek Drainage District �n connection6 (Carrier the construction, operation,eek) has maintenance
(BWL) to grant several easements
and improvement of a county drain; and
Carrier Creek's request the Board of Commissioners, pursuant not needed efor BWL solution o
In response to Ca interests were 2001-7-11 and 2001-7-12, declared that certain property
operations; and
on, Carrier Creek changed its drain design route and is now
Subsequent to the Board's declarati
requesting new easements for the drain; and
BWL staff has de
termined that the below described property interests are not needed for the
operation of the BWL and may be utilized by Carrier Creek; and it market
ff has conducted an appraisal of the property interests and determined the fa
BWL sta
value to be $31,700 in total; and
incurred staff administrative costs reviewing this matter and may recover such
The BWL has inc
costs up to $3,000.
RESOLVED, That the
below described property interests are not needed for the operation of the
Board of Water and Light (BWL); and
That the Board of Commissioners hereby authorizes the granting of
RESOLVED FURTHER, operation,
in consideration of the payment of$31,700
three easements to Carrier Creek Drainage District act 9326 for the construction,
maintenance, and improvement of a county drain
plus staff administrative costs not to exceed $3,000; and,
Board Minutes
October 22, 2002 Page 107
RESOLVED FURTHER, That the Corporate Secretary is directed to transmit notice of this
authorization to the City Clerk and submit the easement to Lansing City Council fora approval;
and,
PP ,
RESOLVED FURTHER, That this grant of easements is subject to the approval of Lansin Ci
Council and any other limitations contained in the Lansing City Charter and Codified g ty
Ordinances; and
RESOLVED FURTHER, That the proceeds from this grant of easements shall remain with th
funds and accounts of the BWL; and e
RESOLVED FURTHER, that Resolution No. 2001-7-11 and Resolution No. 2001-7-12 are
hereby rescinded.
Proper. Descriptions
The Property owned by the Board of Water and Light is located at the street address 3725
ip, County of Eaton, State of Michigan and legallyS
Canal Road, located in Delta Townsh
described as:
Board of Water and Light-owned Property:
Beginning at the Center of Section 34, T. 4 N., R. 3 W., Delta Township, Eaton Count
Michigan: thence S 89°58'53" E 660.24 ft. along the east-west 1/4 line of Section 34; thence S
27021'43"E 893.10 fl.; thence N 61.39'11"E 284.86 ft.; thence N 55036'28"E 1597.68 ft.
more or less, to the east line of section 34; thence S 00003'24"E 36.33 ft. on the section line;
thence S 55°36'28" W 3192.57 ft., more or less, to the north-south 1/4 line; thence alongth '
north-south 1/4 line N 00011'34" W 1595.36 ft., more or less, to the Point of Beginnin e
g
And Board of Water and Light-owned Property:
West 1/2 of Section 34 except Highway land & except Canadian National Railroad land &
except commencing 325 ft. West of the N.E. corner of the N.W. 1/4 of Section 34; thence W 330
ft.; thence S 660 ft.; thence E 330 ft.; N 660 ft. to Beg. & also except that part lying
Southeasterly of the railroad land, all on Section 34, T. 4 N., R. 3 W., Delta Township,p, Eaton
County, Michigan.
EASEMENT AREA DESCRIPTIONS:
Overflow Drain
Commencing at the Center of Section 34, T. 4 N., R. 3 W., Delta Township,
Eaton County, Michigan: thence S 89°58'53"E along the east-west 1/4 line of
said Section 34 a distance 16.09 ft., thence S 34°23'22"E 774.00 ft.; thence S
11 003'45" E 299.48 ft.; thence S 34023'22"E 201.42 ft. to the Easement Area
Point of Beginning: thence S 55036'28" W 45 ft.. thence S 34023'22"E 60 ft.,
more or less, to the northerly line of Canadian National Railroad land; thence N
Board Minutes
Page 108 October 22,2002
55036'28" E along said northerly railroad line 4001 thence N 34°23'22" W 60
ft.; thence S 5596'28" W 355 ft., more or less, to the Easement Area Point of
Beginning.
BypT ass Drain # 1
st-west 1/4 line of Section 34, T. 4 N., R. 3 W.,
Beginning at a point on the ea
Delta Township, Eaton County, Michigan that is S 89058'S3" E 16.09 ft. from
the Center of Section 34: thence continuing on said 1/41ine S 89058'53" E 60.60
ft.; thence S 34°23'22" E 750.08 ft.; thence S 11°03'45" E 299.48 ft.; thence S
34023'22" E 251.09 ft., more or less, to the northerly line of Canadian National
Railroad land; thence S 55036'28" W along said northerly railroad line 95 ft.;
thence N 34023'22" W 60 ft.;thence N 55036'28" E 45 ft.; thence N 34°23'
W 201.42 ft.; thence N 11003'45" W 299.48 ft.; thence N 34°23'22" W 774 ft.,
more or less, to the Point of Beginning.
Bypass Drain # 2
Beginning at the intersection of the south line of Millett Highway and the north-
south 1/4 line of Section 34, T. 4 N., R. 3 W., Delta Township, Eaton County,
Michigan, said P.O.B. being 33 ft. southerly
1/4tl e North
ft.;/4 corner of Section
34: thence southerly along said north
ence
Northwesterly 167.1 ft., more or less, to a point on the south right of way line of
Millett Highway that is 25 ft. west of the Point of Beginning; thence East along
the south right of way line of Millett Highway 25 ft. to the Point of Beginning.
mmission to
erate
Staff Remarks: These easements will permit the
he existing ton County Drain ower plant building ding and coal supplya
certain county drain in a location easterly oft g P
trackage. This Resolution amends and replaces Resolutions Drain001 Commission has been passed
last year (the drain design route sought by the Eaton Countyly
changed since those resolutions were passed.) The lines on rd of Water and Light cAreastand pmay erates
water lines, electrical lines and communications parts of the Easement
have the need in the future to install additional facilities within
may be Easement Areas.e t me andminedia
access to any of these existing or future additional facilities Y be necessary at any he
therefore, as a condition of granting the easement,ditional staff ll require provisions facilties within the Easement tAreas.
BWL immediate access and the ability to install ad
Moved by Commissioner Kelson, seconded by Commissioner Marin, on the approval of the
resolution to Grant an Easement to Carrier Creek (Re
solution# 2002-10-10).
Discussion: Assistant General Manager Cook stated that easements were issued previously to
Carrier Creek, but now the location is being changed.
Action: Carried unanimously.
Board Minutes
October 22, 2002 Page 109
Resolution# 2002-10-11
CONTINUING DISCLOSURE CERTIFICATE
RESOLVED, That the attached resolution authorizing the General Manager or the Chief
Financial Officer to sign a continuing disclosure certificate in connection with the issuance of
bonds by the Michigan Public Power Agency (MPPA), be approved.
Staff Remarks: The continuing disclosure certificate is also enclosed. Each member city of
MPPA is being asked to approve a similar resolution. MPPA is refunding (refinancing) all
outstanding Belle River bonds. Depending on the interest rate, this should save the BWL
considerable purchased power expense. The exact savings will be available after the bonds are
sold next month.
Moved by Commissioner Wonch, seconded by Commissioner Marin, on the approval of the
resolution on Continuing the Disclosure Certificate (Resolution# 2002-10-11).
Discussion: Chief Financial Officer Dana Tousley stated that current interest rates are not yet
available. He stated that this will be a savings to MPPA. The BWL is one of nine members that
need to approve the disclosure certificate.
Action: Carried unanimously,
Resolution# 2002-10-12
AGREEMENT TO COOPERATE WITH GOODYEAR TIRE AND RUBBER
COMPANY AND AMEND THE CONSENT DECREE
The Board of Water and Light (BWL) is a Potentially Responsible Party (PRP), nominally
responsible for contamination at the Motor Wheel Superfund site (Site); and
The BWL, along with other PRPs, signed a Consent Decree related to the cleanup of this Site on
November 11, 1993, and the decree was entered by the United States District court on November
11, 1994; and
Goodyear Tire and Rubber Company, one of the PRPs, has agreed to indemnify the BWL, and
remediate the contamination from this Site; and
The remediation strategy of Goodyear may involve shutdown and replacement of certain low-
priority BWL water production wells; and
Goodyear has requested the BWL to cooperate in this remediation effort by allowing the
shutdown and replacement of low-priority BWL water production wells at no cost to the BWL;
and
Board Minutes
October 22,2002
Page 110
BWL and Goodyear wish to memorialize this understanding by signing an"Agreement to
Cooperate," and
Coo erate has been approved by Goodyear, and is part of an overall resolution
The Agreement to p Su erfund section, Safe
approved by governmental agencies and reviewers (USEPA, MDEQ P
drinking Water Act authorities); and
to Coo the Consent Decree; and
The AgreementCooperate is tied, in part, to the Amendment to P
The Board is responsible to manage water services in a manner consistent with the best practices.
RESOLVED,
That the General Manager and Corporate Secretary are authorized to sign the
Agreement to Cooperate; and are authorized to
RESOLVED FURTHER,
That the General Manager and Corporate Secretary
sign the Amendment to Consent Decree.
This Agreement is necessary to help ensure an effective and timely clean up of
Staff Remarks: T g
water wells
inkin water source. BWL drinking pu aut in place Without our
the BWL s drinking anym
gallons of water a day, and would overpower
of rpro system would pull the contamination tot and mitds igate
wells.
cooperation, the normal operation
Through this Agreement, Goodyear would protect ells by he installation finoncianewpwells. After
any lost capacity due to shutdown of requestedwells that had been shut down will
remedial efforts have restored the drinking water source, any
be able to be put back in to service.
Commissioner Kelson, on the approval of the
Moved by Commissioner Wonch, seconded by and Amend the Consent
resolution to Cooperate with Goodyear Tire and Rubber Company
Decree (Resolution# 2002-10-12).
Assistant own
General Manager Cook reported that the B -e�'"sla e shutting
t that
Discussion: Assll compensate the for this.
some wells and Goodyear ells and clean up the original wells.
Goodyear will replace the w
Action: Carried unanimously.
UNFINISSED BUSINESS
None.
OLD BUSINESS
None.
Board Minutes
October 22, 2002 Page 111
NEW BUSINESS
None.
RESOLUTIONS
None
ASSISTANT GENERAL MANAGER'S REMARKS
BWL Water Cross Connection Program. The BWL is filing a new Cross Connection
Program with Michigan Department of Environmental Qualityne
physical interconnection, arrangement or condition of acustmer'ss Plumbing througross h which t is a
Potable water furnished by the BWL's distribution system could become contaminated if
backflow gets into the system. This update will include more in g Which the
industrial and commercial customers. Discussion was held on charging ncu tmers f currently involves
inspections and repeat inspections. The new state plumbing code requires earl inspections
the
the owners cost. BWL should dialogue with the City on this issue, yearly pections at
BWL vs Pathway. A lawsuit was filed last week against the manufacturer of the steam main
joints for the 20" steam line to General Motors. In year 2000, there was a catastro
the steam line and this has been ongoing since then. phic failure of
Sunset and Comfort Property. The Commissioners asked what kind of contamination
was
at the Sunset and Comfort Street property. Environmental Services Manager Nick Burwe found
responded that the draft information given to us by the City's consultant indicated some mell
t
contamination that would be expected from ash, such as Cadmium, Selenium, Zinc and Lead.
addition, unexpectedly high levels of Arsenic were reported. The information from the In
indicated that a World War II munitions plant was located on or near the site, which City also
may explain
some of the contamination levels. Even after a final report is received from the City's consult
it will likely be another 18 months before the extent of the contamination is known. ant,
because the environmental investigation procedure is defined by regulations and ma This
drilling wells, soil borings, sampling, etc. y include
COMMISSIONERS' REMARKS
Commissioner Smith commended Commissioner Marin, who served as chair of the Special
Committee on Water Issues, for her leadership in coordinating efforts between management
the union, which resulted in an amicable Memorandum of Understanding on Water Customand
Choice. er
Commissioner Wonch commended BWL employees including Director of Metrics and
Audits
Kellie Willson and Corporate Secretary Mary Sova for their assistance to the Commiss
ioners
Board Minutes
October 22,2002
Page 112 ressed her appreciation to all employees for their ability to not just
during this bush tcollaboratexand truly work together'cooperate but
Water
commended the Special Committee on ill be rea
job in resolving differences. ched on the
Commissioner Haggart also excellent
' He expressed confidence that resolution w
J
remaining issues.
thanked the committee members who served on the Special Committee on
Commissioner Marin together as a team.
Water Issues. She challenged the committee to continue working g t on October 2 to discuss
Callen reported that the Commissioners held a retr of the attributes discussed for
Commissioner eneral manage
the qualities and characteristics of a new g affirming, to trust and to be able to beHaving
trusted.
the new general manager are openness, honesty, something they can support and
That person should
be able to embrace diversity and focus on cS so mer satisfaction. Having
candidate know if this 1
issues identified will help a prospective
then lead the BWL in the direction that has been established.
stated that he is pleased with the new direction the BWL is taking. He
Commissioner Kelson relocating to Atlanta, Georgia in November where. h thelll Board of continue his
announced that he will be relo g
d wished the Commissioners continued success in
employment with General Motors. He staved that he found his a 1 latlo
Commissioners a rewarding experience,
sward.
their endeavor to move the BWl-
devotion and courage during this
Commissioner Callen thanked Mrr.searches for a new ger his ne al manager.
time of transition as the BWL sea
EXCUSED ABSENCE
' ner Duncan and seconded by Commissioner Haggart, that the absence
On motion by Commisslo
of Commissioner Royal be excused.
Carried unanimously.
PUBLIC COMMENTS
THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
THE CHAIR ANNOUNCED OF WATER AND LIGHT SUBJECT.
SPEAK TO THE BOARD ON ANY BOARD
mbined Van Lines commended the BWL on opening the lines of
David Nicklesen of Co Mr.Nickleson expressed his
communication with regard to customer choice projects.ned to e
results of the Combi Van Lines project
friendly.
c noted
ted that he is
satisfaction with the finalto become more
encouraged with the major strides taken by BWL
Rick Hookstra, owner of H ookstra Company and construction manager for the Compection bined es lean
Project, spoke on the importance of having cl and pontractors.rational n Mr.
sHookst a expressed his
Lines prof P
place for better project coordination between B
Board Minutes
October 22, 2002
Page 113
support for water customer choice in Lansing and thanked management and the union f
resolving their differences on the customer choice program. This effort will improve
for overseeing projects that utilize private contractors and ensures trained B or
inspect the projects. P ove the process
WL inspectors will
BWL employee Curt Gates stated that he continues to be impressed with the
of Board of Water and Light Commissioners serving on the Board. e distinguished group
appreciation to hear the Commissioners say that they would like the BWL to returnHe expressed his
huge happy family. He applauded the Commissioners for their support and to being a
efforts.
ADJOURNMENT
On motion by Commissioner Wonch, seconded by Commissioner Haggart, the meeting
adjourned at 7:10 p.m,
/s/Mary E. Sova, Secretary
Filed with Lansing City Clerk
October 31, 2002
18:17 MAR 07, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203
491978 PAGE 2i5
Page 20 March 5,2002
Board Minutes
Preliminary Minutes—Subject to Board Approval
MINUTES OF THE BOARD OF COMMISSIONERS' SPECIAL MEETING
LANSING BOARD OF WATER AND LIGHT
Tuesday,March 5, 2002
The Board of Commissioners met in Special Session in the Boardroom of the
Administrative Offices, 1232 Haco Drive,Lansing, Michigan.
Present: Commissioners Ronald C. Callen, Ernest J. Christian, Nancy W. Duncan, Tim
Haggart, Diane R. Royal and Nancy A Wonch.
Absent: Commissioners Charles M. Creamer and Connie Mann.
Chairperson Callen called the meeting to order at 5:30 p.m. He announced that the
purpose of the special meeting was to consider the report of the Human Resources
Committee.
The Secretary declared a quorum present.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME
TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER
SUBJECT NOW, OR AT THE END OF THE MEETING.
No persons spoke.
HUMAN RESOURCES COMMrFTEE REPORT
The Human Resources Committee met on Thursday,February 28, 2002 at 2:00 p.m. to
interview candidates to provide management consultation services to the Board of Water
and Light.
Committee members present were Commissioners Diane Royal, Ron Callen (arrived at
3:30 p.m.)Tim Haggart, and Connie Marin.
On January 22, 2002, the Commissioners adopted a resolution(2002-1-2)to engage an
outside consultant to assist the Commissioners and the General Manager in reviewing the
set goals, objectives, and measurement mechanisms for the General Manager. Retaining
18: 17 MAR 07, 2002 ID: BORRD OF WATER & LIG TEL NO: (517) 702-6203
#91978 PAGE 1i5
BOARD OF WATER AND LIGHT PO Box 13007, Lansing,M148901
�` FAXMar 7, 2002 6
Date: Thursday,
WATERTLIGHT
Number of pages including
cover sheet:
owl
To: City Clerk's Office From: Mary Sova
P
Phone:
Phone:
Fax:
377-0068 Fax hone: (517)702-6203
CC:
REMARKS: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment
Attached are minutes of a Special Meeting
of the Board of Water and Light. An original
was mailed to your office today for filing.
Thank you.
P.01
Page 75
Prelindnary Minutes—Subject to Board Approval
MINUTES OF THE BOARD OF COMMISSIONERS' SPECIAL MEETING
LANSING BOARD OF WATER AND LIGHT
Tuesday, October 8, 2002
The Board of Commissioners met in Special Session in the Boardroom of the
Administrative Offices, 1232 Haco Drive, Lansing, Michigan.
Present: Commissioners Ronald C. Callen, Nancy W. Duncan, Tim Haggart, Connie
Marin, Diane R. Royal, Robin M. Smith, and Nancy A. Wonch.
Absent: Commissioner Benjamin Kelson.
The Secretary declared a quorum present.
Chairperson Callen called the meeting to order at 5:30 p.m. He announced that the
purpose of the special meeting was to discuss a confidential written legal opinion in
closed session.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME
TO SPEAK TO THE BOARD ON THE SUBJECT OF THE SPECIAL MEETING.
No persons spoke.
CLOSED SESSION
Moved by Commissioner Royal, seconded by Commissioner Marin, that the Board move
into Closed Session to discuss a confidential written legal opinion (5:35 p.m.)
Action: Adopted by roll call vote:
Yeas: Commissioners Callen, Duncan, Haggart, Marin, Royal, Smith
and Wonch.
Nays: None
Abstentions: None
Absent: Commissioner Kelson.
Page 76 Special Meeting
October 8,2002
OPEN SESSION
The Board returned to open session at 8:58 p.m.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME
TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT.
No persons spoke.
EXCUSED ABSENCE
There being no objection,'the absence of Commissioner Kelson was unanimously
approved.
ADJOURNMENT
On motion by Commissioner Wonch, seconded by Commissioner Royal, the meeting
adjourned at 8:59 p.m.
Is/Mary E. Sova, Secretafy
Filed with Lansing City Clerk
October 14, 2002
Page 72
Preliminary Minutes—Subject to Board Approval
MINUTES OF THE BOARD OF COMMISSIONERS' SPECIAL MEETING
LANSING BOARD OF WATER AND LIGHT
Tuesday, September 10, 2002
The Board of Commissioners met in a Special Meeting in the Boardroom of the
Administrative Offices, 1232 Haco Drive, Lansing, Michigan.
Present: Commissioners Ronald C. Callen,Nancy W. Duncan, Tim Haggart, Benjamin
Kelson, Connie Marin, Diane R. Royal and Nancy A. Wonch.
Absent: (The 3rd Ward seat is currently vacant.)
The Secretary declared a quorum present.
All said the Pledge of Allegiance.
Chairperson Callen called the meeting to order at 5:30 p.m. He announced that the
purpose of the special meeting was to discuss the employment agreement of Joseph
Pandy, Jr.
APPROVAL OF MINUTES
Motion made by Commissioner Wonch, seconded by Commissioner Duncan, to approve
the minutes of the special meeting and closed meeting held September 5, 2002.
Carried unanimously.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME
TO SPEAK TO THE BOARD ON THE SUBJECT OF THE SPECIAL MEETING.
No persons spoke.
Special Meeting Page 73
September 10,2002
EMPLOYMENT AGREEMENT OF JOSEPH PANDY, JR.
Chairman Callen recognized Commissioner Royal, who reported that all of the
Commissioners have previously been provided with copies of the Employment
Agreement of Joseph Pandy, Jr. throughout the years at various times according to their
appointment on the Board. She stated that the Corm-nissioners have had plenty of time to
consider it and to address issues that they feel were a problem. She noted that none of the
current Commissioners were serving on the Board at the time the Employment
Agreement was signed in 1992. Commissioner Royal stated that from her understanding
of the law a previous Board cannot bind successor Boards in their governmental duties.
In this regard, it is also her understanding of the law that the employment and
appointment of a person is a governmental act. Consequently, it is her belief that the
1992 Employment Agreement is invalid. She noted that the Board's authority to hire and
terminate the Director, also called General Manager, is delegated broadly by the City
Charter in Section 5-202.1, which states that: "The Board shall appoint a Director who
shall be responsible to the Board for carrying out the duties assigned by the Board and
shall serve at its pleasure." Commissioner Royal further stated that when a public
employee serves at the pleasure of the Board, that means that person is an at-will
employee, which allows the Board to hire and terminate that employee without cause.
Moved by Commissioner Royal, seconded by Commissioner Wonch, that the 1992
Employment Agreement between the Board and Joseph Pandy, Jr. be declared invalid
and that pursuant to the powers of the Board derived from Section 5-202.1 of the City
Charter, that Joseph Pandy Jr.'s at-will employment be terminated as of today.
Discussion: Commissioner Wonch stated that it is also her understanding of the law that
the contract is not binding on this Board simply because of the evergreen portion. She
expressed her belief that it seriously hampers the Board's ability to govern the Board of
Water and Light in the best interest of the constituents in the manner provided by the City
Charter. She agreed with the comments of Commissioner Royal and indicated she feels
the Employment Agreement was void from the beginning.
Action: The motion was adopted by roll call vote:
Yeas: Commissioners Callen, Duncan,Haggart, Kelson, Marin,Royal, Wonch.
Nays: None
Absent: None
Commissioner Royal proposed that the Board needs to have someone given permission to
at least on an interim basis assume the duties of the General Manager.
Moved by Commissioner Royal, seconded by Commissioner Haggart, that the Board
direct Bill Cook to assume the duties of interim General Manager with appropriate
limitations as to be determined by the Board of Commissioners. One of those conditions
Page 74
is that personnel changes can only be made with the concurrence of the Board of
Commissioners.
Discussion: Commissioner Royal stated that it is important for the employees to
understand that there is someone who will be acting as the interim General Manager. It is
equally important that, as much as necessary, the status quo with respect to employee
security remain the same until the Commissioners take action on the direction to be
taken.
Action: Adopted by roll call vote:
Yeas: Commissioners Callen, Duncan, Haggart, Kelson, Marin, Royal, Wonch.
Nays: None
Absent: None
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME
TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT.
No persons spoke.
ADJOURNMENT
There being no objection, the meeting adjourned by unanimous consent at 5:47 p.m.
/s/Mary E. Sova, Secretary
Filed with Lansing City Clerk
September 11, 2002
Page 69
MINUTES OF THE BOARD OF COMMISSIONERS' SPECIAL MEETING
LANSING BOARD OF WATER AND LIGHT
Thursday, September 5, 2002
The Board of Commissioners met in Special Session in the Boardroom of the
Administrative Offices, 1232 Haco Drive, Lansing, Michigan.
Present: Commissioners Ronald C. Callen, Nancy W. Duncan, Benjamin Kelson,
Connie Marin, Diane R. Royal and Nancy A. Wonch.
Absent: Commissioner Tim Haggart. (The 3Td Ward seat is currently vacant.)
The Secretary declared a quorum present.
Chairperson Callen called the meeting to order at 5:30 p.m. He announced that the
purpose of the special meeting was to discuss a confidential written legal opinion in
closed session.
CLOSED SESSION
Moved by Commissioner Wonch, seconded by Commissioner Marin,that the Board
move into Closed Session to discuss a confidential written legal opinion (5:40 p.m.)
Action: Adopted by roll call vote:
Yeas: Commissioners Callen, Duncan, Kelson, Marin, Royal, and Wonch.
Nays: None
Abstentions: None
Absent: Commissioner Haggart.
The Board returned to open session at 7:25 p.m.
Moved by Commissioner Royal, seconded by Commissioner Wonch, that another special
meeting be scheduled to discuss the Employment Agreement of Joseph Pandy, Jr.
Commissioner Royal will contact General Manager Pandy to advise him of the special
meeting.
Page 70 Special Meeting
September 5,2002
EXCUSED ABSENCE
There being no objection, the absence of Commissioner Haggart was unanimously
approved.
ADJOURNMENT
There being no objection, the special meeting adjourned by unanimous consent at
7:40 p.m.
Is/Mary E. Sova, Secretary
Filed with Lansing City Clerk
September 11, 2002
Page 70 Special Meeting
September 5,2002
EXCUSED ABSENCE
There being no objection, the absence of Commissioner Haggart was unanimously
approved.
ADJOURNMENT
There being no objection, the special meeting adjourned by unanimous consent at
7:40 p.m.
Is/Mary E. Sova, Secretary
Filed with Lansing City Clerk
September 11, 2002
69
MINUTES OF THE BOARD OF COMMISSIONERS' MEETING
LANSING BOARD OF WATER AND LIGHT
Tuesday, July 23, 2002
The Board of Commissioners met in regular session at 5:35 p.m. in the Boardroom of the
Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Chairman Ron Callen called the
meeting to order.
Present: Commissioners Ron C. Callen,Nancy W. Duncan, Tim Haggart, Benjamin F.
Kelson, Connie Marin,Diane R. Royal (via speakerphone), Nancy A. Wonch-7.
Absent: None
The Secretary declared a quorum present.
All said the Pledge of Allegiance.
Chairman Callen welcomed Benjamin Kelson as the newly appointed Commissioner to the
Board of Water and Light. Commissioner Kelson was appointed to an At-Large position that
expires in 2005.
On behalf of the Board, Chairman Callen acknowledged the past service of retiring
Commissioners Ernest Christian and Charles Creamer and thanked them for their commitment
and many contributions to the Board while serving as Commissioners.
APPROVAL OF MINUTES
Motion made by Commissioner Wonch, seconded by Commissioner Haggart, to approve the
minutes of special session held May 28, 2002.
Carried unanimously.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT
NOW, OR AT THE END OF THE MEETING.
No persons spoke.
Page 70 Board Minutes
July 23,2002
TRIBUTES
Water Tapping Teams Honored. The BWL National Champions Women's Watertapping
Team and Runner-Up Men's Watertapping Team were present to receive recognition on their
national competition. The Women's team finished first place with a time of two minutes and 20
seconds at the American Water Works Association (AWWA) National Conference competition,
held in June, in their second year of competition. The Men's Team finished second place with a
time of one minute and 24 seconds. The national contest sponsored by AWWA simulates a
water service connection for a typical residential customer. The women's team consisted of
Diana Paul, Patricia Clark, and Bobbi Johnson. The men's team consisted of Jim Valentine,
Scott Wilkinson, and Leon Flores. Scott Wilkinson replaced Randy Jones who was injured and
unable to complete at the national level. Remecho Sanders was also recognized on his coaching
efforts for both the women's and men's teams. Brian McLeod, Manager of Electric, Water and
Steam Transmission and Distribution, was acknowledged for supporting the efforts of the two
teams.
BWL/Delta 5K Walk/Run Participants. General Manager Pandy recognized Commissioners
Connie Marin and Nancy Wonch for their participation in the BWL/Delta Rocks 5K Walk/Run
held June 22' . Commissioner Marin was the official starter of the race, and Commissioner
Wonch ran at the event and came in third in her age group.
COMMUNICATIONS
Letter from Thomas J. Pillar, Ed.D., Superintendent of Waverly Community Schools, Lansing,
acknowledging that the citizens of the Waverly Community Schools have elected BWL
employee Calvin Jones to a four-year term on the Board of Education.
Received and placed on file. Commissioner Callen commended Mr. Jones for his civic
involvement.
REPORT OF THE NOMINATING COMMITTEE
Commissioner Duncan read the report of the Nominating Committee,
Resolution'#2002 71+.
The Nominating Committee met on June 10, 2002, to review Commissioner survey responses for
consideration of nominations for Board officers.
The Nominating Committee recommends the following slate of officer candidates for Fiscal
Year 2002-03:
Board Minutes Page 71
July 23,2002
Chair: Ronald C. Callen
Vice Chair: Diane R. Royal
Chair Pro Tem: Nancy W. Duncan
Respectfully submitted,
NOMINATING COMMITTEE
Ernest Christian, Chair
Nancy Duncan
Diane Royal
Moved by Commissioner Wonch, seconded by Commissioner Marin, that the report and the
recommendation of the Nominating Committee be approved.
Action: Carried unanimously.
GENERAL MANAGER'S RECOMMENDATIONS
Background materials on items presented are on file in the Office of the Corporate Secretary.
Resolution #2002-7-2
ELECTRIC INFRASTRUCTURE RECOVERY RIDER
RESOLVED, That the electric Infrastructure Recovery Rider rate schedule, attached, be adopted
and made effective for electric consumption on or after September 1, 2002.
Staff Remarks: This rate schedule was the subject of a public hearing at tonight's meeting (July
23, 2002). There was no input at the public hearing nor were written comments received. The
primary purpose of this rider is to encourage economic development in the BWL service area
and recover those expenses necessary to provide electric distribution infrastructure from the
customers receiving retail electric service from the BWL on the qualifying property. It will be
offered to customers when, in the BWL's judgment, the availability of the rider is a major factor
in the customer locating or expanding its operations and when the rider will result in a net benefit
to the BWL and its customers. The rider is available to developers or customers that are
developing commercial or industrial facilities requiring installation of BWL electric
infrastructure. A customer desiring service under this rider must contract for full service electric
requirements for the qualifying property, on or before December 31, 2005. Qualifying property
under contract must be 50 acres or more, unless specifically approved by the Board of
Commissioners. The contract term shall not be less than five years nor greater than twenty years.
Moved by Commissioner Duncan, seconded by Commissioner Haggart, that the resolution be
approved.
Action: Carried unanimously.
Page 72 Board Minutes
July 23,2002
Resolution #2002-7-3
BUDGET INCREASE—ECKERT STATION COOLING TOWER
RESOLVED, That the Eckert Station Cooling Tower Improvement Project (Project No. 99-101)
budget be increased from $2,028,000 to $2,500,000 to cover the cost of additional work
unforeseen at the time the project scope was defined and the budget set. The increased funds
will cover the cost of unforeseen additional repairs to the existing cooling tower steel support
piles and concrete support slabs and beams.
Sta f Remarks: Actual removal of the existing steel pile coatings during construction uncovered
extensive deterioration and section metal loss requiring structural repairs to approximately 140
piles versus the 20 initially included in the repair contract. Estimates for concrete crack repair
and epoxy sealing of the support slabs and beams were based on visual inspections of the crack
exteriors and were significantly less than the actual amounts required to completely fill the voids
and protect the concrete and imbedded re-bar from future deterioration. Board policy requires
that any overages on projects of 15% or more or over $200,000 be brought to the Board for
review and consideration.
Moved by Commissioner Haggart, seconded by Commissioner Duncan, that the resolution be
approved.
Discussion: Commissioner Callen asked why more pilings were discovered than originally
anticipated. Robert Nicholson, Manager of Project Engineering, responded that it was difficult
to determine the extent of the metal loss until after the contractor started the work to remove the
lead paint and old coatings. The repair work turned out to be worse than anticipated. In
response to Commissioner Wonch's question regarding the possibility of future overruns on this
project, Mr. Nicholson stated that the project is approximately six weeks away from completion
and staff is staying in close contact with the contractor to monitor costs and keep them at a
minimum.
Action: Carried unanimously.
Resolution #2002-7-4
SUPPLEMENTAL REVENUE BOND RESOLUTIONS
RESOLVED, That the Sixth and Seventh Supplemental Revenue Bond Resolutions authorizing
Water Supply, Steam and Electric Utility System Revenue Bonds of the City of Lansing,
Michigan, attached,be approved.
Staff Remarks: The two bond resolutions and the official statement are subject to final review by
our bond counsel. The Commissioners are requested to approve the two bond resolutions. The
bonds would be insured and carry an AAA rating from both Moody's (underlying rating Aa3)
and Standard and Poor's (underlying rating AA). The bonds would be dated August 1, 2002 and
sold at competitive auction on August 14, 2002. The 2002 A bonds of$25.5 million would be
issued to finance our NOx compliance projects. The 2002 B bonds of $19 million would be
issued to refinance higher interest rate bonds, which were issued in 1994. With these bond
issues, BWL's total debt service would be approximately$19 million per year, of which General
Board Minutes Page 73
July 23,2002
Motors pays $9 million per year for the Central Utilities Complex. Debt service coverage
(combined) of 2.02x on total debts of$182 million is a reasonable amount of debt; our plans do
not anticipate any additional debt issues during the next five years.
Moved by Commissioner Kelson, seconded by Commissioner Wonch, that the resolution be
approved.
Action: Carried unanimously.
Resolution #2002-7-5
COMFORT STREET PROPERTY-Northwest Well Field
RESOLVED, That the 31.3 acres+ of land at Sunset Street (Comfort Street Property), which is
under the jurisdiction of the BWL but no longer required in its entirety for BWL purposes, be
transferred to the Department of Parks and Recreation or such other City department as the
Mayor may determine appropriate, in consideration of the payment of$39,350 to the BWL and
subject to the City assuming all environmental liability associated with the parcels, and
indemnifying the BWL against the same.
RESOLVED FURTHER, That the 20.22 acres of land south of the railroad right-of-way, which
is under the jurisdiction of the BWL but no longer required in its entirety for BWL purposes, be
transferred to the Department of Parks and Recreation or such other City department as the
Mayor may deem appropriate, in consideration of the payment of $16,450 to the BWL and
subject to the City assuming all environmental liability associated with the parcels, and
indemnifying the BWL against the same.
RESOLVED FURTHER, That these transfers shall be subject to a "use agreement" for BWL
purposes and any easements or restrictions of record.
Staff Remarks: This is a new resolution. (Prior Resolution 2001-7-15 failed). The City proposes
to buy the land for the original price that BWL paid to acquire it. The City does not plan to
harvest any trees, except for those that need cutting to extend the River Trail System. The
amount for consideration of payment from the City of Lansing to the BWL is directed by a City
ordinance that indicates that if the City purchases property from the BWL, they will pay BWL
the same price that was paid by BWL when it was originally acquired. The above prices reflect
very modest consideration since the northerly parcels were acquired in 1945, 1953 and 1964; and
the southerly parcels were acquired in 1927 and 1942. The BWL has asked the City to take on
any environmental liability that goes with the property. The City plans to have a base line
environmental assessment done on the property before this transaction is closed. The BWL has
used this property as a flyash landfill for many years until the 1970's. There are some active
wells that need to be protected through easements.
In response to a question raised by Commissioner Duncan, General Manager Pandy noted that
Murdock Jemerson, Director of the Lansing Parks and Recreation Department has indicated in
his letter to the BWL, dated July 18, 2002, that the City is "not interested in pursuing this
property for commercial gain related to the harvesting of timber. Trees will be removed only to
Page 74 Board Minutes
July 23,2002
accommodate the development of the River Trail north of the railroad track or park/playground
development south of the railroad track."
Mr. Jemerson was present and reiterated to the Board that the City is not interested in
commercial timber. The City's only reason for seeking this property is for the River Trail
extension and also to settle a Michigan Department of Natural Resources (DNR) trust fund issue
in that the City needs to replace riverfront property, located in Old Town that was sold by the
City to a developer in 1997. The Comfort Street property was considered as an acceptable
exchange to mitigate the issue. Because of the terms of the agreement with DNR, there is an
obligation for the City to maintain the Comfort Street property as park land in perpetuity, which
is the binding nature for not cutting the trees. Mr. Jemerson told the Board that before the City
can acquire any property, at a minimum, a baseline environmental assessment must be
performed.
Moved by Commissioner Duncan, seconded by Commissioner Marin, that the resolution be
approved.
Action: Carried unanimously.
TREE MAINTENANCE SERVICE CONTRACT
RESOLVED, That the General Manager be authorized to enter into a contract for utility tree
maintenance service with Nelson Tree Service, Inc. for the period January 1, 2002 through
December 31, 2004.
(See resolution below, as amended, following discussion.)
Staff Remarks: The Board has contracted its tree maintenance work with Nelson Tree Service,
Inc. (Nelson) since 1993. During this period, Nelson has:
• Continued to provide the Board with competitive and lower rates than similar services
retained by other Midwest utilities;
• Met the Board's expectations for customer relations, quality of work, equipment
availability and safety;
• Gained valuable knowledge of the Board's service area and tree population;
• Provided value added services for management of the Board's tree maintenance
program.
The contract establishes fixed pricing for each fiscal year with the Board paying Nelson an
hourly rate as authorized. The fixed pricing was reviewed and is lower than similar services
retained by other Midwest utilities. The estimated cost for the Board's anticipated tree
maintenance program is $1,000,000 per year.
Board Minutes Page 75
July 23,2002
General Manager Pandy noted that through an oversight in communication, the agreement,
which expired on December 31, 2001, was extended by staff without bringing it to the Board for
concurrence. Board authorization is being requested to extend the contract through 2004 with a
commitment to rebid the program in its entirety in late 2003. Mr. Pandy noted that when Nelson
geared up to serve the BWL, they provided new equipment and vehicles to commit to Lansing to
assure system reliability and public safety. Because Nelson is a national organization, they are
readily available with extra crews when conditions warrant additional workers and equipment.
Assistant General Manager Bill Cook stated that proper tree maintenance is critical to system
reliability and public safety. Nelson's performance, system knowledge, equipment availability,
safety record and price competitiveness are the reasons he recommends extending the current
contract with Nelson through 2004. As an alternative, Mr. Cook suggested at the very least, that
the Board consider extending the contract through the end of this year to allow time to rebid the
contract with a 2003 effective date. He noted that staff has authorized Nelson to increase their
service charge for 2002, which is higher than stated in the contract for 2001. This arrangement
was approved by staff to assist Nelson to address their high employee turnover problem.
The Commissioners expressed concern that it has been nine years since this contract was let out
for bids. They said they were uncomfortable with another three-year extension without asking
for competitive bids. It was the sense of the Board that significant contracts should be bid more
frequently to provide assurance that rates are competitive with similar services.
Following lengthy discussion the Commissioners agreed to extend the tree maintenance contract
with Nelson through December 31, 2002. In the meantime, staff was directed to let out bids for
tree maintenance services and come back this fall with a recommendation on the best-evaluated
bid with a contract effective date of January 2003.
Moved by Commissioner Wonch, seconded by Commissioner Duncan, to approve the following
resolution, as amended:
Resolution #2002-7-6
TREE MAINTENANCE SERVICE CONTRACT (as amended)
RESOLVED, That the General Manager be authorized to eta a EXTEND THE contract
for utility tree maintenance service with Nelson Tree Service, Inc. for the period January 1, 2002
through December 31,2-004 2002.
RESOLVED FURTHER, THAT STAFF BE DIRECTED TO PROCEED WITH THE
BIDDING PROCESS FOR A TREE MAINTENANCE SERVICE CONTRACT FOR BOARD
APPROVAL THIS FALL AND A CONTRACT EFFECTIVE DATE OF JANUARY 1, 2003.
Action: Approved by the following vote, as amended:
Yeas: Callen, Duncan, Haggart, Kelson, Marin, and Wonch—6
Nay: Commissioner Royal - 1
Page 76 Board Minutes
July 23,2002
Resolution #2002-7-6
SALE OF TRANSFORMER TO STATE OF MICHIGAN
RESOLVED, That upon meeting the BWL Rules and Regulations for Electric Service and the
requirements for Rate 5, the electrical transformer and associated switchgear for the State of
Michigan Grand Tower building, located at 235 S. Grand Avenue, be sold to the State of
Michigan for$38,931.53.
Staff Remarks: The State of Michigan has requested that the Grand Tower building, located at
235 S. Grand Avenue, be converted from Rate 4 (wherein BWL owns the transformer and
switchgear)to Rate 5 (wherein the customer owns the transformer and switchgear).
This service meets the 100kW minimum billing demand requirements for a Rate 5 customer and
upon purchase of the BWL transformer and associated switchgear, will meet the requirements of
a primary voltage customer, which is also a condition of Rate 5.
Estimated savings of electric usage charges to the State of Michigan is $21,000 per year.
The $38,931.53 price to the State of Michigan for the BWL transformer and associated
switchgear is based on a fair market value, which was determined based on recent purchases of
similar equipment.
Moved by Commissioner Wonch, seconded by Commissioner Haggart, that the resolution be
approved.
Action: Approved by the following vote:
Yeas: Commissioners Callen, Haggart, Kelson, Marin, Royal and Wonch—6
Nays: None
Abstention: Commissioner Duncan— 1 (due to her position with the State of Michigan)
Resolution #2002-7-7
SUPPORT "LANSING WORKS! KEEPING GM"
RESOLVED, That the Board consider support of"Lansing Works! Keeping GM" in an amount
of$5,000 to $10,000, as determined by the Commissioners.
Staff Remarks: "Lansing Works! Keeping GM" and the Mayor are seeking monies for the Retain
GM Fund. At this time it is intended for the Platinum Project, which represents a sizeable load
for the BWL. General Manager Pandy stated that this support ties in with the Board policy,
which allows the BWL to sponsor advertising and to support certain programs without making
direct cash contributions. Due to the sensitivity of this issue, relative to Air Quality Permits for
General Motors' facilities at the Lansing Craft Centre and the Platinum Plant in Delta Township,
the Board is being asked to consider this request.
Board Minutes Page 77
July 23,2002
Discussion: Commissioner Callen recused himself from discussion on this issue due to his
involvement that has brought him in touch with a number of entities that were involved with this
matter relative to the Air Quality Permit at the Lansing Craft Centre.
Commissioner Kelson recused himself from discussion on this issue due to his employment with
General Motors.
Commissioner Royal recused herself from discussion on this issue due to her residing in the
Westside Neighborhood, which is the neighborhood that has the most problems with air quality
issues, thus it would be inappropriate for her to vote on this matter.
Moved by Commissioner Haggart, seconded by Commissioner Marin, that the Board consider
support of the "Lansing Works! Keeping GM"in an amount of$5,000.
Discussion: Commissioner Marin noted for the record that while she supports the issues raised
by the environmental group, she also supports keeping jobs in Lansing for the families that she
works with; and for that reason, she is supporting this motion.
Action: The motion failed by the following vote:
Yeas: Commissioner Duncan, Haggart, Marin-3
Nays: Commissioner Wonch-1
Abstained: Commissioners Callen, Kelson and Royal—3
HOPE SCHOLARSHIP FUND
RESOLVED, that the Board consider supporting the HOPE Scholarship Fund in the amount of
$5,000 to $10,000, as determined by the Commissioners.
(See resolution below, as amended, following discussion.)
Staff Remarks: The City of Lansing, Mayor Hollister and Police Chief Alley, are working to
establish a permanent endowment of $2.5 million over 3-5 years, which would support 500
scholarships per year for Lansing School District students who, at grade six, commit to the
completion of a high school education. If they do so, they receive two years of paid tuition to
Lansing Community College as a HOPE scholarship recipient. HOPE is a crime prevention and
education initiative in cooperation with the Lansing Police Department, Lansing Community
College, Michigan State University, Lansing School District, and City of Lansing in cooperation
with local businesses and private citizens.
General Manager Pandy suggested that as an alternative, future Chili Cook-Offs could take on an
additional charitable recipient. Currently all funds go to Adopt A River. This year the Chili
Cook-Off raised more money than is needed to support the program. BWL has already promised
that all funds raised from this year's Cook-Off go to support Adopt A River. For future Cook-
Offs, proceeds can go to Adopt A River up to the amount necessary to fund the program,
estimated from $10,000 to $12,000 per year, with excess proceeds going to a second charity such
as the HOPE Scholarship Fund. This year Chili Cook-Off proceeds were nearly $19,000 and are
likely to continue to grow in the future. This suggestion was offered as an alternative
Page 78 Board Minutes
July 23,2002
recommendation if the Board would like to link the HOPE Scholarship Fund to the Chili Cook-
Off event.
Moved by Commissioner Wonch, seconded by Commissioner Duncan, to approve the following
resolution, which includes a friendly amendment:
Resolution #2002-7-8
HOPE SCHOLARSHIP FUND
RESOLVED, that the Board consider supporting the HOPE Scholarship Fund in the amount of
$-5,,000 to $10,000, as detef ined by the r'^mm"..s. ens. FOR FISCAL YEAR 2002-03. THIS
AMOUNT WILL COME FROM THE GENERAL FUND.
RESOLVED FURTHER, THAT EFFECTIVE WITH FISCAL YEAR 2003-04, THE PROFIT
FROM THE CHILI COOK-OFF BE EQUALLY SPLIT BETWEEN ADOPT A RIVER AND
THE HOPE SCHOLARSHIP FUND.
RESOLVED FURTHER, THAT IF THE SPLIT FALLS SHORT OF THE $10,000 NEEDED
FOR THE HOPE SCHOLARSHIP FUND, THE BWL IS TO SUPPLEMENT THE AMOUNT
NEEDED FROM THE GENERAL FUND TO MAKE UP THE SHORTFALL.
Discussion: In response to a question raised by Commissioner Callen regarding cash
contributions, Communications Director John Strickler reported that approximately $35,000 to
$40,000 in cash contributions are made in the form of a sponsorship of which the BWL receives
recognition for taking out program ads. Individual events are split between three basic
categories related to charitable, community or economic development activities. This total is
exclusive of the Lugnuts sponsorship.
Action: Carried unanimously, as amended.
UNFINISHED BUSINESS
Resale of Long Distance Service. General Manager Pandy reported that while a formal
recommendation was not included in the Board packet, it was reported in his cover letter that
staff proposed the consideration of the resale of long distance service at the Finance Committee
meeting on May 14, 2002. At that time the meeting was running late, and the Commissioners
expressed concern about entering into the telecommunications field. Over the past two months,
Sue Warren and Dave Bolan of Strategic Accounts and Product Development have updated the
overall telecom business case and are available to answer questions and discuss this business
opportunity. Mr. Pandy noted that the recommendation presented in May considered a dial-up
Internet service, however, this option has been dropped. At this point staff is only suggesting the
consideration of a simplified long distance service, which has a single rate schedule at 3.9
cents/minute for calls made intrastate (inside the state of Michigan) and 4.9 cents/minute for
interstate (state-to-state). The BWL will receive an 8% commission from Accxx
Communications for gross sales. This pricing structure is a change from the original proposal
and is being recommended in order to offer our customers the lowest rates available and simplify
the program parameters. Mr. Pandy requested the Board's consent to begin discussions with the
Board Minutes Page 79
July 23,2002
Lansing City Council about this new venture to obtain their concurrence. If the City agrees, staff
would then ultimately come back to the Board with a formal recommendation to proceed.
Commissioner Wonch expressed her discomfort with the BWL providing long distance services,
and being perceived as being similar to other telecom companies that do telemarketing every
night at dinner. Her preference would be for the BWL to continue working hard to provide
customer satisfaction and delivering what it does best at competitive rates, while maintaining its
good reputation.
Commissioner Royal stated she is uncomfortable with this new venture. She suggested that the
Commissioners should first determine philosophically whether this type of venture is prudent
before staff begins any discussions on a proposed telecommunications program with the City.
Commissioner Duncan also expressed her hesitancy with entering into the telecommunications
market because it is different from the BWL's core product. She stated that although staff feels
this is a good opportunity for our customers, the question remains whether the BWL is the best
company to deliver that type of service. Once that question is decided, then discussions can
begin on the details.
Commissioner Kelson noted that looking into the mystical crystal ball, it appears the future is
moving more in terms of airwave communication such as cellular phones rather than land line
communication.
Commissioner Callen stated that he shares the concerns raised by the Commissioners. He
complimented staff for exploring ways to expand into other opportunities. He noted that he has
learned through APPA meetings that other municipal utilities have found excellent expansions.
However, his concern is the fact that the telecommunications industry has come along to
uncertainties, and it could be perceived that the BWL is linked with companies that have some
real problems. The image area is very important.
Sue Warren responded to the Commissioners' concerns. She pointed out that the program being
proposed would include language in the contract with the vendor that there will be absolutely no
telemarketing and no sharing of customer lists. There are all sorts of Federal Communication
Commission (FCC) and Michigan Public Service Commission (MPSC) rules regarding
telemarketing issues, so the vendor would be expected to abide by those and enforce the stringent
ones. All marketing activities would be done in-house by the BWL. The program being
considered at this time is long distance and not cellular service. Ms. Warren noted that the trend
in the next few years will likely be a lot more long distance carriers becoming local carriers,
which will provide more choices in our local carrier industry. The cellular phone business would
be a natural leap in the future if the telecommunications business were approved. Ms. Warren
stated that staff would be more than willing to meet with the Commissioners individually or in
small groups to answer any questions. She noted that there are a lot of public and investor-
owned utilities across the nation who are offering different types of products and services to their
customers, and telecom is one of the services that seems to be a natural fit for some of them.
Page 80 Board Minutes
July 23,2002
OLD BUSINESS
There was no old business.
NEW BUSINESS
Chairman Callen announced that new committee assignments would be made this week and sent
out to the Commissioners.
RESOLUTIONS
None
GENERAL MANAGER'S REMARKS
Customer Satisfaction Survey: General Manager Pandy reported that the recent Customer
Satisfaction Survey, conducted in May 2002, indicates the BWL is an above average operating
utility on all 13 of the benchmarked comparisons. However, while the BWL remains in a good
overall position relative to the Market Strategies, Inc. (MSI) benchmarking database, positive
gaps between the BWL and the benchmarking averages are smaller than observed in the
November 2001 study.
Communications Director John Strickler presented an executive overview of the survey findings.
He reported that throughout this period, the BWL remains relatively well positioned in the MSI
Benchmarking database, ranking in the top quartile on eight out of the 13 comparable measures,
and 10 points or more higher than the benchmarking averages on five measures. Although some
positive gaps between the BWL and the MSI benchmarking average were larger in November,
the Board continues to receive higher levels of positive response from its customers compared to
other energy utilities. He noted that positive response to the quality of water from the BWL is
down slightly, but remains above May 2001. A summary of current national energy utility
benchmarking comparisons is shown below:
BWL Versus the MSI Database
BWL MSI BWL Minus Number of
Percent Average MSI Average BWL Rank Utilities
Positive Positive (+/-) Rated
Rating Rating
Reasonableness of Electric Rates for the Value Received 77 61 16 5 69
Keeping Electric Rates as Low as Possible 66 51 15 6 64
Showing Concern and Caring 82 68 14 2 75
Restoring Electric Service When Power Outages Occur 86 75 11 5 70
Satisfaction with Most Recent Call 84 74 10 8 66
Overall Favorability 78 70 8 15 76
Providing Reliable Service 93 85 8 4 75
Being Easy to do Business With 83 76 7 9 70
Overall Satisfaction 83 77 6 19 73
Value of the Electric Product Delivered 81 76 5 24 66
Protecting the Environment 59 55 4 25 74
Preference for Current Electric Utility over another with Equal Rates 83 81 2 19 60
Providing Accurate Bills 82 1 80 2 28 73
Board Minutes Page 81
July 23,2002
A copy of the full report will be provided to the Commissioners. The Customer Attitude Survey
will be referred to an appropriate committee as designated by the Chair.
Employee Satisfaction Survey. General Manager Pandy called Acting Director of Human
Resources, Mary Dwyer, to present the results of the Employee Satisfaction Survey. Ms. Dwyer
reported that the BWL's position among employees has declined from last year, with 61 out of
68 item scores decreasing at least one point from 2001. Only 13 out of the 68 item scores
declined significantly compared to 2001. On the positive side, 60 out of 68 item scores remain
significantly higher than in 1999. The current model shows that three key drivers; namely, Work
Environment and Support, Customer Satisfaction, and Senior Management are critical to
improving the Employee Satisfaction survey.
• Work Environment and Support to employees is a significant five points lower than in
2001, but remains six points higher than in 1999. This has a stronger relationship with
Employee Satisfaction compared to prior models, indicating that these items deserve
further attention. Feedback, Evaluation and Autonomy all have a large impact on Work
Environment and Support. The survey shows that regular feedback and evaluation is
crucial to helping employees feel valued in their workplace and their ability to advance.
Also, giving employees the flexibility and control to do their job effectively are crucial to
how motivated they are and their perceptions of their work environment and their
managers. Among Bargaining Unit employees, scores for two items in the Feedback and
Evaluation component decreased significantly compared to 2001 on the question of"my
immediate manager encourages me to learn from my mistakes (down 7 points) and "I am
recognized for good performance" (down 9 points), while the scores among Non-
Bargaining Unit employees held steady. The impact from Teamwork is down four points
from 2001. This is a reminder that BWL needs to find ways to encourage a team-
oriented environment and focusing on giving employees the skills to do their work and
encouraging a feeling of mutual respect among employees.
• Customer Satisfaction also has a strong impact on employee satisfaction. Customer
Satisfaction has a higher index compared to most of the other model components.
Customer Service Performance is a strong driver of Customer Satisfaction. Although the
scores for the three items within the Customer Service Performance component are
relatively high, they have each slipped by two points since 2001, and all of them show
room for improvement indicating that it is important for BWL to communicate with
employees about efforts to meet customer needs, be customer-focused, and keep
commitments to the customers.
• Senior Management Performance has a low index of 45 and a strong impact on Employee
Satisfaction. The strongest impactor of Senior Management Performance is Employee
Information Levels. Those were very low in this particular survey. Among Bargaining
Unit employees, scores for all three items in the Employee Information Levels
component decreased significantly compared to 2001, declining from five to seven
points. Senior Management Direction also has a large impact on Senior Management
Performance and very low scores on all three measures. Senior Management continues to
try to improve that particular performance.
Page 82 Board Minutes
July 23,2002
• Motivation has a relatively weak impact on Employee Satisfaction. It did drop a
significant five points since 2001 and is three points lower than 1999. It is important for
BWL to help employees feel motivated to do their job well. Motivation is also strongly
impacted by Autonomy and Feedback and Evaluation.
• In terms of the Bargaining and Non-Bargaining Unit groups, the Non-Bargaining
employees have significantly higher scores than the Bargaining Unit employees on all but
four component indexes. Service Reputation of BWL is three points higher, whereas
Workload, Retention, and Core Services are only two points higher for Bargaining versus
Non-Bargaining employees. In terms of the Bargaining and Non-Bargaining model
impacts, the same things are important to both Bargaining and Non-Bargaining
employees. For example, Work Environment and Support and Senior Management
Performance have strong impacts on Employee Satisfaction in both sub-group models.
Also, Feedback and Evaluation is a very strong driver of Work Environment and Support
for both sub-groups. A few differences include:
o Immediate Manager has a stronger impact on Senior Management Performance for
Non-Bargaining employees than Bargaining employees.
o Professional Development does not have any impact on Motivation or Immediate
Manager for Bargaining employees. However for Non-Bargaining Unit employees,
Professional Development has a strong impact on Motivation and a moderate impact
on Immediate Manager.
o Job Security is somewhat more important to Non-Bargaining employees than
Bargaining employees.
o The impact of Employee Satisfaction to Retention is stronger for Non-Bargaining
employees than for Bargaining employees.
Following the presentation, Commissioner Royal expressed her concern that the Employee
Satisfaction Survey results have declined as compared to last year. The Employee Satisfaction
Survey was referred to the Human Resources Committee for further discussion. A copy of the
full report will be sent to all the Commissioners.
[Commissioner Royal asked to be excused from the meeting due to a prescheduled commitment.
She was excused at 7:17 p.m.]
General Manager Pandy requested the Board's permission to communicate the Customer
Satisfaction and the Employee Satisfaction results to the employees prior to discussing these in
committee.
The Commissioners concurred that it is important to communicate the results of the surveys to
the employees as soon as possible.
Wolverine Petroleum Pipe Line. General Manager Pandy reported that the Michigan Public
Service Commission (MPSC) announced on July 23 that the Wolverine Pipe Line Company's
petition for a permit to construct a 12-inch high-pressure petroleum pipeline was approved. This
Board Minutes Page 83
July 23,2002
matter will be considered by the Lansing City Council's Committee of the Whole on July 25, and
then a formal vote on the approval of Wolverine's application will be taken at Council's regular
meeting on July 29. Mr. Pandy handed out a copy of a press release issued by the MPSC, which
describes the process the MPSC went through. The BWL and the City Attorney's Office have
been working with Wolverine to identify concerns and to achieve the goal of minimizing the risk
to the drinking water through the design, operation and maintenance of the pipe line. A second
document was handed out listing safety standards that Wolverine Pipe Line Company has
committed to meeting in all respects, and exceeding in several respects, the requirements
imposed by federal standards.
In response to questions raised by the Commissioners, Staff Attorney Larry Wilhite reviewed the
slight differences between the elements tentatively agreed upon by Wolverine in a meeting held
July 16, 2002 and the final commitments made to the BWL as outlined in the copy handed out to
the Board, dated July 23, 2002. He noted that the last paragraph of the handout was deleted,
which pertained to the time line for the City of Lansing to grant all routine permits
necessary...no later than August 15, 2002. Mr. Wilhite also reported that if the Lansing City
Council does not approve the pipe line, this matter would probably go to court.
Wellhead Protection Program. General Manager Pandy reported that BWL continues to be a
leader in seeking the closing of abandoned wells that represent a threat to our drinking water
aquifer. A letter was sent to the Michigan Department of Environmental Quality(MDEQ) about
funding the wellhead capping program, and the BWL was successful. The State has reinstituted
the Clean Michigan Initiative Abandoned Well Program and has allocated $3,000,000 in their
budget for closures of abandoned wells. Eighty-five wells have been identified in Lansing, and
signed waivers of liability for closure on 38 of them have been received. Another 92 identified
wells are scheduled to be closed in surrounding areas, which will be administered by the various
townships using their own grant funds.
Water and Electric Demands are Up. General Manager Pandy congratulated all the employees
from the Water and Electric utilities who worked in the intense July heat to deliver record levels
of output. The water system, particularly, has been in the high 30 million gallon/day pumpage.
The BWL has 50 million gallons of capacity. He noted that on July 17, 39 million gallons were
pumped that day. Mr. Pandy reported that a Water Load Curtailment Plan Task Force has been
formed to review water demands and recommend a curtailment plan to manage excessive
drought induced demands. A proposed plan will be brought to the Board at a future date for
consideration. Management wants to have a plan in place for next summer to deal with peak
conditions in the event another drought-like summer occurs. Electric demand reached 552
megawatts (MW), which is the BWL's second highest, all-time peak, just below the previous
record of 556 MW set last year in August. All the units have been running and the BWL has
been assisting other utilities as well during the high demand period.
Nancy Kremsreiter Commended. General Manager Pandy commended Public Information
Analyst Nancy Kremsreiter and Bob Tidd of System Integrity& Customer Projects for their
positive response in assisting an educator who was trying to help students learn how much
electricity an amusement park would use. He thanked them for their follow up and response.
Page 84 Board Minutes
July 23,2002
Update on Pilot Water Choice Projects in the City of Lansing. General Manger Pandy
reported on the two pilot Water Customer Choice projects approved by the Board on May 28.
The Pentecostal Outreach Church project went well. The United Van Lines project has been
brought to the attention of the City Administration by developer and owner David Nicklesen.
BWL has received intense political pressure to allow Mr. Nicklesen not only "Choice" on his
private property, but also to be able to use a contractor in the public right of way for the
extension of the 12-inch main to his project. Mr. Nicklesen has indicated there are other projects
to come that will require a sizeable water service. Mr. Pandy has alerted IBEW Local 352 that
this issue is not a BWL management idea, but rather the initiative came from City Hall, and staff
is trying to cooperate. Mr. Pandy noted that the Friendship Baptist Church is also seeking
"Customer Choice." They are seeking similar treatment as the Pentecostal Outreach Church.
New Commissioner Kelson Welcomed. General Manager Pandy handed out a copy of
Commissioner Kelson's application for membership on a City Board. Mr. Pandy welcomed Mr.
Kelson to the BWL and noted his broad experience and background will be an important
addition to the Board of Commissioners.
Forbes Substation Wins Historic Commission Award. General Manager Pandy reported that
the BWL Forbes Substation constructed in 1937 is a recipient of the Lansing Historic District
Commission's Preservation/Stewardship Award. He called attention to a story in the June 2002
issue of the BWL PIPELINE, which features the Forbes Substation located in the West Side
neighborhood.
Announcements. General Manager Pandy reported on the following items:
• The 2001 Annual Water Quality Report has been mailed with customer bills.
• The BWL's new promotion on Surge Sentinel, which is the whole-house surge protection
equipment the Board authorized, has also been mailed out to customers.
• The BWL has renewed its efforts on GreenWise energy by contacting all commercial
customers to promote the use of environmentally friendly energy power.
COMMISSIONERS' REMARKS
Update on Water Construction Issues. Commissioner Marin reported that the Special
Committee on Water Construction Issues met with management and union representatives in
June and July to discuss ways to resolve water construction concerns associated with the City's
combined sewer overflow project and alleged problems with water line plugging, water system
construction and inspection, meter installations, and fire hydrant issues. The committee is
continuing to meet and plans to submit a report to the full Board by this fall.
The 5K Walk/Run Event. Commissioner Wonch congratulated BWL employee Calvin Jones
for organizing a good race at the 5K Walk/Run event on June 22. She thanked Commissioner
Marin for serving as the starter.
Board Minutes Page 85
July 23,2002
APPA National Conference. Commissioner Marin gave an overview report on the American
Public Power Association (APPA) National Conference held June 7-12 in Dallas. She thanked
the BWL for the opportunity to attend the conference. She encouraged the other Commissioners
to take the opportunity to attend the annual conference, which provides educational seminars on
broad issues such as governance, citizen participation, human resources, and municipal utility
matters.
Commissioner Callen commented that he also attended the annual APPA conference. He
encouraged every Commissioner to attend to the extent that they can get away for it. He
indicated that he observed an excitement amongst people who are both board members and also
employees of municipal utilities across the country with all kinds of new and different and
innovative ideas. He found it refreshing and insightful to experience such activity and to return
back to the BWL with a diversity of input from across the country. Commissioner Callen
referred to the ten recommendations included in the Board meeting packet, which provides an
excellent format on ten key recommendations on approaches to policy direction and management
of public power utilities that should be beneficial regardless of the future direction of the electric
utility industry. He noted that a 20-page document exists that provides the basics of these
approaches and supported by much more penetrating material contained on a CD. Each one of
these areas will be published on APPA's web page. Commissioner Callen said that he has
started talking with the General Manager about a retreat for this year. This document will be
provided to all the Commissioners in anticipation of the retreat, which will focus on long-range
issues and decisions made at the March 2002 retreat.
The Board and Planning. General Manager Pandy commented that staff has received the
Board's input and feedback regarding wanting more information and less data. An attempt has
been made with this month's meeting packet to provide information, both pro and con, about the
many issues that are before the Board. Mr. Pandy asked for the Board's feedback if staff is
moving in either the right or wrong direction. Staff has learned some things in that process and
is trying to be responsive to the Board's needs.
EXCUSED ABSENCE
None.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT.
No persons spoke.
Page 86 Board Minutes
July 23,2002
ADJOURNMENT
On motion by Commissioner Wonch, seconded by Commissioner Haggart, the meeting
adjourned at 7:35 p.m.
Is/Mary E. Sova, Secretary
Filed with Lansing City Clerk
July 26, 2002
54
Preliminary Minutes—Subject to Board Approval
MINUTES OF THE BOARD OF COMMISSIONERS' SPECIAL MEETING
LANSING BOARD OF WATER AND LIGHT
Tuesday, May 28, 2002
The Board of Commissioners met in special session at 5:30 p.m. in the Boardroom of the
Administrative Offices, 1232 Haco Drive, Lansing, Michigan, Chairman Ron Callen called the
meeting to order.
Present: Commissioners Ron C. Callen, Ernest J. Christian, Charles M. Creamer, Tim
Haggart, Diane R. Royal, - 5.
Absent: Nancy W. Duncan, Comlie Marin, and Nancy A. Wonch (on speake,phone fora portion
of the meeting)-3
The Secretary declared a quorum present.
All said the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion made by Commissioner Royal, seconded by Commissioner Haggart, to approve the
minutes of regular session held April 23, 2002.
Carried unanimously.
Motion made by Commissioner Royal, seconded by Commissioner Haggart, to approve the
minutes of special session held May 14, 2002.
Carried unanimously.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT
NOW, OR AT THE END OF THE MEETING.
Lansing City Councilmember Carol Wood thanked the Commissioners for the amount of time
and effort the Board has devoted to the question of"Customer Choice" in the City of Lansing.
She stated that in trying to unravel the complex problems concerning "Customer Choice," the
Combined Sewer Overflow (CSO) project has merged into those problems. The overall question
that remains is having a reliable system for water services. The Commissioners, management
and the union were invited to attend a joint meeting of the Council's Public Safety and Public
Board Minutes Page 55
May 28,2002
Service Committees, tentatively set for June 18, 2002 at 11:00 a.m., for Input in addressing the
integrity of the fire hydrant systems. She urged the Board to support the proposal of the BWL
Committee of the Whole to establish two pilot projects utilizing "Customer Choice" in the City
of Lansing and gathering data on the program to ensure safety and construction quality in the
water system.
Robin Smith, Building Committee Chairperson of Pentecostal Outreach Church, Lansing,
thanked the Board for allowing the Pentecostal Outreach Church project to proceed as a pilot
project utilizing "Customer Choice"within the City of Lansing.
Rodney Hayes, Trustee of Pentecostal Outreach Church, expressed his appreciation to the Board
for considering the pilot"Customer Choice"project for the church.
COMMUNICATIONS
None.
FINANCE COMMITTEE REPORT
The Finance Committee met on May 14, 2002 at 5:30 p.m. to discuss the following items:
1. Fiscal Year 2003 O&M and Capital Budgets
2. Economic Parameters for Fiscal Year 2003 Studies and Evaluations
3. Utility Rules and Regulations
4. Resale of Long Distance Services
5. Business Ethics Policy
Committee members present were Commissioners Duncan (Chair), Callen (alternate), Royal
(alternate), and Wonch. Absent were Commissioners Christian and Creamer.
I. Fiscal Year 2003 Annual Budget
General Manager Pandy presented an overview of the proposed Fiscal Year 2003 Operations and
Maintenance Budget. The proposed budget was based on the following assumptions:
Individual utility budgets will meet anticipated system needs consistent with BWL base load
forecasts.
• Budget is lean to allow BWL to operate and maintain its system within its revenue streams,
without additional borrowing, other than the $25 million bond issue required for NOx
compliance with new Federal regulations.
• Utility budgets will meet the strategic priorities outlined in the strategic plans.
• Budget is fundamentally status quo, with one major inherent policy implication, which is the
continuance of fully paid medical insurance for employees and retirees.
Page 56 Board Minutes
May 28,2002
• Budget assumes no change to the pension plan. The Board's Human Resources Committee
is discussing pension Plan Parameters.
• Budget will not result in any diminution of services to customers.
• Cost containment items include:
o Fuel cost reduction associated with less General Motors steam load than budget for
FY'02.
o Reduction of Commercial Customer Satisfaction Survey from annual to every other year.
o Reduction from two to one annual Residential Customer Satisfaction Survey.
o Belle River Power Supply debt service credit continues at 5% from Michigan Public
Power Agency's trust funds.
o Reduction of budgeted staff positions from 755 to 750 positions.
o Consolidation of management, with the retirement of the Director of Delivery; Assistant
General Manager Bill Cook will also function as Director of Delivery.
o No cross utility transfers; the repayment of past transfers has been budgeted, based on a
15-year payback schedule, without interest.
o Property insurance increase (+$1,292,000).
[Commissioners Royal and Wonch left the meeting at 6:45 p.m.]
The total capital budget for Fiscal Year 2003 includes projects for:
Electric $32.3 million
Water $26.5 million
Steam $ 2.9 million
Common $ 2.1 million
TOTAL $63.8 million
Funding for the projects is derived from the following sources:
Depreciation and Net Income Cash Flow $30.6 million
Contribution-in-Aid from developers $22.8 million
Bond Funds $10.4 million
TOTAL $63.8 million
Consistent with the Board's direction relative to growth for the water utility, distribution projects
totaling $22.5 million are funded by developers contribution-in-aid in the amount of $19.1
million (85%).
Board Minutes Page 57
May 28,2002
Consistent with the Electric Strategic Plan, electric capital is kept below $24 million, except for
NOx compliance projects, to be funded by a bond issue of$25 million.
II. Economic Parameters for Fiscal Year 2003 Studies and Evaluations
Proposed economic parameters to be utilized in performing economic analyses of alternatives for
projects in Fiscal Year 2003 were reviewed. In Fiscal Year 2000, staff identified the need for a
standardized consistent set of economic parameters for use in project evaluations. R. W. Beck
subsequently reviewed the BWL proposed methodology and parameters and agreed that
parameters need to be reviewed and updated annually.
III. Board of Water and Light Rules and Regulations
The Rules and Regulations for Electric, Water and Steam were referred to the Committee of the
Whole for consideration at such time when the issue of allowing Water Customer Choice in the
City of Lansing is discussed.
IV. Resale of Long Distance Services
Management's proposed concept of the BWL working with a long distance telephone service
provider to supply customers with long distance phone service was deferred for a future meeting.
The Committee expressed concern that this service would be a significant change in the BWL's
mission that merits slow, deliberative action. The General Manager agreed to bring forth a
business case as to why the BWL should proceed with this service for consideration.
V. BWL Business Ethics Policy
Director of Metrics and Audits Kellie Willson has requested an advisory opinion from the City
of Lansing Ethics Board with respect to gifts from vendors and solicitation of items or funds
from vendors for charity. The Committee deferred further discussion on this matter until such
time that an advisory opinion is rendered from the Ethics Board, which is anticipated by the end
of June, 2002.
RESOLUTIONS
The Finance Committee recommends the following resolutions:
FISCAL YEAR 2003 O&M BUDGET
(Resolution #2002-5-2)
RESOLVED, That the annual Operating and Maintenance Budget covering Fiscal Year 2003 is
hereby approved as presented. (Appended to the minutes—Exhibit A-1.)
Page 58 Board Minutes
May 28,2002
FISCAL YEAR 2003 CAPITAL BUDGET
(Resolution #2002-5-3)
RESOLVED, That the annual Capital Budget covering Fiscal Year 2003 is hereby approved as
presented. (Appended to the minutes—Exhibit A-2.)
RESOLVED FURTHER, That the capital projects are authorized in the amount of the Project
Estimate. Capital Expenditures for Fiscal Year 2003 are limited to the amount included in the
budget.
ECONOMIC PARAMETERS FOR FISCAL 2003 STUDIES
(Resolution #2002-5-4)
RESOLVED, That the Economic Parameters for Fiscal Year 2003 Studies are approved as
presented. (Appended to the minutes—Exhibit B.)
There being no further business, the meeting adjourned at 6:35 p.m.
Respectfully submitted,
Nancy W. Duncan, Chair
Finance Committee
Moved by Commissioner Callen, seconded by Commissioner Royal, that the Report of the
Finance Committee be accepted as presented.
Action: Carried unanimously.
Moved by Commissioner Callen, seconded by Commissioner Creamer, on the approval of the
resolution to adopt the Fiscal Year 2003 O&M Budget (Resolution#2002-5-2).
Action: Carried unanimously.
Moved by Commissioner Callen, seconded by Commissioner Creamer, on the approval of the
resolution to adopt the Fiscal Year 2003 Capital Budget (Resolution:#2002-5-3).
Action: Carried unanimously.
Moved by Commissioner Callen, seconded by Commissioner Royal, on the approval of the
resolution to adopt the Economic Parameters for Fiscal 2003 Studies (Resolution#2002-5-4).
Action: Carried unanimously
HUMAN RESOURCES COMMITTEE REPORT
The Human Resources Committee met on May 21, 2002 at 4:30 p.m. to discuss the following
matters:
1. Non-Bargaining Skill Family Range Adjustments for Fiscal Year 2003.
Board Minutes Page 59
May 28,2002
2. Non-Bargaining Performance Increase Matrix for Fiscal Year 2003
3. Share the Success Program for Fiscal Year 2003
4. Pension Negotiation Parameters
Present were committee members Royal (Chair), Callen,Haggart and Marin.
1. Non-Bargaining Skill Family Range Adjustments for Fiscal Year 2003.
Paul Reagan of Dorey, Reagan &Associates provided an overview of the 2002 market analysis
conducted to examine competitive market (50`h percentile) rates of pay for benchmark jobs. The
proper determination of competitive compensation levels for benchmark jobs requires the
compilation of multiple salary data sources. These include published compensation survey data
sources that report local, regional and national data. A key feature of this process is the use of
survey data that are comparable in terms of the specified job, gross operating revenues of the
organization, region, and number of employees. Mr. Reagan responded to questions relative to
the matching process and characteristics utilized to ensure that the salary data selected are from
organizations similar to the BWL.
2. Non-Bargaining Performance Increase Matrix for Fiscal Year 2003.
Human Resources Director Linda Gardner presented an overview on how the appropriate base
performance increase matrix for Non-Bargaining employees was determined for Fiscal Year
2003. In 1998, the BWL revised its Wage and Salary Plan for Non-Bargaining employees from
general "across-the-board" salary increases to increases linked to job performance. Consultant
Dory, Reagan & Associates assisted in developing the performance increase matrix.
Management considerations include (1) containing salary costs within a budget based on the
organization's ability to pay; (2) making salary increases based on meaningful levels of
employee performance; (3)relating these to general economic and labor market conditions; and
(4) preparing a salary matrix that provides management some discretion to award increases based
on performance appraisals within the range of performance increases and within imposed
budgetary constraints.
3. Share the Success Program for Fiscal Year 2003
General Manager Pandy explained that the executive staff had discussed some alternatives for a
new Share the Success Program. As outlined in the February 2002 Memorandum of
Understanding with IBEW Local 352, the new program will consist only of corporate measures
with bonuses ranging from 0 to 5%. The 5%maximum bonus will not be changed for the
duration of the current contract. The new program should have fewer measures and be simpler
and easier to administer.
Director of Metrics and Audits Kellie Wilson explained that the materials provided to the Human
Resources Committee members outlined a few possible approaches for defining the details of a
new plan. They compare the likely impact on the BWL and on employees of the new plan
versus the old corporate Share the Success program. Ms. Wilson emphasized that under the
terms of the Memorandum of Understanding, the new plan is highly dependent upon financial
performance. Bonuses would be at most $300 per employee if the non-financial measures are
fully met, but the financial goal is not achieved.
Board Minutes
Page 60 May 28,2002
rve as a
The same materials were recently provided to the union leaders`hJnion anwill anagement starting
point for jointly developing the details of the new plan. Both Ms. Wilson and
anxious to Complete this work by the end of June. The Committee
the ur.age leadership on the
anx p
Human Resources Director Linda Gardner to proceed to work with
of the General Manager and
union
new Share the Success plan. The new plan is subject to the approval
the Commissioners.
4, Pension Negotiation Parameters
owed b Commissioner Callen, seconded by Commissioner Mann, to go into closed session for
M y p, The Committee
the purpose of discussing pension negotiation parameters 5:08 m.).
reconvened in open session at 5:30 p.m.
After review and discussion of upcoming pension negotiations and related issues,management
was directed to work to control pension costs.
RESOLUTIONS
The Human Resources Committee recommends the following resolutions:
(Resolution#2002-5-5)
RESOLVED, that the Non-Bargaining Skill Family Range Adjustment for Fiscal Year 2003 is
hereby approved.
ONLY RANGE ADJUSTMENTS FOR FISCAL YEAR 2003.
N -BARGAINING SKILL FAMI
Skill f l Ran�justmentl
Customer Service & Office 2.0%2 0%
Directors 5.0%
Engineering & Scientific 3 0%
Finance &Purchasing 3.0%
Human Resources &Legal 4.0%
Information Technology .
2 0%
Marketing &Communications 0%
Technical
1Salmy ranges are adjusted at midpoint to reflect the surveyed market movement fo1•each skill family.
(Resolution #2002-5-6)
RESOLVED, That the Non-Bargaining Performance Increase Matrix for Fiscal Year 2003 is
hereby approved.
Board Minutes
May 28, 2002 Page 61
PERFORMANCE INCREASE MATRIX FOR FISCAL YEAR 2003
FY 2003 Appraised
Level of Performance Performance Increase
Percentage Range'
451 or higher Outstanding
376 to 450 6.00% to 7.50%
276 to 375 Exceeds 4.00% to 5.50%
226 to 275 Meets 3.00% to 3.50%
225 or less Needs Improvement 1.00% to 1.50%
Fails 0.00% to 0.00%
'Salary increase percentage range within specified limits. Managers may recommend
increase percentages in %2 percent increments. salary
Other considerations: In order to be eligible to receive a"Power Performer" award, the
employee's performance level must be at the top end of the salary increase range (7.5%).
The meeting adjourned at 5:30 p.m.
Respectfully submitted,
Is/Diane R. Royal, Chair
Human Resources Committee
Moved by Commissioner Royal, seconded by Commissioner Christian, that the Report of the
Human Resources Committee be accepted as presented
Action: Carried unanimously.
Moved by Commissioner Royal, Seconded by Commissioner Haggart, on the approval of the
resolution to adopt the Non-Bargaining Skill Family Range Adjustment for Fiscal Year 2003
(Resolutiaz #2002-5-5).
Action: Carried unanimously.
Moved by Commissioner Royal, seconded by Commissioner Christian, on the approval of the
resolution to adopt the Performance Increase Matrix for Fiscal Year 2003 (Resolcttio,t#2002-5-
COMMITTEE OF THE WHOLE REPORT
The Committee of the Whole met on May 21, 2002 to discuss and consider water construction
alternatives (Customer Choice) and the Rules and Regulations for electric, water and steam.
Chair Pro Tern Charlie Creamer called the meeting to order at 5:35 p.m. Present were
Commissioners Callen, Haggart, Marin, Royal, Wonch and Cream
Commissioners Christian and Duncan. er. Absent were
Page 62 Board Minutes
May 28,2002
1. Water Construction Alternatives (Customer Choice in the City of Lansing)
The following persons spoke in opposition to offering Water Customer Choice in the City of
Lansing:
• Michael Stanley, BWL employee of MCRC, expressed concern with safety and quality
issues.
• Stephen Jahner, Owner of Capitol City Comics and Books, spoke on damages caused
from the CSO project.
• Jeff LaChance, BWL employee of Customer Service, read a letter from BWL customer
Stan Pollitt, dated May 20, 2002, regarding problems with a contractor.
• Joseph Davis,President of IBEW Local 352 and BWL employee of MCRC, spoke on
various issues that still need to be addressed by management.
• Jim Dravenstatt, BWL employee of Customer Service, expressed concern with quality
issues.
• Curt Gates, Business Manager of IBEW Local 352 and BWL employee of MCRC, stated
that many problems remain to be worked out with contractors performing water
installations for BWL. He presented the Board with a proposal from IBEW Local 352.
The following persons spoke in favor of offering Water Customer Choice in the City of Lansing:
• The following representatives from Pentecostal Outreach Church urged the Board to
support customer choice to create competitive pricing:
➢ Robin Smith, Building Committee Chairperson, reported on the Larry Mitchell
Trice Sr. Outreach Center project.
➢ Chad Husted, of Hirsch Construction and Construction Manager of the
Pentecostal Outreach project.
➢ Cindy Theresa Humes, Youth Pastor of Pentecostal Outreach Church.
➢ Tracy Tipton of Pentecostal Outreach Church and the Larry Mitchell Trice Sr.
Outreach Center.
• David Nicklesen of United Van Lines expressed his support for competitive pricing.
• Lansing Councilmember Carol Wood urged the Board to consider the issues raised by the
workers who are out on the line to assure they have been thoroughly evaluated.
General Manager Pandy gave an overview of the background of the Customer Choice program
and commented on the program benefits. He stated that the program allows a developer or
property owner, on their own property to install water infrastructure, based on design and
Board Minutes Page 63
May 28, 2002
standards approved by the BWL, subject to BWL inspection. Customers can control their own
schedule and negotiate their own construction costs. This allows flexibility and puts the
customer in control of the competitive position.
The following members of the BWL Customer Choice Team commented on issues raised
concerning water system security, quality of work, inspections, costs,workforce management,
customer issues and process improvement issues:
• Doug Wood, Manager of System Integrity and Customer Projects, spoke on the benefits
of the program and responded to questions raised concerning inspections and training
provided for inspectors.
• Kellee Christensen, Principal Engineer from System Integrity and Customer Projects,
reported on how the Customer Choice Team and subcommittees were formed, which
included representation from bargaining and non-bargaining employees and the
collaborative efforts of team members in designing the program. She spoke on the
contractor qualification process.
• Jim Valentine, Supervisor of the Water Resource Center, spoke on the issue of contractor
work, the quality of their work, and the inspection process. He noted that at no time have
any inspector deficiencies been brought to his attention.
• Virginia Cluley, Manager of Customer Service, reported on communication and
coordination concerns and process improvement measures taken to address the issues.
She noted that every effort is being made to successfully implement the Customer Choice
program and provide quality service to the customer.
• Nick Burwell, Manager of Environmental Services, reported that Customer Choice does
not affect the security and reliability of the BWL's system. If substandard installation
were performed, it would only affect that particular service because the water main is
under heavy pressure and pushes water out. He emphasized that water security is a
significant focus for the BWL. The BWL is working actively with other municipalities
and consultants to keep abreast of security issues.
• Mary Dwyer, Manager of Employee and Labor Relations, stated that management met
with the Business Manager and President of 1BEW Local 352 to discuss concessions to
the Customer Choice Program. At this particular time, the settlement discussions have
not come to fruition. Management intends to continue its discussions with the union in
the usual union/management forum.
General Manager Pandy reviewed a draft of a Memorandum of Understanding concerning the
Water Customer Choice in the City of Lansing between Human Resources and IBEW.
Following discussion, it was moved by Commissioner Wonch, seconded by Commissioner
Royal, to go into closed session to discuss a legal issue related to the Customer Choice Program
(6:55 p.m.).
Page 64 Board Minutes
May 28,2002
Approved by roll call vote:
Aye: Commissioners Callen, Creamer,Haggart, Marin, Royal and Wonch -6
Nay: None
Absent: Commissioners Christian and Duncan.
The Committee of the Whole reconvened in open session at 7:09 p.m.
2. Revised Rules and Regulations and Updated Utility Fees and Charges
The General Manager presented an overview of the recommended changes to the Rules and
Regulations for Electric, Steam and Water. The fees and charges have been adjusted based on
the most recent cost experience. A revised schedule of fees and charges for each of the utilities
are included in the Rules and Regulations.
Complete copies of the Rules and Regulations, as amended, are filed with the Corporate
S ecretary.
RESOLUTIONS
The Committee of the Whole recommends the following resolutions:
TWO PILOT PROJECTS ESTABLISHED UTILIZING
CUSTOMER CHOICE WITHIN THE CITY OF LANSING
(Resolution #2002-5-7)
RESOLVED, That the Board of Water and Light undertake two pilot projects within the City of
Lansing for a six-month period utilizing Water Customer Choice; they being the Pentecostal
Outreach Church and the United Van Lines projects.
RESOLVED FURTHER, That staff is hereby directed to gather data with regard to the two pilot
projects and establish a database as suggested by the IBEW Local 352 Customer Choice
Proposal with regard to other"Choice"projects in outlying areas over the course of the next six
months for the purpose of benchmarking all associated Customer Choice problems to ensure
safety and construction quality in the water system.
RESOLVED FURTHER, That the Board of Water and Light not implement Water Customer
Choice within the City of Lansing, with the exception of the two pilot projects, to provide the
Commissioners sufficient time to evaluate, clarify and conclude that the program is working to
the Board's satisfaction according to the database and two pilot projects. At the end of the six-
month period, the Board will revisit the issue of Customer Choice and decide to either keep it
and extend it into the City of Lansing, or do away with it altogether.
Board Minutes Page 65
May 28,2002
RULES AND REGULATIONS FOR ELECTRIC, STEAM AND WATER SERVICES
(Resolution #2002-5-8)
RESOLVED, That the Board of Water and Light Rules and Regulations for Electric and Steam
Services, as amended, are hereby approved, subject to final legal review, with an effective date
of July 1, 2002.
RESOLVED FURTHER, That the Board of Water and Light Rules and Regulations for Water
Service, as amended, are hereby approved with the stipulation that Rule 9 (Water Customer
Choice Program) is to be rewritten to reflect the Board's Resolution of May 28, 2002 relative to
a Water Customer Choice Program in the City of Lansing. (Amended language for Rule 9 is
appended to the minutes—Exhibit C.)
The meeting adjourned at 7:25 p.m.
Respectfully submitted,
Charles M. Creamer, Chair Pro Tern
Committee of the Whole
[Commissioner Wonch joined the meeting by speakerphone at 5:50 p.m.]
Moved by Commissioner Creamer, seconded by Commissioner Haggart, that the Report of the
Committee of the Whole be accepted as presented.
Action: Carried unanimously.
Moved by Commissioner Creamer, seconded by Commissioner Haggart, on the approval of the
resolution to Establish Two Pilot Projects Utilizing Customer Choice Within the City of
Lansing (Resolution#2002-5-7).
Discussion and Creation of a Special Committee: Chairman Callen announced the creation of
a Special Committee on Current Water Issues to look at water main construction concerns
associated with the City's combined sewer overflow (CSO)project and alleged problems with
water line plugging, water system construction and inspection, meter installations, and fire
hydrant issues. Commissioner Marin will chair the special committee, which will also include
Commissioners Callen and Haggart and representatives from both management and the union.
Commissioner Royal expressed her support on the formation of the special committee to study
the water-related issues raised over the last several meetings.
Action: Approved by roll call vote:
Aye: Commissioners Callen, Christian, Creamer, Haggart, Royal, and Wonch (by speakerphone).
Nay: None
Absent: Commissioners Duncan and Marin.
Moved by Commissioner Creamer, seconded by Conurrissioner Haggart, to approve the Rules
and Regulations for Electric, Steam and Water Services, as amended. (Resolution#2002-5-8).
Action: Carried unanimously.
Page 66 Board Minutes
May 28,2002
GENERAL MANAGER'S RECOMMENDATIONS
Background materials on items presented are on f le in the Office of the Corporate Secretary.
Resolution #2002-5-9
FIRST AMENDMENT TO DB AND DC PLANS
RESOLVED, That the First Amendment to the Lansing Board of Water and Light Defined
Benefit Plan(DB) for Employee's Pensions is hereby adopted effective as stated therein.
FURTHER RESOLVED, That the First Amendment to the Lansing Board of Water and Light
Employees' Defined Contribution (DC) Pension Plan is hereby adopted effective as stated
therein; and
FURTHER RESOLVED, That the Chairman of the Board of Commissioners and the Corporate
Secretary are hereby authorized to execute said First Amendments and related documents on
behalf of the BWL.
Staff Remarks: The amendment language for each plan is attached. The receipt of favorable IRS
determination letters for the DB and DC plans was reported to the Commissioners at their April
23, 2002 Board meeting. There was a caveat in both letters regarding transportation fringe
benefits (company paid parking, bus passes, etc). The IRS wants the language added to each
plan even though the BWL has no such benefit.
Moved by Commissioner Royal, seconded by Commissioner Haggart, that the resolution be
approved.
Action: Carried unanimously.
UNFINISHED BUSINESS
None.
NEW BUSINESS
None
RESOLUTIONS
None
Board Minutes Page 67
May 28,2002
GENERAL MANAGER'S REMARKS
Ottawa Station Development. General Manager Pandy reported on the progress of the Ottawa
Station project. A package has been submitted by Mansur Real Estate Services containing a due
diligence summary, feasibility study, preliminary cost estimate, proposed site plan and
conceptual architectural drawings. These materials have been forwarded to the Mayor's Office
for review. Mr. Pandy reviewed a projected timetable for City commitment to the project and a
list of required conditions. He proposed a meeting in the near future to discuss the various issues
that are the responsibility of the respective organizations; namely, BWL, City of Lansing,
Mansur Real Estate Services and the State of Michigan. This item was referred to the
Committee of the Whole for review and discussion on responsibilities in conjunction with the
projected timetable.
Employee Satisfaction Survey. General Manager Pandy reported that an Employee Satisfaction
Survey has been distributed to all employees. To ensure confidentiality, the employees have
been instructed to mail the completed survey directly to MSI in a self-addressed envelope. MSI
plans to present the results by June 301h
Linda Gardner Accepts Position at Ingham Regional Medical Center, General Manager
Pandy announced that Human Resources Director Linda Gardner was recruited for and offered
the position of Chief Human Resources Officer at Ingham Regional Medical Center. Ms.
Gardner has accepted their offer of employment and is respectfully resigning her position with
the Board of Water and Light. Her last day of work will be June 14, 2002. A copy of her
resignation letter was distributed to the Coninussioners. The Commissioners accepted Ms.
Gardner's resignation with regret.
BWL Donates Safety Vests. A letter of thanks was received from Grove Christian School for
BWL donated traffic safety vests that were considered obsolete by MIOSHA for BWL use. The
vests were just right for the children who were involved in a "clean-the-highway" type of
campaign.
Fuel Cell Technology Explored. General Manager Pandy is meeting with Frank Colvin, Vice
President of Fuel Cell Development for General Motors (GM) on May 29"' to discuss
possibilities for working with the BWL on fuel cell development. This is an excellent prospect
for environmentally, acceptable distributed sources of power generation. General Motors
believes this venture is commercially viable within a three to seven-year time frame. The GM
team is seeking a fuel cell application for a premier commercial UPS system and will work with
BWL to obtain state money to fund such a project. An interesting aspect GM is considering is a
prototype community utilizing fuel-cell powered vehicles to park and plug into the home, which
would also power the home.
COMMISSIONERS' REMARKS
Commissioner Creamer echoed the comments made earlier in the meeting by Chairman Callen
with regard to congratulating Human Resources Director Linda Gardner on her new position.
Page 68 Board Minutes
May 28,2002
EXCUSED ABSENCE
By Commissioner Christian, seconded by Commissioner Royal, that the absences of
Commissioners Duncan and Wonch be excused.
Carried unanimously.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT.
No persons spoke.
ADJOURNMENT
There being no objection, the meeting adjourned by unanimous consent at 6:15 p.m.
Is/Mary E. Sova, Secretary
Filed with Lansing City Clerk
May 31, 2002
EXHIBIT A-1
BOARD OF WATER AND LIGHT-LANSING MICHIGAN
BUDGET FISCAL YEAR ENDING JUNE 30, 2003
$(000) WATER ELECTRIC STEAM TOTAL
;PROJECTED INCOME STATEMENT FY,2003 ......
;SALES 11,429,000 ccf 3,113,000 mwh 2,391,000 m1b
20,770,400 t-hrs
!OPERATING REVENUE 22,937 172,997 25,559 221,493
Operation/Maint Expense (16,028) (140,335) (15,225) (171,588)::
I: Depreciation Expense (3,781) (18,504 (3,567) (25,857_1!
;TOTAL OPERATING EXPENSE (19,809) (158,844) (18,792) (197,445)1
!:OPERATING INCOME
3,128 14,153 6,767 24,048 1!
Payment to City (827) (6,806) (1,022) (8,654);
Other Income 2,040 4,989 410 7,438
Other Expense (1 ,520) (1,314 1,682) (4,516):
'NET INCOME 2,820 11,022 4,473 18,316 .
:Return on Assets (2/28/02) 2.1% 5.1% 6.0% 4.3W
;Operating Ratio
93.8% 82.8% 92,0%:
PROJECTED. .CASH.. FLOW FY 2003
Operating Cash 2,908 21,570 2,470 26,948
Cash Reserves 4,196
6,834 1,159 12,189 .
Special Project Cash 114
1 .512 1.307 2,953 -
,BEGINNING CASH 7-1-2002 7,238 29,916 4,936 42,090
'Sources of Cash
Net Income 2,820 11,022 4,473 18,316
Bond Proceeds 0 24,980 0 24,980
Depreciation 3,781 18,509 3,567 25,857
'TOTAL SOURCES OF CASH 6,601 54,511 8,040 69,153
ISOURCES OF CASH + BEG. CASH
13,839 84,427 12,976 111,243
;:Uses of Cash
Debt Principal (1,633) (2,281) (2,015) (5,929);
i Transfer Repayment (778)
1,214 (436) 0
Capital Expenditures (7,030� M,930) (3,048) (41 ME).
!TOTAL USES OF CASH (9,441) (31,997) (5,499) (46,937)'
1 Operating Cash 2,004 17,542 1,903 21,449
Cash Reserves 2,000 9,000 1,000 12,000
Special Project Cash 394 25,888 4,574 30,857
2ENDING CASH 6-30-2003 1 4,398 52,430 7,477 64,306
Note: Excludes Central Utility Complex,revenue and d-'-d--e,-bt-service., B_w_-_L I income, from--,C-,U---C-included in other income. ...
Net Income does not include an estimated $5.1 million of P.yfrPnrHin=ry inrnmg,ri,io r,fh. F C74 c7v,)nna
EXHIBIT A-L
SUMMARY
ANNUAL CAPITAL ADDITIONS, PLANNED
LA NEDA CAPITAL
2002- PROFISC BUDGE BONDED CAPITAL PROJECTS
BOARD OF WATER AND LIGHT
Fiscal Year 2002-2003 Funding
- - ----------------
--------------- - - -
Total Expenditures Expenditures Total Bond
Project As Of Fiscal Year Project Cash Total
Flow Fund CIA
Dollars in (00Ws) Estimates 0--- ---2 2002 03 Balances - - _____
•---------------
ELECTRIC UTILITY
------------------------------" 0 14,276 0 12,408 D 1;868 14,276
Net Annual Capital Additions 14,276 8,074 0 711 8,785
41,760 20,740 8,785 12,235 0 9205 0 9,205
Net Planned Capital Projects 1,920 9,205 14,105 ,
Net Bonded Capital Projects 25,230
AL ELECTRIC UTILITY 81,266 22,660 32,266 9,205 2,579 32,266
26,340 20,482
WATER UTILITY l
_ _ _ 0 3,B73 0 19,118
Net Annual Capital Additions 892 2,583 1,523 1,783 22,991
-- - - --- 22,991 0 22,991 0 800 2,583
Net Planned Capital Projects 4,998 0 0 961 0 981
Net Bonded Capital Projects
961 0 961
6
8,950 892
2 ,535 1,523
TOTAL WATER UTILITY 2 5,656 961 19,918 26,535
STEAM UTILITY 30 593
------ --------------- ----- p 593 0 563 0
Net Annual Capital Additions 593 1,915 2,017 0 0 2,250
4,337 405 2,017 0 250 0 250
Net Planned Capital Projects 250 0 250 0
Net Bonded Capital Projects 30 2,B60
TOTAL STEAM UTILITY 5,180
405 2,860 1,915 2,580 250
CrAAMON FACILITIES 0 964
-• •------------------------ -- 0 964 0 964 0
Net Annual Capital Additions 964 2 259 910 0 237 1,147
5,414 2,008 1,147 0 0 0
Net Planned Capital Projects 0
Net Bonded Capital Projects
TOTAL COMMON FACILITIES 6,378
2,0 88 2,111 2,259 1,874 0 237 2,111
BOARD OF WATER &LIGHT
824
Total Annual Capital Additions 38,824 17,808 0 21,748 14,532
0 38,824 0
0 1,748 14,532
Total Planned'Capital Projects 56,509 24,045 14,532 17,932 12,784 0 10,416
Total Bonded Capital Projects 26,441 1,920 10,416 14,105
0 10,416
OTAL BOARD OF WATER &LIGHT 121,774 25,965 63,772 32,037 30,592 10,416 22,764 63,772
Page 1 of 19
OTE: Budgeted Capital Expenditures = $63,772 less $22,764(CIA) _$41,008 less $10,416 (Bond Funds) _$30,592 Final
CIA=Contribution in Aid
EXHIBIT B
Economic Parameters For Fiscal Year 2003 Studies (Issued 5/9/02)
Fiscal Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
Inflation Factor(O&M)•3% 1.030 1.061 1.093 1,126 1.159 1.194 1.230 1.267 1,305 1.344
Inflation Factor(Fuel,Chemical) -2% 1.020 1.040 1,061 1.082 1.104 1.126 1.149 1.172 1,195 1.219
Capital Escalation Factor.4% 1.040 1.082 1.125 1.170 1.217 1,265 1.316 1.369 1,423 1,480
Minimum Rate of Return-Mandatory Projects 5.59/6
Minimum Rate of Return-Necessary Projects S.5%
Minimum Rate of Return-Discretionary Projects 12.0%
Present Worth Factor•MRR 5.5% 0.9479 0.8985 0.8516 0.8072 0.7651 0.7252 0.6874 0.6516 0,6176 0.5854
Present Worth Factor-MRR 8.5% 0.9217 0.8495 0.7829 0.7216 0.6650 0,6129 0,5649 0.5207 0,4799 0.4423
Present Worth Factor-MRR 12.0% 0.8929 0.7972 0.7118 0.6355 0.5674 0,5066 0,4523 0.4039 0.3606 0.3220
Fixed Charge Rate-Bonded Projects
Project Payback Period(years) 5 10 15 20 25 30
-Mandatory Project 23.89% 13.53% 10.16% 8.54% 7,60% 7.02`/a
-Necessary Project 25,88% 15,55% 12.28% 10.78% 9.97% 9.49%
-Discretionary Project 28.30% 18.05% 14.98% 13.66% 13.01% 12.66%
Fixed Charge Rate•Projects Not Bonded
Project Payback Period(years) 5 10 15 20 25 30
-Mandatory Project 23,42% 15.79% 13.27% 9,96% 8,37% 7.46%
-Necessary Project 25.36% 17.73% 15.24% 12.04% 10.57% 9.77%
-Discretionary Project 27.74% 20.13% 17.70% 14,66% 13.39% 12.75%
System Avoided Cost
Electric(SIMWhs) 17.43 17.49 17.59 17.71 17.86 18.32 18.79 19.2E 19.77 20.28
Steam(SIMIb) 2.87 2.86 2.89 2.91 2.94 3.01 3.09 3.17 3.25 3.34
Water(see note 11
System Marginal Cost
Electric(SIMWhs) 16.76 16.83 16.92 17.04 17.16 17,63 18.08 18.54 19.02 19.51
Steam(SIMlb) 2.83 2.84 2.85 2,87 2,90 2,97 3.05 3.13 3.21 3.29
Water(`bICCF)tsee note 21 0.4759 0.4878 0.5000 0.5126 0.5254 0.5386 0.5522 0.5661 0.5803 0.5950
Operating Expense Ratio(Excludes PILT and Depreciation)
Electric(S O&M Expense I S Revenue) 0.62 0.62 0.62 0.62 0.62 0.83 0.83 0.83 0.83 0.83
Steam(S 08M Expense I S Revenue) 0.69 0.69 0.69 0.69 0.69 0.87 0.87 0.87 0.87 0.87
Water(S 08M Expense/5 Revenue) 0.34 0.34 0.34 0.34 0.34 0.73 0.73 0.73 0.73 0.73
Average System Loss Factors
•Electric(I-Retail Sales/Net Gen Req) 3,4% 3.4% 3.4% 3.4% 3.4% 3.4% 3.4% 3.4% 3.4% 3.4%
•Steam(I-Retail Sales/Net Gen Req) 5,5% 5.5% 5.5% 5.5% 5.5% 5.5% 5.5% 5.5% 5.5% 5.5%
Water 0-SaleslNet Pumpage to System) 1010% 10,01/6 10.0% 10.0% 10.0% 10.0% 10,0% 10.0% 10.0% 10.0%
MPPA Capacity Revenue Offset(SIMWlmonth) 3,000 3,090 3,183 3.278 3,377
Payment In Lieu of Taxes(PILT) 4.o%
Notes:
1 For Water Avoided Casts contact Bulk Power and Resource Planning at 702-6504.
2 Water Marginal Costs are being reviewed.
3 Fnr M.�x r-, « o,o,r, i� -a,,..,i..,....
EXL .lT C
WATHu.,r.,sr Lansing Board of Water Customer Choice Program
on Water and Light DRAFT #2 Rule and Regulation 9
Water Customer Choice Program
1. General
The Board will accept and permit Customer installation of Customer Water Service(s) and On-Site
Water Mains,provided the following conditions are met.
(1) The Board has approved the Customer's contractor prior to construction.
(2) The Customer has signed a Water Customer Choice agreement with the Board prior to
constriction.
(3) The Customer has provided, and the Board has approved drawings, material lists and a
flushing and disinfection plan.
(4) The Customer has paid any and all applicable fees and charges.
(5) The installation of Customer Water Service(s) and/or On-Site Water Mains has been inspected
and approved by the Board or its authorized agent.
(6) Customer has dedicated Customer Water Service(s) and/or On-Site Water Mains to the Board.
Inquiries regarding the Water Customer Choice Program should be directed to the Board's System
Integrity & Customer Projects Department,
2. Contractor Qualification and Approval
Contractors desiring to become qualified and approved to install On-Site Water Mails and Customer
Water Services should contact the Material Services Management Resource Center. A charge for the
initial Permit Application and an Annual Contractor's Qualification Permit shall be assessed as stated
in Rulc 1
I Residential Services
Customers installing residential water services shall be required to pay an "Inspection" charge for
each inspection and a"Mcter-sct"charge for Board furnished meter-sets as stated in Rule 1 .
4. Deposit for On-Site Water Mains and Large Services
A deposit shall be required for any Customer desiring to install On-Site Water Mains or Customer
Water Services 2" and larger. The amount of such deposit shall be as stated in Rule 15.•
Upon project completion, the deposit shall be adjusted to reflect the actual Board cost with a final
billing or refivad made to the Customer,
5. Permits
The Board will obtain the MDEQ Permit For Water System Construction. The Customer shall be
required to obtain all other permits.
54
Preliminary Minutes—Subject to Board Approval
MINUTES OF THE BOARD OF COMMISSIONERS' SPECIAL MEETING
LANSING BOARD OF WATER AND LIGHT
Tuesday, May 28, 2002
The Board of Commissioners met in special session at 5:30 p.m. in the Boardroom of the
Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Chairman Ron Callen called the
meeting to order.
Present: Commissioners Ron C. Callen, Ernest J. Christian, Charles M. Creamer, Tim
Haggart, Diane R. Royal, - 5.
Absent: Nancy W. Duncan, Connie Marin, and Nancy A. Wonch (on speakerphone fora portion
of the meeting)-3
The Secretary declared a quorum present.
All said the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion made by Commissioner Royal, seconded by Commissioner Haggart, to approve the
minutes of regular session held April 23, 2002.
Carried unanimously.
Motion made by Commissioner Royal, seconded by Commissioner Haggart, to approve the
minutes of special session held May 14, 2002.
Carried unanimously.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT
NOW, OR AT THE END OF THE MEETING.
Lansing City Councilmember Carol Wood thanked the Commissioners for the amount of time
and effort the Board has devoted to the question of"Customer Choice" in the City of Lansing.
She stated that in trying to unravel the complex problems concerning "Customer Choice," the
Combined Sewer Overflow (CSO) project has merged into those problems. The overall question
that remains is having a reliable system for water services. The Commissioners, management
and the union were invited to attend a joint meeting of the Council's Public Safety and Public
Board Minutes Page 55
May 28,2002
Service Committees, tentatively set for June 18, 2002 at 11:00 a.m., for input in addressing the
integrity of the fire hydrant systems. She urged the Board to support the proposal of the BWL
Committee of the Whole to establish two pilot projects utilizing "Customer Choice" in the City
of Lansing and gathering data on the program to ensure safety and construction quality in the
water system.
Robin Smith, Building Committee Chairperson of Pentecostal Outreach Church, Lansing,
thanked the Board for allowing the Pentecostal Outreach Church project to proceed as a pilot
project utilizing"Customer Choice"within the City of Lansing.
Rodney Hayes, Trustee of Pentecostal Outreach Church, expressed his appreciation to the Board
for considering the pilot "Customer Choice"project for the church.
COMMUNICATIONS
None.
FINANCE COMMITTEE REPORT
The Finance Committee met on May 14, 2002 at 5:30 p.m. to discuss the following items:
I. Fiscal Year 2003 O&M and Capital Budgets
2. Economic Parameters for Fiscal Year 2003 Studies and Evaluations
3. Utility Rules and Regulations
4. Resale of Long Distance Services
5. Business Ethics Policy
Committee members present were Commissioners Duncan (Chair), Callen (alternate), Royal
(alternate), and Wonch. Absent were Commissioners Christian and Creamer.
I. Fiscal Year 2003 Annual Budget
General Manager Pandy presented an overview of the proposed Fiscal Year 2003 Operations and
Maintenance Budget. The proposed budget was based on the following assumptions:
Individual utility budgets will meet anticipated system needs consistent with BWL base load
forecasts.
• Budget is lean to allow BWL to operate and maintain its system within its revenue streams,
without additional borrowing, other than the $25 million bond issue required for NOx
compliance with new Federal regulations.
• Utility budgets will meet the strategic priorities outlined in the strategic plans.
• Budget is fundamentally status quo, with one major inherent policy implication, which is the
continuance of fully paid medical insurance for employees and retirees.
Page 56 Board Minutes
May 28,2002
• Budget assumes no change to the pension plan. The Board's Human Resources Committee
is discussing pension Plan Parameters.
• Budget will not result in any diminution of services to customers.
• Cost containment items include:
o Fuel cost reduction associated with less General Motors steam load than budget for
FY'02.
o Reduction of Commercial Customer Satisfaction Survey from annual to every other year.
o Reduction from two to one annual Residential Customer Satisfaction Survey.
o Belle River Power Supply debt service credit continues at 5% from Michigan Public
Power Agency's trust funds.
o Reduction of budgeted staff positions from 755 to 750 positions.
o Consolidation of management, with the retirement of the Director of Delivery; Assistant
General Manager Bill Cook will also function as Director of Delivery.
o No cross utility transfers; the repayment of past transfers has been budgeted, based on a
15-year payback schedule, without interest.
o Property insurance increase (+$1,292,000).
[Commissioners Royal and Wonch left the meeting at 6:45 p.m.]
The total capital budget for Fiscal Year 2003 includes projects for:
Electric $32.3 million
Water $26.5 million
Steam $ 2.9 million
Common $ 2.1 million
TOTAL $63.8 million
Funding for the projects is derived from the following sources:
Depreciation and Net Income Cash Flow $30.6 million
Contribution-in-Aid from developers $22.8 million
Bond Funds $10.4 million
TOTAL $63.8 million
Consistent with the Board's direction relative to growth for the water utility, distribution projects
totaling $22.5 million are funded by developers contribution-in-aid in the amount of $19.1
million (85%).
Board Minutes Page 57
May 28,2002
Consistent with the Electric Strategic Plan, electric capital is kept below $24 million, except for
NOx compliance projects, to be funded by a bond issue of$25 million.
II. Economic Parameters for Fiscal Year 2003 Studies and Evaluations
Proposed economic parameters to be utilized in performing economic analyses of alternatives for
projects in Fiscal Year 2003 were reviewed. In Fiscal Year 2000, staff identified the need for a
standardized consistent set of economic parameters for use in project evaluations. R. W. Beck
subsequently reviewed the BWL proposed methodology and parameters and agreed that
parameters need to be reviewed and updated annually.
III. Board of Water and Light Rules and Regulations
The Rules and Regulations for Electric, Water and Steam were referred to the Committee of the
Whole for consideration at such time when the issue of allowing Water Customer Choice in the
City of Lansing is discussed.
IV. Resale of Long Distance Services
Management's proposed concept of the BWL working with a long distance telephone service
provider to supply customers with long distance phone service was deferred for a future meeting.
The Committee expressed concern that this service would be a significant change in the BWL's
mission that merits slow, deliberative action. The General Manager agreed to bring forth a
business case as to why the BWL should proceed with this service for consideration.
V. BWL Business Ethics Policy
Director of Metrics and Audits Kellie Willson has requested an advisory opinion from the City
of Lansing Ethics Board with respect to gifts from vendors and solicitation of items or funds
from vendors for charity. The Committee deferred further discussion on this matter until such
time that an advisory opinion is rendered from the Ethics Board, which is anticipated by the end
of June, 2002.
RESOLUTIONS
The Finance Committee recommends the following resolutions:
FISCAL YEAR 2003 O&M BUDGET
(Resolution #2002-5-2)
RESOLVED, That the annual Operating and Maintenance Budget covering Fiscal Year 2003 is
hereby approved as presented. (Appended to the minutes—Exhibit A-1.)
Board Minutes
Page 58 May 28,2002
FISCAL YEAR 2003 CAPITAL BUDGET
(Resolution #2002-5-3)
al Capital Budget covering Fiscal Year 2003 is hereby approved as
RESOLVED, That the annu
presented. (Appended to the minutes—Exhibit A-2.)
RESOLVED FURTHER, That the capital projects are authorized in the amount of the Project
Estimate. Capital Expenditures for Fiscal Year 2003 are limited to the amount included in the
budget.
ECONOMIC PARAMETERS FOR FISCAL 2003 STUDIES
(Resolution #2002-5-4)
RESOLVED, That the Economic Parameters for Fiscal Year 2003 Studies are approved as
presented. (Appended to the minutes—Exhibit B.)
There being no further business, the meeting adjourned at 6:35 p.m.
Respectfully submitted,
Nancy W. Duncan, Chair
Finance Committee
Moved by Commissioner Callen, seconded by Commissioner Royal, that the Report of the
Finance Committee be accepted as presented.
Action: Carried unanimously.
Moved by Commissioner Callen, seconded by Commission
er o Crell amer, on the approval of the
resolution to adopt the Fiscal Year 2003 O&M Budget (x
Action: Carried unanimously.
Moved by Commissioner Callen, seconded by Commissioner Cre
#mer, o the approval of the
resolution to adopt the Fiscal Year 2003 Capital Budget (Resolution
Action: Carried unanimously.
Moved by Commissioner Callen, seconded by Commis ioner Roy ,s(Resolution oe appro#2002-5val of the
resolution to adopt the Economic Parameters for Fiscal 2003 Studie
Action: Carried unanimously
HUMAN RESOURCES COMMITTEE REPORT
The Human Resources Committee met on May 21, 2002 at 4:30 p.m. to discuss the following
matters:
1. Non-Bargaining Skill Family Range Adjustments for Fiscal Year 2003.
Board Minutes
May 28,2002 Page 59
2. Non-Bargaining Performance Increase Matrix for Fiscal Year 2003
3. Share the Success Program for Fiscal Year 2003
4. Pension Negotiation Parameters
Present were cominittee members Royal (Chair), Callen, Haggart and Marin.
1. Non-Bargaining Skill Family Range Adjustments for Fiscal Year 2003.
Paul Reagan of Dorey, Reagan &Associates provided an overview of the 2002 market analysis
conducted to examine competitive market (50t�'percentile) rates of pay for benchmark jobs. The
proper determination of competitive compensation levels for benchmark jobs requires the
compilation of multiple salary data sources. These include published compensation survey data
sources that report local, regional and national data. A key feature of this process is the use of
survey data that are comparable in terms of the specified job, gross operating revenues of the
organization, region, and number of employees. Mr. Reagan responded to questions relative to
the matching process and characteristics utilized to ensure that the salary data selected are from
organizations similar to the BWL.
2• Non-Bargaining Performance Increase Matrix for Fiscal Year 2003.
Human Resources Director Linda Gardner presented an overview on how the appropriate base
performance increase matrix for Non-Bargaining employees was determined for Fiscal Year
2003. In 1998, the BWL revised its Wage and Salary Plan for Non-Bargaining employees from
general "across-the-board" salary increases to increases linked to job performance. Consultant
Dory, Reagan &Associates assisted in developing the performance increase matrix.
Management considerations include (1) containing salary costs within a budget based on the
organization's ability to pay; (2) making salary increases based on meaningful levels of
employee perfonmance; (3) relating these to general economic and labor market conditions; and
(4)preparing a salary matrix that provides management some discretion to award increases based
on performance appraisals within the range of performance increases and within imposed
budgetary constraints.
3. Share the Success Program for Fiscal Year 2003
General Manager Pandy explained that the executive staff had discussed some alternatives for a
new Share the Success Program. As outlined in the February 2002 Memorandum of
Understanding with IBEW Local 352, the new program will consist only of corporate measures
with bonuses ranging from 0 to 5%. The 5%maximum bonus will not be changed for the
duration of the current contract. The new program should have fewer measures and be simpler
and easier to administer.
Director of Metrics and Audits Kellie Wilson explained that the materials provided to the Human
Resources Committee members outlined a few possible approaches for defining the details of a
new plan. They compare the likely impact on the BWL and on employees of the new plan
versus the old corporate Share the Success program. Ms. Wilson emphasized that under the
terms of the Memorandum of Understanding, the new plan is highly dependent upon financial
performance. Bonuses would be at most $300 per employee if the non-financial measures are
fully met, but the financial goal is not achieved.
Board Minutes
Page 60 May 28,2002
The same materials were recently provided to the union leadership on d will serve Manageas a are
point for jointly developing the details of the new plan. B
anxious to complete this work by the end of June. The work Committee the union eadershipson the
Human Resources Director Linda Gardner to proceed to work
new Share the Success plan. The new plan is subject to the approval of the General Manager and
the Commissioners.
4, Pension Negotiation Parameters
Moved by Commissioner Callen, seconded by Commissioner Marin,to go into closed session for
the purpose of discussingpension negotiation parameters (5:08 p.m.). The Committee
reconvened in open session at 5:30 p.m.
After review and discussion of upcoming pension negotiations and related issues,management
was directed to work to control pension costs.
RESOLUTIONS
The Human Resources Committee recommends the following resolutions:
(Resolution#2002-5-5)
RESOLVED, that the Non-Bargaining Skill Family Range Adjustment for Fiscal Year 2003 is
hereby approved.
Y RANGE ADJUSTMENTS FOR FISCAL YEAR 2003.
NON-BARGAINING SKILL FAMIL
Skill family Range Adjustment)
2•0%
Customer Service & Office
2.0%
Directors 5.0%
Engineering & Scientific 3.0%
Finance &Purchasing 3 0%
Human Resources &Legal .0%
Information Technology 0%
Marketing & Communications 2.0%
Technical
'Salary ranges are adjusted at midpoint to reflect the surveyed market movement for each skill family.
(Resolution #2002-5-6)
RESOLVED, That the Non-Bargaining Performance Increase Matrix for Fiscal Year 2003 is
hereby approved.
Board Minutes
May 28,2002 Page 61
PERFORMANCE INCREASE MATRIX FOR FISCAL YEAR 2003
FY 2003 Appraised Performance Increase
Level of Performance
Percentage Range'
451 or higher Outstanding 6.00% to 7.50%
376 to 450
376 to 375 Exceeds 4.00% to 5.50%
226 to 75 Meets 3.00% to 3.50%
Needs Improvement 1.00% to 1.50%
225 or less
Fails 0.00%to 0.00%
'Salary increase percentage range within specified limits. Managers may recommend salary
increase percentages in %percent increments.
Other considerations: In order to be eligible to receive a"Power Performer" award, the
employee's performance level must be at the top end of the salary increase range (7.5%).
The meeting adjourned at 5:30 p.m.
Respectfully submitted,
/s/Diane R. Royal, Chair
Human Resources Committee
Moved by Commissioner Royal, seconded by Commissioner Christian, that the Report of the
Human Resources Committee be accepted as presented
Action: Carried unanimously.
Moved by Commissioner Royal, Seconded by Commissioner Haggart, on the approval of the
resolution to adopt the Non-Bargaining Skill Family Range Adjustment for Fiscal Year 2003
(Resolutiar #2002-5-5).
Action: Carried unanimously.
Moved by Commissioner Royal, seconded by Commissioner Christian, on the approval of the
resolution to adopt the Performance Increase Matrix for Fiscal Year 2003 (Resolutia:#2002-5-6).
COMMITTEE OF THE WHOLE REPORT
The Committee of the Whole met on May 21, 2002 to discuss and consider water construction
alternatives (Customer Choice) and the Rules and Regulations for electric, water and steam.
Chair Pro Tem Charlie Creamer called the meeting to order at 5:35 p.m. Present were
Commissioners Callen, Haggart, Marin, Royal, Wonch and Creamer. Absent were
Commissioners Christian and Duncan.
Board Minutes
May 28,2002
Page 62
1, Water Construction Alternatives (Customer Choice in the City of Lansing)
following Persons spoke in opposition to offering Water Customer Choice in the City of
Theg p
Lansing:
• Michael Stanley,BWL employee of MCRC, expressed concern with safety and quality
issues.
• Stephen Jahner, Owner of Capitol City Comics and Books, spoke on damages caused
from the CSO project.
• Jeff Lachance, BWL employee of Customer service,
a letter .from BWL customer
Stan Pollitt, dated May 20, 2002,regarding problems w
Joseph Davis,President of IBEW Local 352 and BWL employee of MCRC, spoke on
various issues that still need to be addressed by management.
• Jim Dravenstatt,BWL employee of Customer Service, expressed concern with quality
issues.
Curt Gates,Business Manager of IBEW Local 352 and BWL
employee performing waterMCRC, stated
that many problems remain to be worked out with contra p
installations for BWL. He presented the Board with a proposal from IBEW Local 352.
The
following persons spoke in favor of offering Water Customer Choice in the City of Lansing:
The following representatives from Pentecostal Outreach Church urged the Board to
support customer choice to create competitive pricing:
➢ Robin Smith,Building Committee Chairperson, reported on the Larry Mitchell
Trice Sr. Outreach Center project.
➢ Chad Husted, of Hirsch Constriction and Construction Manager of the
Pentecostal Outreach project.
➢ Cindy Theresa Humes,mouth Pastor of Pentecostal Outreach Church.
➢ Tracy Tipton of Pentecostal Outreach Church and the Larry Mitchell Trice Sr.
Outreach Center.
• David Nicklesen of United Van Lines expressed his support for competitive pricing.
• Lansing Councilmember Carol Wood urged the Board toconsider the evaluateissues d ised by the
workers who are out on the line to assure they have been thoroughly
General Manager Pandy gave an overview of the background of the Customer Choice program
and commented on the program benefits. He stated that
at the pruograe,based on design and r
property owner, on their own property to install water
Board Minutes
May 28,2002 Page 63
standards approved by the BWL, subject to BWL inspection. Customers can control their own
schedule and negotiate their own construction costs. This allows flexibility and puts the
customer in control of the competitive position.
The following members of the BWL Customer Choice Team commented on issues raised
concerning water system security, quality of work, inspections, costs, workforce management,
customer issues and process improvement issues:
• Doug Wood, Manager of System Integrity and Customer Projects, spoke on the benefits
of the program and responded to questions raised concerning inspections and training
provided for inspectors.
• Kellee Christensen, Principal Engineer from System Integrity and Customer Projects,
reported on how the Customer Choice Team and subcommittees were formed, which
included representation from bargaining and non-bargaining employees and the
collaborative efforts of team members in designing the program. She spoke on the
contractor qualification process.
• Jim Valentine, Supervisor of the Water Resource Center, spoke on the issue of contractor
work, the quality of their work, and the inspection process. He noted that at no time have
any inspector deficiencies been brought to his attention.
• Virginia Cluley, Manager of Customer Service, reported on communication and
coordination concerns and process improvement measures taken to address the issues.
She noted that every effort is being made to successfully implement the Customer Choice
program and provide quality service to the customer.
• Nick Burwell, Manager of Environmental Services,reported that Customer Choice does
not affect the security and reliability of the BWL's system. If substandard installation
were performed, it would only affect that particular service because the water main is
under heavy pressure and pushes water out. He emphasized that water security is a
significant focus for the BWL. The BWL is working actively with other municipalities
and consultants to keep abreast of security issues.
0 Mary Dwyer, Manager of Employee and Labor Relations, stated that management met
with the Business Manager and President of IBEW Local 352 to discuss concessions to
the Customer Choice Program. At this particular time, the settlement discussions have
not come to fruition. Management intends to continue its discussions with the union in
the usual union/management forum.
General Manager Pandy reviewed a draft of a Memorandum of Understanding concerning the
Water Customer Choice in the City of Lansing between Human Resources and IBEW.
Following discussion, it was moved by Commissioner Wonch, seconded by Commissioner
Royal, to go into closed session to discuss a legal issue related to the Customer Choice Program
(6:55 p.m.).
Board Minutes
Page 64 May 28,2002
Approved by roll call vote:
Aye: Commissioners Callen, Creamer,Haggart,Marin,Royal and Wonch -6
Nay: None
Absent: Commissioners Christian and Duncan.
The Committee of the Whole reconvened in open session at 7:09 p.m.
2. Revised Rules and Regulations and Updated Utility Fees and Charges
The General Manager presented an overview of the recommended changes to the Rules and
Regulations for Electric, Steam and Water. The fees and charges have been adjusted based on
the most recent cost experience. A revised schedule of fees and charges for each of the utilities
are included in the Rules and Regulations.
Complete copies of the Rules and Regulations, as amended, are filed with the Corporate
Secretary.
RESOLUTIONS
The Committee of the Whole recommends the following resolutions:
TWO PILOT PROJECTS ESTABLISHED UTILIZING
CUSTOMER CHOICE WITHIN THE CITY OF LANSING
(Resolution #2002-5-7)
RESOLVED, That the Board of Water and Light undertake two pilot projects within the City of
Lansing for a six-month period utilizing Water Customer Choice; they being the Pentecostal
Outreach Church and the United Van Lines projects.
RESOLVED FURTHER, That staff is hereby directed to gather data with regard to the two pilot
projects and establish a database as suggested by the IBEW Local 352 Customer Choice
Proposal with regard to other"Choice"projects in outlying areas over the course of the next six
months for the purpose of benchmarking all associated Customer Choice problems to ensure
safety and construction quality in the water system.
RESOLVED FURTHER, That the Board of Water and Light not implement Water Customer
Choice within the City of Lansing, with the exception of the two pilot projects, to provide the
Commissioners sufficient time to evaluate, clarify and conclude that the program is working to
the Board's satisfaction according to the database and two pilot projects. At the end of the six-
month period, the Board will revisit the issue of Customer Choice and decide to either keep it
and extend it into the City of Lansing, or do away with it altogether.
Board Minutes Page 65
May 28,2002
RULES AND REGULATIONS FOR ELECTRIC, STEAM AND WATER SERVICES
(Resolution #2002-5-8)
RESOLVED, That the Board of Water and Light Rules and Regulations for Electric and Steam
Services, as amended, are hereby approved, subject to final legal review,with an effective date
of July 1, 2002.
RESOLVED FURTHER, That the Board of Water and Light Rules and Regulations for Water
Service, as amended, are hereby approved with the stipulation that Rule 9 (Water Customer
Choice Program) is to be rewritten to reflect the Board's Resolution of May 28, 2002 relative to
a Water Customer Choice Program in the City of Lansing. (Amended language for Rule 9 is
appended to the minutes—Exhibit C.)
The meeting adjourned at 7:25 p.m.
Respectfully submitted,
Charles M. Creamer, Chair Pro Tern
Committee of the Whole
[Commissioner Wonch joined the meeting by speakerphone at 5:50 p.m.]
Moved by Commissioner Creamer, seconded by Commissioner Haggart, that the Report of the
Committee of the Whole be accepted as presented.
Action: Carried unanimously.
Moved by Commissioner Creamer, seconded by Commissioner Haggart, on the approval of the
resolution to Establish Two Pilot Projects Utilizing Customer Choice Within the City of
Lansing (Resolution#2002-5-7).
Discussion and Creation of a Special Committee: Chairman Callen announced the creation of
a Special Committee on Current Water Issues to look at water main construction concerns
associated with the City's combined sewer overflow (CSO) project and alleged problems with
water line plugging, water system construction and inspection, meter installations, and fire
hydrant issues. Commissioner Marin will chair the special committee, which will also include
Commissioners Callen and Haggart and representatives from both management and the union.
Commissioner Royal expressed her support on the formation of the special committee to study
the water-related issues raised over the last several meetings.
Action: Approved by roll call vote:
Aye: Commissioners Callen, Christian, Creamer, Haggart, Royal, and Wonch(by speakerphone).
Nay: None
Absent: Commissioners Duncan and Marin.
Moved by Commissioner Creamer, seconded by Commissioner Haggart, to approve the Rules
and Regulations for Electric, Steam and Water Services, as amended. (Resolution#2002-5-8).
Action: Carried unanimously.
Board Minutes
Page 66 May 28,2002
GENERAL MANAGER'S RECOMMENDATIONS
Background materials on items presented are on file in the Office of the Corporate Secretary.
Resolution #2002-5-9
FIRST AMENDMENT TO DB AND DC PLANS
ned
RESOLVED, That the First Amendment to the Lansing Board
effective as st t d Lighthere n.
Benefit Plan(DB) for Employees Pensions is hereby adop
FURTHER RESOLVED, That the First Amendment to the Lansing Board of Water and Light
Employees' Defined Contribution(DC)Pension Plan is hereby adopted effective as stated
therein; and
FURTHER RESOLVED, That the Chairman d the Boar Commissioners and elated docum ntss Corporate
Secretary are hereby authorized to execute said First Amendments
behalf of the BWL.
staffRemarks: The amendment language for each plan is attached.Commissioners at theirfavorable
S
determination letters for the DB and DC plans was reportel t� t
23, 2002 Board meeting. There was a caveat in botheeIRSswa ar tsdthe language added ing transportation peach
ge
benefits (company paid parking,bus passes, etc). T
plan even though the BWL has no such benefit.
onded by Commissioner Haggart, that the resoluti
Moved by Commissioner Royal, sec on be
approved.
Action: Carried unanimously.
UNFINISHED BUSINESS
None.
NEW BUSINESS
None
RESOLUTIONS
None
Board Minutes
May 28,2002 Page 67
GENERAL MANAGER'S REMARKS
Ottawa Station Development. General Manager Pandy reported on the progress of the Ottawa
Station project. A package has been submitted by Mansur Real Estate Services containing a due
diligence summary, feasibility study, preliminary cost estimate, proposed site plan and
conceptual architectural drawings. These materials have been forwarded to the Mayor's Office
for review. Mr. Pandy reviewed a projected timetable for City commitment to the project and a
list of required conditions. He proposed a meeting in the near future to discuss the various issues
that are the responsibility of the respective organizations; namely, BWL, City of Lansing,
Mansur Real Estate Services and the State of Michigan. This item was referred to the
Committee of the Whole for review and discussion on responsibilities in conjunction with the
projected timetable.
Employee Satisfaction Survey. General Manager Pandy reported that an Employee Satisfaction
Survey has been distributed to all employees. To ensure confidentiality, the employees have
been instructed to mail the completed survey directly to MSI in a self-addressed envelope. MSI
plans to present the results by June 30"'.
Linda Gardner Accepts Position at Ingham Regional Medical Center. General Manager
Pandy announced that Human Resources Director Linda Gardner was recruited for and offered
the position of Chief Human Resources Officer at Ingham Regional Medical Center. Ms.
Gardner has accepted their offer of employment and is respectfully resigning
the Board of Water and Light. Her last day of work will be June 14, 2002. A copy of heir
resignation letter was distributed to the Commissi
Gardner's resignation with regret. oners. The Commissioners accepted Ms.
BWL Donates Safety Vests. A letter of thanks was received from Grove Christian School for
BWL donated traffic safety vests that were considered obsolete by MIOSHA for BWL use. The
vests were just right for the children who were involved in a "clean-the-highway" t of
campaign, ype
Fuel Cell Technology Explored. General Manager Pandy is meeting with Frank Colvin, Vice
President of Fuel Cell Development for General Motors (GM) on May 29`h to discuss
possibilities for working with the BWL on fuel cell development. This is an excellent prospect
for enviromnentally, acceptable distributed sources of power generation. General Motors
believes this venture is commercially viable within a three to seven-year time frame. The GM
team is seeking a fuel cell application for a premier commercial UPS system and will work with
BWL to obtain state money to fund such a project. An interesting aspect GM is considering is a
prototype community utilizing fuel-cell powered vehicles to park and plug into the home, which
would also power the home.
COMMISSIONERS' REMARKS
Commissioner Creamer echoed the comments made earlier in the meeting by Chairman Callen
with regard to congratulating Human Resources Director Linda Gardner on her new position.
Board Minutes
May 28,2002
Page 68
EXCUSED ABSENCE
ner Christian, seconded by
Commissioner Royal, that the absences of
By Commissio
Commissioners Duncan and Wonch be excused.
Carried unanimously.
PUBLIC COMMENTS
CED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
THE CHAIR ANNOUN BOARD OF WATER AND LIGHT SUBJECT.
SPEAK TO THE BOARD ON ANY
No persons spoke.
ADJOURNMENT
e bein no objection,the meeting adjourned by unanimous consent at 6:15 p•m•
Ther g
Is/Mary E. Sova, Secretary
Filed with Laming City Clerk
May 31, 2002
BOARD OF WATER AND LIGHT-LANSING MICHIGAN EXHIBIT A-1
BUDGET FISCAL YEAR ENDING JUNE 3012003
$(000) WATER
ELECTRIC STEAM TOTAL
PROJECTED INCOME STATEMENT F 2003
.Y .......... .................. ......___........
:SALES
11,429,000 ccf 3,113,000 mwh 2,391,000 mlb
'OPERATING REVENUE 20,770,400 t-hrs
22,937 172,997
25,559
221,493
Operation/Maint Expense
Depreciation Expense (16,028) (140,335)
(15,225)
781 (171,588)
TOTAL
OPERATING EXPENSE (1567)
�: OPEP 0, ) aamq�
(19,809) (158,844) (18,792) Z,857).
(197,445)�
!OPERATING INCOME
3,128 14,153 6,767 24,048
Payment to city
Other Income (827) (6,806 (1
)
,022) (8,654).�
2,040
Other Expense 4,989 410 7,438
;NET INCOME 0.520) 1314 41682) 44,516)
2,820 Y
11,022 4,473 18,316
Return on Assets (2/28/02) 2.1%
:Operating, Rati.a...., 88.7% 5.1% 6.0%
93.8%
82.8%
'PROJECTED CASH FLOW.
Y 2003
Operating Cash
Cash Reserves 2,908 21,570
2,470 26,948
Special Project Cash 4,196 6,834 1,159 12,189
.BEGINNING CASH 7.1-2002 13412 1.307 2,953
7,238 29,916 4,936 42,090
iSources of Cash
Net Income
Bond Proceeds 2,820 11,022
4,473
Depreciation 24,980
0 24,980
-15.5
1'TOTAL OTAL SOURCES OF CASH 3,567 25,857
6,601 54,511 8,040 69,153
(SOURCES OF CASH + BEG. CASH 13,839 84,427
12,976 111,243
Uses Of Cash
Debt Principal
Transfer Repayment (1,633) (2,281) (2,015) (5,929
(778)
Capital Expenditures �7 1,214 (436) 0
030)]TOTAL USES OF CASH `
4M930) aL48) L41,008);
(46937
(9,441) (31,997)
(5,499) , '+
Operating Cash
F
004
Cash Reserves 2, 17,542 1,903 21,449
Special Project Cash
2,000
9,000 1,000 12,000
394 2
IENDING CASH 6.30-2003 5,888 4,574
30,857
Note: cludescj6-trai,&iilii Complex .........._._42.398 52,430ded
Yrevenueanddebt service. 7,477 64,306
income from UC i in other inc'6_me'_-
A million of extraordinary income due to the enation of Fas 71 deferrals in FY 2003.
Net income does not include an estimated $5 ----- 1 n A
EXHIBIT A-L
SUMMARY IS &BONDED CAPITAL PROJECTS
ANNUAL CAPITAL ADDITIONS, PLANNED CAPITAL PRO2003 B
FISCAL YEAR 2002-2003 BUDGET
BOARD OF WATER AND LIGHT
Fiscal Year 2002-2003 Funding
---------
Total ------------ -
Cash Bond CIA Total
Expenditures ExpenI Yeas Project Fund
Total Fiscal Year Flow Fund
As Of Balances -
project 2002-03 ----------------------------------- - --
06/30/02 ___-__--- 8
Estimates -
- --------------
-------------- - 14,27
D011ars in (000's) ----------------- 0 1;86 8785
0 12,40 0 711 9.205
ELECTRIC UTILITY 0 14,276 12,235 074 9,205
----------- 14,276 B,785 0
Capital Additions 41,760 20,740 g 205 14,105 2 32,266
Net Annual Cap Capital Projects 1.92D 20,482
9,205
Net Planned Cap 25,230 26.340
Capital Projects 32,266
Net Bonded Cap B 2 22,660
1 19,11 B 22,991
L ELECTRIC UTILITY
(� 0 3,873 � 800 ?.961
WATER UTILITY 0 22,991 1,783 961
22991 2, �-0
, 5B3 1,523 0
-------------------------- 892 0 26,535
Net Annual Capital Additions 4,998 0 961 96119,918
Net Planned Capital Projects 961 1 523 5.656
Net Bonded Capital Projects 892 26,535
28,950 593
0
TOTAL WATER UTILITY 30
563 0 2,017
593 0 2,017 0 0 250
STEAM UTILITY 0 1 915 0 250
____ -- --- 593 2,017 0
Capital Additions 4 337 405 250 30 2,860
Net Annual Cap 0 250 52 B0
Net Planned Capital
projects
Projects 250 11 99
Net Bonded Cap 405 2,860
5,180
TOTAL STEAM UTILITY 0 964
964 0 237 1,147
964 0 910 0 0 0
COMMON FACILITIES 0 2,259 0 0
----------- --------- g64 2 p08 1,147 0 �
ti, ,annual Capital Additions 5,414 0 237 2.111
0 0 0
Net Planned Capital Projects 2 259 1,B74
Net Bonded Capital Projects 2,111
3 2,008
TOTAL COMMON FACILITIES 21,016 38,B24
17,80E 0 14,532
0 0 � 1,748
BOARD OF WATER &LIGHT 0 3B,B24 17,932 12,7B4 0 10,416
10,416
------------ ------------------- ------------ 3B,824 24,045 14,532 14,105 0 _--
Total Annual Capital Additions 56.509 10,416 63,772
Total Planned'Capital Projects 26.441 11920 -- 10,416 22,764
Projects �- 3 3 30,592
Total Bonded Capital Proj 25,965 63,772
'OTAL BOARD OF WATER&LIGHT 121,774
Page 1 of 19
enditures = $63,772 less $22,764(CIA) _$41,008 less $10,416 (Bond Funds) _$
30,592 Final
OTE: Budgeted Capital Exp
�:a
EXHIBIT B
Economic Parameters For Fiscal Year 2003 Studies (Issued 5/9/02)
Fiscal Year
Inflation Factor(0&M)•3% 2003 2004 2005 2006
2007 2008 2009 2010 2011 2012
Inflation Factor F 1.030 1.061 1.093 1.126(Fuel,Chemical) -2% 1,159 1.194 1.230 1.267 1.305 1,344
Capital Escalation ° 1.020 1.040 1.061 1.062 Factor•4/° 1,104 1,126 1.149 1.172 1.195 1,219
1.040 1.082 1,125 1.170
1.217 1,265 1.316 1.369 1.423
Minimum Rate of 1.480
Return-Mandatory projects
5.5%
Minimum Rate of
Return•Necessary projects °
Minimum Rate of
Return-Discretionary Projects 12.0%
Present Worth Factor•MRR 5.5%
° A516 0
D.9479 0,8985
Present Worth Fa O. .8072 Factor-MRR 8.5/° 0.7651 0.7252 0,6874 0.6516 0.6176 0,5854
Present Worth F 0.9217 0.8495 0,7829 0.7216
Factor 12.0°/, 0.6650 0.6129 0.5649 0.5207 0,4799 0.4423
Fixed Charge Rate•Bonded Protects 06355
0.8929 0.7972 0,7118 .
0.5674 0,5066 0,4523 0.4039 0.3606 0.3220
Project Payback period(years)
-Mandatory project 5 10 15 20 25 30
,Necessary23.89% 13.53% 10.16%Project 8.54% 7.60% 7,02`/°
-Discretionary25.88% 15.55% 12,28% 10.78%Praject ° 9.97% 9.49%
28.30/° 18.05% 14.98%
13.66% 13.01% 12.66%
Fixed Charge Rate•Projects Not Bonded
Project Payback Period(years)
-Mandatory Project 5 10 15 20
79%
23,42% 15. 25 30
,Necessary Project 13.27% 9,96% 8.37°/,
-Discretionary Project 15.24% 12.04%
° 10 57% 9.77%
System Avoided Cost
27.74/° 20.13% 17,70°/ 14.66%
13.39% 12.75°!
Electric(S/MWhs)
Stem(S/Mlb) 17.43 17.49 17.59 17.71
17.86 18,32 18.79 19,26 19,77 20.28
Water(see note 11 2.87 2.88 2.89 2.91
2.94 3.01 3.09 3.17 3,25 3.34
System Marginal Cost
Electric(S/MWhs)
Steam($11vilIb) 16.76 16.83 16,92 17.04 17.18 17.63 18,08 18.54 19.02 19.51
Water($ICCF 2.83 2.84 2.85 2.B7(see note 2] D 4759 2•90 2.97 3.05
0.4878 0.5000 0.5126 3.13 3.21 3.29
0.5254 0.5386 0.5522 0.5661 0,5803 0.5950
Operating Expense Ratio(Excludes PILT and Depreciation)
Electric(S OEM Expense/S Revenue)
Steam $Og 0.62 0.62 0.62 0.62
( M Expense/$Revenue) 0•62 0,83 0.83 0.83 0.83 0.83
Water $08 0.69 0.69 0.69 0.69
( M Expense/$Revenue) 0.34 0.73 0.73 0.73 0.73 0.73
0,34 D,34 0.34 0.34
0,34 0.73 0.73 0,73 0.73 0,73 Average System Loss Factors
-Electric(I-Retail Sales/Net Gen Req)
•Steam(I-Retail Sales/Net Gen Req) 3.4% ° 3.4%
5.5% 3�4/° 3.4% 3.4% 3.4% 3.4% 3�4% 3.4% 3,4%
Water(I-Sales/Net Pumpage to System) 10.0% 5.5% 5.5% 5.5% 5.5% ° °
5,5% 5.5/° 5.5/° 5.5% 5.5%
10.0% 10.0% 10.0% 10.0% ° °
10.0% i0.0% 10.0% 10.0% 10.0%
MPPA Capacity Revenue Offset(S/MW/month) 31000
3,090 3,183 3,278 3,377
Payment in Lieu of Taxes(PILT)
4.0%
Notes:
1 For Water Avoided Costs contact Bulk Power and Resource Planning a1702-6504.
2 Water Marginal Costs are being reviewed,
3 For Net&Gross Replacement Power Costs,and unit annual capaci y factors contact Sulk Power and Resource Planning at 702-6504,
4 Payment in Lieu of Taxes(PILT)will be based on retail and wholesale sales.
E�. SIT
ice program
9
Water Customer Cho
NiH E�3:;C,'i,. Lansing Board of Rule and Regulation
IqWater and Light DRAFT #2
Water Customer Choice Program
and On-Site
1. General
t and enllit Customer installation of Customer Water Services
'file Board will accep p Q conditions are islet.
Water Main,provided the followil� ri.or to constrUction.
(1) The Board has app
roved the Customer's contractor p riot to
(2) The Customer
has signed a Water Customer Choice a�eenlent with the Boar p
constriction. roved drawilgs, material lists and a
(3) The Customer has provided, and the Board has app
flushing and dlsrufection plan•
applicable fees and charges.
(}) Th Customer has p aid any and all app I
(5) The installation of Cus tourer Water Service(s)
and/or 01 _Site Water Mauls has been nispecte
and approved by the Board or. its au thorized went.
stonier Water Services) and/or On-Site Water Mall15 to the Board;
(6) Customner has dedicated Cu
the Board's System
re ardilg the Water Customer Choice Program should be directed to
Inquiries g projects Department.
Integrity & Customer Proj
ualification and Approval �izs and Customer
2. Contractor Q charge for the
rvices Management Resource Center. ap'essed as stated
Water
Co retractors desiruzg to become qualified 11 Sepproved to install On-Site be
Water Services should contact the Maten uahfication Penlut steal
initial Permit Application and an Amival Contractor's Q
in Rule
3. Residential Services au ansn_ e charge for
Q residential water services shall be required toPay
Customers ills 1: « denti i charge for Board fLIrnished inter-sets as stated ill Rulc 1 ..
each inspection and a aV1
to install on
Water Mails or Customer
-water Mains and Large Services
4. Deposit for On-Site
Lr any Custo111er desirii�
A deposit shall be requred fo
Water Services 2
" and larger. Tale alnomlt of such deposit shall be as stated in Bo�Ta cost with a final
on -project completion, the deposit shall be adjusted to reflect the actual
Up p ]
billing or refund made to the Customer.
5. Permits
The Boato obtain all other pe D�Q
Permit For Water System Constriction. The Customer shall e
rd will Obtain the
required
1
Page 19 of 33
54
Preliminary Minutes—Subject to Board Approval
MINUTES OF THE BOARD OF COMMISSIONERS' SPECIAL MEETING�,1
LANSING BOARD OF WATER AND LIGHT
Tuesday, May 28, 2002
The Board of Commissioners met in special session at 5:30 p.m. in the Boardroom of the
Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Chairman Ron Callen called the
meeting to order.
Present: Commissioners Ron C. Callen, Ernest J. Christian, Charles M. Creamer, Tim
Haggart, Diane R. Royal, - 5.
Absent: Nancy W. Duncan, Connie Marin, and Nancy A. Wonch(on speakerphone for a portion
of the nzeeting)-3
The Secretary declared a quorum present.
All said the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion made by Commissioner Royal, seconded by Commissioner Haggart, to approve the
minutes of regular session held April 23, 2002.
Carried unanimously.
Motion made by Commissioner Royal, seconded by Commissioner Haggart, to approve the
minutes of special session held May 14, 2002.
Carried unanimously.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT
NOW, OR AT THE END OF THE MEETING.
Lansing City Councilmember Carol Wood thanked the Commissioners for the amount of time
and effort the Board has devoted to the question of"Customer Choice" in the City of Lansing.
She stated that in trying to unravel the complex problems concerning "Customer Choice," the
Combined Sewer Overflow (CSO) project has merged into those problems. The overall question
that remains is having a reliable system for water services. The Commissioners, management
and the union were invited to attend a joint meeting of the Council's Public Safety and Public
Board Minutes Page 55
May 28,2002
Service Committees on June 18, 2002 at 11:00 a.m. for input in addressing the integrity of the
fire hydrant systems. She urged the Board to support the proposal of the Committee of the
Whole to establish two pilot projects utilizing "Customer Choice" in the City of Lansing and
gathering data on the program to ensure safety and construction quality in the water system.
Robin Smith, Building Committee Chairperson of Pentecostal Outreach Church, Lansing,
thanked the Board for allowing the Pentecostal Outreach Church project to proceed as a pilot
project utilizing"Customer Choice"within the City of Lansing.
Rodney Hayes, Trustee of Pentecostal Outreach Church, expressed his appreciation to the Board
for considering the pilot "Customer Choice"project for the church.
COMMUNICATIONS
None.
FINANCE COMMITTEE REPORT
The Finance Committee met on May 14, 2002 at 5:30 p.m. to discuss the following items:
1. Fiscal Year 2003 O&M Budget and Capital Budget
2. Economic Parameters for Fiscal Year 2003 Studies and Evaluations
3. Utility Rules and Regulations
4. Resale of Long Distance Services
5. Business Ethics Policy
Committee members present were Commissioners Duncan (Chair), Callen (alternate), Royal
(alternate), and Wonch. Absent were Commissioners Christian and Creamer.
I. Fiscal Year 2003 Annual Budget
General Manager Pandy presented an overview of the proposed Fiscal Year 2003 Operations and
Maintenance Budget. The proposed budget was based on the following assumptions:
Individual utility budgets will meet anticipated system needs consistent with BWL base load
forecasts.
• Budget is lean to allow BWL to operate and maintain its system within its revenue streams,
without additional borrowing, other than the $25 million bond issue required for NOx
compliance with new Federal regulations.
• Utility budgets will meet the strategic priorities outlined in the strategic plans.
• Budget is fundamentally status quo, with one major inherent policy implication, which is the
continuance of fully paid medical insurance for employees and retirees.
Page 56 Board Minutes
May 28,2002
• Budget assumes no change to the pension plan. The Board's Human Resources Committee
is discussing pension Plan Parameters.
Budget will not result in any diminution of services to customers.
• Cost containment items include:
o Fuel cost reduction associated with less General Motors steam load than budget for
FY'02.
o Reduction of Commercial Customer Satisfaction Survey from annual to every other year.
o Reduction from two to one annual Residential Customer Satisfaction Survey.
o Belle River Power Supply debt service credit continues at 5% from Michigan Public
Power Agency's trust funds.
o Reduction of budgeted staff positions from 755 to 750 positions.
o Consolidation of management, with the retirement of the Director of Delivery; Assistant
General Manager Bill Cook will also function as Director of Delivery.
o No cross utility transfers; the repayment of past transfers has been budgeted, based on a
15-year payback schedule, without interest.
o Property insurance increase (+1,292K).
[Commissioners Royal and Wonch left the meeting at 6:45 p.m.]
The total capital budget for Fiscal Year 2003 includes projects for:
Electric $32.3 million
Water $26.5 million
Steam $ 2.9 million
Common $ 2.1 million
TOTAL $63.8 million
Funding for the projects is derived from the following sources:
Depreciation and Net Income Cash Flow $30.6 million
Contribution-in-Aid from developers $22.8 million
Bond Funds $10.4 million
TOTAL $63.8 million
Consistent with the Board's direction relative to growth for the water utility, distribution projects
totaling $22.5 million are funded by developers contribution-in-aid in the amount of $19.1
million (85%).
Board Minutes Page 57
May 28,2002
Consistent with the Electric Strategic Plan, electric capital is kept below $24 million, except for
NOx compliance projects, to be funded by a bond issue of$25 million.
II. Economic Parameters for Fiscal year 2003 Studies and Evaluations
Proposed economic parameters to be utilized in performing economic analyses of alternatives for
projects in Fiscal Year 2003 were reviewed. In Fiscal Year 2000, staff identified the need for a
standardized consistent set of economic parameters for use in project evaluations. R. W. Beck
subsequently reviewed the BWL proposed methodology and parameters and agreed that
parameters need to be reviewed and updated annually.
III. Board of Water and Light Rules and Regulations
The Rules and Regulations for Electric, Water and Steam were referred to the Committee of the
Whole for consideration at such time when the issue of allowing Water Customer Choice in the
City of Lansing is discussed.
IV. Resale of Long Distance Services
Management's proposed concept of the BWL working with a long distance telephone service
provider to supply customers with long distance phone service was deferred for a future meeting.
The Committee expressed concern that this service would be a significant change in the BWL's
mission that merits slow, deliberative action. The General Manager agreed to bring forth a
business case as to why the BWL should proceed with this service for consideration.
V. BWL Business Ethics Policy
Director of Metrics and Audits Kellie Willson has requested an advisory opinion from the City
of Lansing Ethics Board with respect to gifts from vendors and solicitation of items or funds
from vendors for charity. The Committee deferred further discussion on this matter until such
time that an advisory opinion is rendered from the Ethics Board, which is anticipated by the end
of June, 2002.
RESOLUTIONS
The Finance Committee recommends the following resolutions:
FISCAL YEAR 2003 O&M BUDGET
(Resolution #2002-5-2)
RESOLVED, That the annual Operating and Maintenance Budget covering Fiscal Year 2003 is
hereby approved as presented. (Appended to the minutes—Exhibit A-1.)
Page 58 Board Minutes
May 28,2002
FISCAL YEAR 2003 CAPITAL BUDGET
(Resolution #2002-5-3)
RESOLVED, That the annual Capital Budget covering Fiscal Year 2003 is hereby approved as
presented. (Appended to the minutes—Exhibit A-2.)
RESOLVED FURTHER, That the capital projects are authorized in the amount of the Project
Estimate. Capital Expenditures for Fiscal Year 2003 are limited to the amount included in the
budget.
ECONOMIC PARAMETERS FOR FISCAL 2003 STUDIES
(Resolution #2002-5-4)
RESOLVED, That the Economic Parameters for Fiscal Year 2003 Studies are approved as
presented. (Appended to the minutes—Exhibit B.)
There being no further business, the meeting adjourned at 6:35 p.m.
Respectfully submitted,
Nancy W. Duncan, Chair
Finance Committee
Moved by Commissioner Callen, seconded by Commissioner Royal, that the Report of the
Finance Committee be accepted as presented.
Action: Carried unanimously.
Moved by Commissioner Callen, seconded by Commissioner Creamer, on the approval of the
resolution to adopt the Fiscal Year 2003 O&M Budget.
Action: Carried unanimously.
Moved by Commissioner Callen, seconded by Commissioner Creamer, on the approval of the
resolution to adopt the Fiscal year 2003 Capital Budget.
Action: Carried unanimously.
Moved by Commissioner Callen, seconded by Commissioner Royal, on the approval of the
resolution to adopt the Economic Parameters for Fiscal 2003 Studies.
Action: Carried unanimously
HUMAN RESOURCES COMMITTEE REPORT
The Human Resources Committee met on May 21, 2002 at 4:30 p.m. to discuss the following
matters:
1. Non-Bargaining Skill Family Range Adjustments for Fiscal Year 2003.
Board Minutes Page 59
May 28,2002
2. Non-Bargaining Performance Increase Matrix for Fiscal Year 2003
3. Share the Success Program for Fiscal Year 2003
4. Pension Negotiation Parameters
Present were committee members Royal (Chair), Callen, Haggart and Marin.
1. Non-Bargaining Skill Family Range Adjustments for Fiscal Year 2003.
Paul Reagan of Dorey, Reagan &Associates provided an overview of the 2002 market analysis
conducted to examine competitive market (501h percentile) rates of pay for benchmark jobs. The
proper determination of competitive compensation levels for benchmark jobs requires the
compilation of multiple salary data sources. These include published compensation survey data
sources that report local, regional and national data. A key feature of this process is the use of
survey data that are comparable in terms of the specified job, gross operating revenues of the
organization,region, and number of employees. Mr. Reagan responded to questions relative to
the matching process and characteristics utilized to ensure that the salary data selected are from
organizations similar to the BWL.
2. Non-Bargaining Performance Increase Matrix for Fiscal Year 2003.
Human Resources Director Linda Gardner presented an overview on how the appropriate base
performance increase matrix for Non-Bargaining employees was determined for fiscal year 2003.
In 1998,the BWL revised its Wage and Salary Plan for Non-Bargaining employees from general
"across-the-board" salary increases to increases linked to job performance. Consultant Dory,
Reagan &Associates assisted in developing the performance increase matrix. Management
considerations include (1) containing salary costs within a budget based on the organization's
ability to pay; (2) making salary increases based on meaningful levels of employee performance;
(3) relating these to general economic and labor market conditions; and (4)preparing a salary
matrix that provides management some discretion to award increases based on performance
appraisals within the range of performance increases and within imposed budgetary constraints.
3. Share the Success Program for fiscal year 2003
General Manager Pandy explained that the executive staff had discussed some alternatives for a
new Share the Success Program. As outlined in the February 2002 Memorandum of
Understanding with IBEW Local 352, the new program will consist only of corporate measures
with bonuses ranging from 0 to 5%. The 5%maximum bonus will not be changed for the
duration of the current contract. The new program should have fewer measures and be simpler
and easier to administer.
Director of Metrics and Audits Kellie Wilson explained that the materials provided to the Human
Resources Committee members outlined a few possible approaches for defining the details of a
new plan. They compare the likely impact on the BWL and on employees of the new plan
versus the old corporate Share the Success program. Ms. Wilson emphasized that under the
terms of the Memorandum of Understanding, the new plan is highly dependent upon financial
performance. Bonuses would be at most $300 per employee if the non-financial measures are
fully met,but the financial goal is not achieved.
Page 60 Board Minutes
May 28,2002
The same materials were recently provided to the union leadership and will serve as a starting
point for jointly developing the details of the new plan. Both Union and Management are
anxious to complete this work by the end of June. The Committee encouraged Ms. Wilson and
Human Resources Director Linda Gardner to proceed to work with the union leadership on the
new Share the Success plan. The new plan is subject to the approval of the General Manager and
the Commissioners.
4. Pension Negotiation Parameters
Moved by Commissioner Callen, seconded by Commissioner Marin, to go into closed session for
the purpose of discussing pension negotiation parameters (5:08 p.m.). The Committee
reconvened in open session at 5:30 p.m.
After review and discussion of upcoming pension negotiations and related issues,management
was directed to work to control pension costs.
RESOLUTIONS
The Human Resources Committee recommends the following resolutions:
(Resolution#2002-5-5)
RESOLVED, that the Non-Bargaining Skill Family Range Adjustment for fiscal year 2003 is
hereby approved.
NON-BARGAINING SKILL FAMILY RANGE ADJUSTMENTS FOR FISCAL YEAR 2003.
Skill family Range Adjustment)
Customer Service & Office 2.0%
Directors 2.0%
Engineering & Scientific 5.0%
Finance &Purchasing 3.0%
Human Resources &Legal 3.0%
Information Technology 4.0%
Marketing & Communications 2.0%
Technical 4.0%
'Salary ranges are adjusted at midpoint to reflect the surveyed market movement for each skill
family.
(Resolution #2002-5-6)
RESOLVED, That the Non-Bargaining Performance Increase Matrix for Fiscal Year 2003 is
hereby approved.
Board Minutes Page 61
May 28,2002
PERFORMANCE INCREASE MATRIX FOR FISCAL YEAR 2003
FY 2003 Appraised Performance Increase
Level of Performance Percentage Rangel
451 or higher Outstanding 6.00% to 7.50%
376 to 450 Exceeds 4.00% to 5.50%
276 to 375 Meets 3.00% to 3.50%
226 to 275 Needs Improvement 1.00% to 1.50%
225 or less Fails 0.00% to 0.00%
'Salary increase percentage range within specified limits. Managers may recommend salary
increase percentages in '/z percent increments.
Other considerations: In order to be eligible to receive a"Power Performer" award, the
employee's performance level must be at the top end of the salary increase range (7.5%).
There being no further business, the meeting adjourned at 5:30 p.m.
Respectfully submitted,
/s/Diane R. Royal, Chair
Human Resources Committee
Moved by Commissioner Royal, seconded by Commissioner Christian, that the Report of the
Human Resources Committee be approved as presented
Action: Carried unanimously.
Moved by Commissioner Royal, Seconded by Commissioner Haggart, on the approval of the
resolution to adopt the Non-Bargaining Skill Family Range Adjustment for Fiscal Year 2003
(Resolution 2001-5-5).
Action: Carried unanimously.
Moved by Commissioner Royal, seconded by Commissioner Christian, on the approval of the
resolution to adopt the Performance Increase Matrix for Fiscal Year 2003 (Resolution #2002-
5-6).
COMMITTEE OF THE WHOLE REPORT
The Committee of the Whole met on May 21, 2002 to discuss and consider water construction
alternatives (Customer Choice) and the Rules and Regulations for electric, water and steam.
Chair Pro Tem Charlie Creamer called the meeting to order at 5:35 p.m. Present were
Commissioners Callen, Haggart, Marin,Royal, Wonch and Creamer. Absent were
Commissioners Christian and Duncan.
Page 62 Board Minutes
May 28,2002
1. Water Construction Alternatives (Customer Choice in the City of Lansing)
The following persons spoke in opposition to offering Water Customer Choice in the City of
Lansing:
• Michael Stanley, BWL employee of MCRC, spoke on safety and quality issues.
• Stephen Jahner, Owner of Capitol City Comics and Books, spoke on damages caused
from the CSO project.
• Jeff Lachance, BWL employee of Customer Service, read a letter from BWL customer
Stan Pollitt, dated May 20, 2002 regarding problems with a contractor.
• Joseph Davis, President of IBEW Local 352 and BWL employee of MCRC, spoke on
various issues that still need to be addressed by management.
• Jim Dravenstatt, BWL employee of Customer Service, spoke on quality issues.
• Curt Gates, Business Manager of IBEW Local 352 and BWL employee of MCRC, stated
that many problems remain to be worked out with contractors performing water
installations for BWL. He presented the Board with a proposal from IBEW Local 352.
The following persons spoke in favor of offering Water Customer Choice in the City of Lansing:
• Representatives from Pentecostal Outreach Church urged the Board to support customer
choice to create competitive pricing:
➢ Robin Smith, Building Committee Chairperson, reported on the Larry Mitchell
Trice Sr. Outreach Center project.
➢ Chad Husted, of Hirsch Construction and Construction Manager of the
Pentecostal Outreach project.
➢ Cindy Theresa Humes, Youth Pastor of Pentecostal Outreach Church.
➢ Tracy Tipton of Pentecostal Outreach Church/Larry Mitchell Trice Sr. Outreach
Center.
• David Nicklesen of United Van Lines supports competitive pricing.
• Lansing Councilmember Carol Wood urged the Board to consider the issues raised by the
workers who are out on the line to assure they have been thoroughly evaluated.
General Manager Pandy gave an overview of the background of the Customer Choice program
and commented on the program benefits. The program allows a developer or property owner, on
their own property to install water infrastructure, based on design and standards approved by the
BWL, subject to BWL inspection. Customers can control their own schedule and negotiate their
Board Minutes Page 63
May 28,2002
own construction costs. This allows flexibility and puts the customer in control of the
competitive position.
The following members of the BWL Customer Choice Team commented on issues raised
concerning water system security, quality of work, inspections, costs,workforce management,
customer issues and process improvement issues:
• Doug Wood, Manager of System Integrity and Customer Projects, spoke on the benefits
of the program and responded to questions raised concerning inspections and training
provided for inspectors.
• Kellee Christensen, Principal Engineer from System Integrity and Customer Projects,
reported on the formation of the Customer Choice Team and subcommittees with
representation from bargaining and non-bargaining employees and the collaborative
efforts of team members in designing the program. She spoke on the contractor
qualification process.
• Jim Valentine, Supervisor of the Water Resource Center, spoke on the issue of contractor
work, the quality of their work, and the inspection process. He noted that at no time have
any inspector deficiencies been brought to his attention.
• Virginia Cluley, Manager of Customer Service, reported on communication and
coordination concerns and process improvement measures taken to address the issues.
Every effort is being made to successfully implement the Customer Choice program and
provide quality service to the customer.
• Nick Burwell, Manager of Environmental Services, reported that the security and
reliability of the BWL's system is not affected by Customer Choice. If substandard
installation were performed, it would only affect that particular service because the water
main is under heavy pressure and pushes water out. Water security is a significant focus
for the BWL. The BWL is working actively with other municipalities and consultants to
keep abreast of security issues.
• Mary Dwyer, Manager of Employee and Labor Relations, stated that management met
with the Business Manager and President of IBEW Local 352 to discuss concessions to
the Customer Choice Program. At this particular time, the settlement discussions have
not come to fruition. Management intends to continue its discussions with the union in
the usual union/management forum.
General Manager Pandy reviewed a draft of a Memorandum of Understanding concerning the
Water Customer Choice in the City of Lansing between Human Resources and IBEW.
Motion by Commissioner Wonch, seconded by Commissioner Royal, to go into closed session
for the purpose of discussing a legal issue related to the Customer Choice Program (6:55 p.m.).
Board Minutes
Page 64 May 28,2002
Approved by roll call vote:
Aye: Commissioners Callen, Creamer,Haggart, Marin, Royal and Wonch
Nay: None
Absent: Commissioners Christian and Duncan.
The Committee of the Whole rose from closed session at 7:09 p.m.
2. Revised Rules and Regulations and Updated Utility Fees and Charges
The General Manager presented an overview of the recommended changes to the Rules and
Regulations for Electric, Steam and Water. The fees and charges have been adjusted based on
the most recent cost experience. A revised schedule of fees and charges for each of the utilities
are included in the Rules and Regulations.
Complete copies of the Rules and Regulations, as amended, are filed with the Corporate
Secretary.
RESOLUTIONS
The Committee of the Whole recommends the following resolutions:
TWO PILOT PROJECTS ESTABLISHED UTILIZING
CUSTOMER CHOICE WITHIN THE CITY OF LANSING
(Resolution #2002-5-7)
RESOLVED, That the Board of Water and Light undertake two pilot projects within the City of
Lansing for a six-month period utilizing Water Customer Choice; they being the Pentecostal
Outreach Church and the United Van Lines projects.
RESOLVED FURTHER, That staff is hereby directed to gather data with regard to those two
projects and establish the database suggested by the IBEW Local 352 Customer Choice Proposal
with regard to other"Choice"projects in outlying areas over the course of the next six months
for the purpose of benchmarking all associated Customer Choice problems to ensure safety and
construction quality in the water system.
RESOLVED FURTHER, That the Board of Water and Light not implement Customer Choice in
the City of Lansing, with the exception of the two pilot projects, to provide the Commissioners
sufficient time to evaluate, clarify and conclude that the program is working to the Board's
satisfaction according to the database and two pilot projects. At the end of the six-month period,
the Board will revisit the issue of Customer Choice and decide to either keep it and extend it into
the City of Lansing, or do away with it altogether.
Board Minutes Page 65
May 28,2002
RULES AND REGULATIONS FOR ELECTRIC, STEAM AND WATER SERVICES
(Resolution #2002-5-8)
RESOLVED, That the Board of Water and Light Rules and Regulations for Electric and Steam
Services, as amended, are hereby approved, subject to final legal review, with an effective date
of July 1, 2002.
RESOLVED FURTHER, That the Board of Water and Light Rules and Regulations for Water
Service, as amended, are hereby approved with the stipulation that Rule 9 (Water Customer
Choice Program) is to be rewritten to reflect the Board's Resolution of May 28, 2002 (approval
pending) relative to a Water Customer Choice Program in the City of Lansing. Amended
language for Rule 9 is appended to these minutes.
There being no further business, the meeting adjourned at 7:25 p.m.
Respectfully submitted,
Charles M. Creamer, Chair Pro Tem
Committee of the Whole
[Commissioner Wonch joined the meeting by speakerphone at 5:50 p.rn.]
Moved by Commissioner Creamer, seconded by Commissioner Haggart, that the Report of the
Committee of the Whole be accepted as presented.
Action: Carried unanimously.
Moved by Commissioner Creamer, seconded by Commissioner Haggart, on the approval of the
resolution to Establish Two Pilot Projects Utilizing Customer Choice Within the City of
Lansing (Resolution #2002-5-7).
Discussion and Creation of a Special Committee: Chairman Callen announced the creation of
a Special Committee on Current Water Issues to look at water main construction concerns
associated with the City's combined sewer overflow (CSO)project and alleged problems with
water line plugging, water system construction and inspection, meter installations, and fire
hydrant issues. Commissioner Marin will chair the special committee, which will also include
Commissioners Callen and Haggart and representatives from both management and the union.
Commissioner Royal expressed her support on the formation of the special committee to study
the water-related issues raised over the last several meetings.
Action: Approved by roll call vote:
Aye: Commissioners Callen, Christian, Creamer, Haggart, Royal, and Wonch (by speakerphone).
Nay: None
Absent: Commissioners Duncan and Marin.
Board Minutes
Page 66 May 28,2002
GENERAL MANAGER'S RECOMMENDATIONS
Background materials on items presented are on file in the Of of the Corporate Secretary.
Resolution #2002-5-9
FIRST AMENDMENT TO DC AND DB PLANS
RESOLVED, That the First Amendment to the Lansing Board of Water and Light Defined
Benefit Plan (DB) for Employee's Pensions is hereby adopted effective as stated therein; and
FURTHER RESOLVED, That the First P sion Planendment t s hereby adopted the
oard effe five aof s statear and
Employees' Defined Contribution(DC)
therein; and
FURTHER RESOLVED, That the Chairman of the Board of Commissioners and the Corporate
Secretary are hereby authorized to execute said First Amendments and related documents on
behalf of the BWL.
Staff Remarks: The amendment language for each plan is attached. The receipt of favorable IRS
plans was reported to the Commissioners at their April
determination letters for the DB and DC
23, 2002 Board meeting. There was a caveat in both letters regarding transportation fringe
benefits (company paid parking,bus passes, etc). The IRS wants the language added to each
plan even though the BWL has no such benefit.
Moved by Commissioner Royal, seconded by Commissioner Haggart, that the resolution be
approved.
Action: Carried unanimously.
UNFINISHED BUSINESS
None.
NEW BUSINESS
None
RESOLUTIONS
None
Board Minutes Page 67
May 28,2002
GENERAL MANAGER'S REMARKS
Ottawa Station Development. General Manager Pandy reported on the progress of the Ottawa
Station project. A package submitted by Mansur Real Estate Services includes a summary of the
due diligence, including a feasibility study, a preliminary cost estimate, proposed site plan and
conceptual architectural drawings. These materials have been forwarded to the Mayor's Office
for review. The report includes a section that provides a list of required conditions for the
project. Mr. Pandy proposed a meeting to discuss the various issues that are the responsibility of
the respective organizations; namely, BWL, City of Lansing, Mansur Real Estate Services and
the State of Michigan. This item was referred to the Committee of the Whole for review and
discussion of responsibilities and the projected timetable.
Employee Satisfaction Survey. General Manager Pandy reported that the confidential
Employee Satisfaction Survey has been distributed to all employees, who will return the form
directly to Market Strategies, Inc. (MSI) for compilation. MSI will present the results by June 30
in mass data, not individual data.
Linda Gardner Accepts Position at Ingham Regional Medical Center. General Manager
Pandy announced that Human Resources Director Linda Gardner has accepted the position of
Chief Human Resources Officer at Ingham Regional Medical Center. Her last day of work will
be June 14, 2002. A copy of her letter was distributed to the Commissioners. The
Commissioners accepted Ms. Gardner's resignation with regret.
BWL Donates Safety Vests. A letter of thanks was received from Grove Christian School for
BWL donated traffic safety vests that were considered obsolete by MIOSHA for BWL use. The
vests were just right for the children who were involved in a "clean-the-highway" type of
campaign.
Fuel Cell Technology Explored. General Manager Pandy will be meeting with Frank Colvin,
Vice President of Fuel Cell Development for General Motors (GM) on May 29`h to discuss
possibilities for working with the BWL on fuel cell development. This is an excellent prospect
for environmentally, acceptable distributed source of power generation. General Motors believes
this venture is commercially viable within a three to seven-year time frame. The GM team is
seeking a fuel cell application for a premier commercial UPS system and will work with BWL to
obtain state money to fund such a project. An interesting aspect GM is considering is a
prototype community where the vehicle would be fuel-cell powered would park and plug into the
home, which would also power the home.
COMMISSIONERS' REMARKS
Commissioner Creamer echoed the comments made earlier in the meeting by Chairman Callen
with regard to congratulating Human Resources Director Linda Gardner on her new position.
Carried unanimously.
Board Minutes
Page 68 May 28,2002
EXCUSED ABSENCE
By Commissioner Christian, seconded by Commissioner Royal, that the absences of
Commissioners Duncan and Wonch be excused.
Carried unanimously.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF
THE PUBLIC ND LIGHT ARE WELCOME TO
SPEAK TO THE BOARD ON ANY BOARD OF WATER
No persons spoke.
ADJOURNMENT
There being no objection, the meeting adjourned by unanimous consent at 6:15 p.m.
Is/Mary E. Sova, Secretary
Filed with Lansing City Clerk
May 31, 2002
EXHIBIT A-1
BOARD OF WATER AND LIGHT-LANSING MICHIGAN
BUDGET FISCAL YEAR ENDING JUNE 30, 2003
$(000) WATER ELECTRIC STEAM
TOTAL
PROJECTED INCOME STATEMENT .............. .......... ...............
FY 2003
:SALES
11,429,000 ccf 3,113,000 mwh 2,391,000 mlb
20,770,400 t-hrs
'OPERATING REVENUE 22,937 172,997 25,559 221,493
i
Operation/Maint Expense (16,028) (140,335) (15,225) (171,588):
Depreciation Expense 43,781) �1 8,509� (3,567) (25,857�:'
!TOTAL OPERATING EXPENSE (19,809)
(158,844) (18,792) (197,445):
:;OPERATING INCOME 3,128 14,153 6,767 24,048
Payment to City
(827) (6,806) (1,022) (8,654);
Other Income
2,040 4,989 410 7,438
Other Expense (1.520)
,(I 14 (1,682)
NET INCOME
2,820 11,022 4,473 18,316
Return on Assets (2/28/02) 2.1% 5.1%
;Operating Ratio 6.0% 4.3%'
......... 88.7% 93.8% 82.8% 92,0%:
�PROJECTED CASH FLOW F.Y 2003
Operating Cash 2,908
21,570 2,470 26,948
Cash Reserves
4,196 6,834 1,159 12,189
Special Project Cash 194 1.512 1,307 2,953
:BEGINNING CASH 7.1-2002 7,238 29,916 4,936 42,090
'Sources of Cash
Net Income
2,820
Bond Proceeds 11,022 4,473 18,316
0 24,980 0 24,980
Depreciation
3,781
3.56
:TOTAL SOURCES OF CASH 6,601 18,509 7 25,857
54,511
8,040 69,153
ISOURCES OF CASH + BEG. CASH 13,839
1 84,427 12,976 111243,
Uses of Cash
Debt Principal
(1,633) (2,281) (2,015) (5,929)!
i Transfer Repayment (778) 1,214 (436) 0 !
i Capital Expenditures (7.030) 430,930 (3,048) (41.00
(9,
;TOTAL USES OF CASH 441)
(31,997) (5,499) (46,937)'.
Operating Cash
2,004 17,542 1,903 21,449
Cash Reserves
2,000 9,000 1,000 12,000
Special Project Cash
394 25,888 4.574 30,857
iENDING CASH 6-30-2003 4,398 52,430 7,477 64,306
Nate:Excludes Central Utility Complex revenue and c ebt service. E3vvincluded
-e- in other
income from CDC includ d the income.
Net income does not include an estimated $5.1 million of extraordinary income due to the elimination of Fas 71 deferrals in FY 2003.
I n A
EXHIBIT A-2
SUMMARY
ANNUAL CAPITAL ADDITIONS, PLANFISCA ED 2 O E
CAPITAL
O3 BUDGET
BONDED CAPITAL PROJECTS
BOARD OF WATER AND LIGHT
Fiscal Year 2002-2003 Funding
Total Expenditures Expenditures Total
------------------------------------------------- --------------------
^
Project As Of Fiscal Year Project Cash Bond Total
in (DOD's) Estimates 06/30/02 2002-03 Balances Flow Fund CIA
-
---------------- ------------------ --------------
---------- -----
-----------------
_
-RIC UTILITY___
-----_--------Capital Additions 8,074
annual p 12,408 0 1;868 14,276
14,276 0 14,276 0 711 8,785
-
'lan 20,740 8,785 12,235 9,2
ned Capital Projects 41,760 1 ,105 0 05 0 9,205
3onded Capital Projects
25,230 1,920 9,205
AL ELECTRIC UTILITY 81,266 22,660 32,266 26,340
20,4B2 9,205 2,579 32,266
R UTILITY (,
------ p 22,991 0 3,873 0 19,118 22,991
Annual Capital Additions 22,991 1,783 0 800
961 2,583
Planned Capital Projects 4,961 0 961 892 2,961 0
1,523 0 961 0 961
Bonded Capital Projects
-AL WATER UTILITY
28,950 892 26,535 1,523 5,656 961 19.918 26,535
M UTILITY
-------------------- 0 563 0 30 593
Annual Capital Additions 4,337 593 0 593 0 0 2,017
Planned Capital Projects 405 2,017 1,915 2,017 0 250
Bonded Capital Projects 250 0 250 D 0 250
2,860
-AL STEAM UTILITY 5,160 405 1,915 2,580 250 30 2,860
00-N FACILITIES
- ------------------ 0 964 0 0 964
Annual Capital Additions 964 0 964 0 237 1,147
Planned Capital Projects 5,414 2,008 1,147 2,259 0 910 0 0 0 0
Bonded Capital Projects 0 0 0
FAL COMMON FACILITIES 6,378 2,008 2,111 2,259 1,874 0
237 2,111
3D OF WATER & LIGHT
- - ---------- --------- ------------
al Annual Capital Additions--- 38,824 0 38,824 0 17,808 0 21,016 38,824
al Planned'Capital Projects 56.509 24,045 14,532 17,932 12,784 0 1,748 14,532
at Bonded Capital Projects 26,441 1,920 10,416 14,105 0 10,416 0 10,416
L BOARD OF WATER &LIGHT 121,774 25,965 63,772 32,037 30,592 10,416 22,764 63,772
Budgeted Capital Expenditures = $63,772 less $22,764(CIA) _$41,008 less $10,416 (Bond Funds) _$30,592 Page 1 of 19
Final
=Contribution in Aid
EXHIBIT B
Economic Parameters For Fiscal Year 2003 Studies (Issued 5/91021
Fiscal Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
Inflation Factor(O&M)•3% 1.030 1.061 1.093 1.126 1.159 1.194 1.230 1.267 1.305 1.344
Inflation Factor(Fuel,Chemical) -2% 1.020 1.040 1.061 UK 1.104 1.126 1.149 1.172 1.195 1.219
Capital Escalation Factor.4% 1.040 1.082 1,125 1,170 1.217 1.265 1.316 1.369 1.423 1.480
Minimum Rate of Return-Mandatory Projects 5.5%
Minimum Rate of Return-Necessary Projects 8.5%
Minimum Rate of Return•Discretionary Projects 12.0%
Present Worth Factor-MRR 5,5% 0,9479 0.8985 0.8516 0.13072 0.7651 0.7252 0.6874 0.6516 0.6176 0.5854
Present Worth Factor-MRR 8.5% 0.9217 0.8495 0.7829 0.7215 0.6650 0.6129 0.5649 0.5207 0.4799 0.4423
Present Worth Factor-MRR 12.0% 0.8929 0.7972 0,7118 0.6355 0.5674 0.5066 0.4523 0.4039 0.3606 0.3220
Fixed Charge Rate.Bonded Projects
Project Payback Period(years) 5 10 15 20 25 30
-Mandatory Project 23.89% 13.53% 10.16% 8.54% 7.60% 7.02%
-Necessary Project 25.88% 15.55% 12.28% 10.78% 9.97% 9.49%
-Discretionary Project 26,30% 18.05% 14,98% 13.66% 13.01% 12.66%
Fixed Charge Rate•Projects Not Bonded
Project Payback Period(years) 5 10 15 20 25 30
-Mandatory Project 23.42% 15.79% 13.27% 9.96% 8.37% 7.46%
-Necessary Project 25.38% 17,73% 15.24% 12.04% 10.57°/ 9.77%
-Discretionary Project 27.74% 20.13% 17.70% 14.68% 13.39% 12.75%
System Avoided Cost
Electric(51MWhs) 17.43 17.49 17.59 17.71 17.86 18.32 18.79 19.28 19.77 20.28
Stearn(SIMIb) 2.87 2.88 2.89 2.91 2.94 3.01 3.09 3.17 3.25 3.34
Water(see note 11
System Marginal Cost
Electric(SIMWhs) 15.76 16.83 16.92 17.04 17.18 17.63 18,08 18.54 19.02 19.51
Steam(SIMIb) 2.83 2.154 2.85 2.87 2.90 2.97 3.05 3.13 3.21 3.29
Water(SICCF)[see note 21 0,4759 0.487B 0.5000 0.5126 0.5254 0.5386 0.5522 0.5661 0,5803 0.5950
Operating Expense Ratio(Excludes PILT and Depreciation)
Electric(S O&M Expense IS Revenue) 0.62 0.62 0.62 0.62 0.62 0.83 0,83 0.83 0.133 0.83
Steam(S O&M Expense 1$Revenue) 0.69 0.69 0.69 0.69 0.69 0.87 0.87 0.87 0,87 0.87
Water(S 0&M Expense I S Revenue) 0.34 0.34 0.34 0,34 0.34 0.73 0.73 0.73 0.73 0.73
Average System Loss Factors
Electric(I-Retail Sales/Net Gen Req) 3.4% 3.4% 3.4% 3.4% 3.4% 3.4% 3.4% 3.4% 3.4% 3.4%
•Steam(`I-Retail Sales/Net Gen Req) 5.5% 5.5% 5.5% 5.5% 5.5% 5.5% 5.5% 5.5% 5.5% 5.5%
Water(1-Sales/Net Pumpage to System) 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10,0% 10.0% 10,0% 10.0%
MPPA Capacity Revenue Offset(SIMWlmonth) 3,000 3,090 3,183 3,278 3,377
Payment in Lieu of Taxes(PILT) 4.0%
Notes:
1 For Water Avoided Costs contact Bulk Power and Resource Planning at 702-6504.
2 Water Marginal Costs are being reviewed.
3 For Net&Gross Replacement Power Costs,and unit annual capacity factors contact Bulk Power and Resource Planning at 702-6504.
4 Payment in Lieu of Taxes(PILT)will be based on retail and wholesale sales. 1 1 0
May 14,2002 Page 49
Board Minutes
Preliminary Minutes—Subject to Board Approval
MINUTES OF THE BOARD OF COMMISSIONERS' SPECIAL MEETING
LANSING BOARD OF WATER AND LIGHT
Tuesday, May 14, 2002
The Board of Commissioners met in Special Session in the Boardroom of the
Administrative Offices, 1232 Haco Drive, Lansing, Michigan.
Present: Commissioners Ronald C. Callen, Nancy W. Duncan, Tim Haggart, Diane R.
Royal and Nancy A. Wonch.
Absent: Commissioners Ernest J. Christian, Charles M. Creamer and Connie Marin.
Chairperson Callen called the meeting to order at 5:40 p.m. He announced that the
purpose of the special meeting was to consider the sale of Board of Water and Light-
owned property at 312 North Grand Avenue.
The Secretary declared a quorum present.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME
TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER
SUBJECT NOW, OR AT THE END OF THE MEETING.
No persons spoke.
SALE OF PROPERTY AT GRAND AVENUE
AND SHIAWASSEE STREET
General Manager Pandy submitted a proposal for the sale of the Board of Water and
Light property north of the Ottawa Power Station. The property is situated on the corner
of Grand Avenue and Shiawassee Street. The sale of this property has been prompted by
the pending sale of a parcel known as the "Triangle Property" at the corner of Kalamazoo
and Grand Avenue owned by the City of Lansing. Developer Joel Ferguson has
negotiated a deal with the State of Michigan to build a large office building to house the
Michigan State Police and the Michigan Department of Military Affairs at the Triangle
Page 50 May 14,2002
Board Minutes
site. As a condition to selling the Triangle property to Mr. Ferguson, the City required
that he also build a new residential development downtown. The Board of Water site at
312 North Grand includes approximately 3.5 acres of land bordered by Shiawassee
Street, Grand Avenue and the Grand River. A fact sheet summarizing the transaction was
reviewed.
General Manager Pandy handed out a letter addressed to Patrick Reid, Attorney, River
Street Triangle, L.L.C., dated May 14, 2002 that outlines four revisions to the proposed
Agreement to Sell between the Board of Water and Light and River Street Triangle,
L.L.C. (Triangle).
Developer Joel Ferguson and Attorney Patrick Reid addressed the Board on one
remaining issue to be negotiated relative to utility services referenced in Section 304 of
the Agreement. Mr. Ferguson stated that he could not commit to purchase chilled water
utility services for the Triangle property located on the corner of Kalamazoo Street and
Grand Avenue. He told the Board that the decision to take chilled water services should
be left to the third party, which is the State of Michigan who will be leasing the property.
He stated that he has agreed to take electric, water, steam and chilled water utility
services for the property reserved for the high rise residential housing to be located at 312
North Grand Avenue.
In response to Mr. Ferguson's position on the issue, Mr. Pandy reported that the State of
Michigan has decided in other situations involving State buildings to not be in the utility
business. He added that BWL rates are competitive and it would be a good deal for the
State. Following discussion, the Board considered the following resolution:
Sale of Real Estate at 312 North Grand Avenue
(Resolution 2002-5-1)
RESOLVED, That the parcel legally described as follows is no longer needed for the
operation of the Board of Water and Light:
Parcel A" (Phase I Site)
A part of the parcel surveyed and described in L. 5, PP. 608-610 of Ingham County
Certified Survey Maps, said part of said surveyed parcel being particularly described as
follows: Beginning at the southeast corner of the intersection of N. Grand Avenue and E.
Shiawassee Street, said Point of Beginning now marked by a chiseled"x" in the concrete
sidewalk; thence along the south line of E. Shiawassee Street (82.5 ft. wide) S 89°58'00"
E 221.35 ft.; thence along a line that is 25 ft., more or less, westerly of and parallel to the
concrete retaining wall on the west side of the Grand River the following four (4)
courses: S 45°00'36"E 56.87 ft.; S 07°00'36" E 173.29 ft.; S 17°19'58"E 75.72 ft.; S
01°08'14"E 11.78 ft.; thence along the centerline of a common party wall and it's
extension N 89°58'00" W 305.60 ft. to a point on the east line of N. Grand Avenue (82.5
ft. wide); thence along the east line of N. Grand Avenue N 00'01'02"E 296.21 ft. to the
May 14,2002 Page 51
Board Minutes
Point of Beginning (a chiseled"x" in the concrete sidewalk),being on part of Block 66 of
the Original Plat of Lansing, L. 2, PP. 3 6-3 8 of Ingham County Deeds, and containing
81,363 sq. ft. or 1.8678 acres of land, more or less, and subject to easements and
restrictions.
Parcel "B" (Phase II Site)
A part of the parcel surveyed and described in L. 5, PP. 608-610 of Ingham County
Certified Survey Maps, said part of said surveyed parcel being particularly described as
follows: Beginning at a point on the centerline of vacated E. Ionia Street at a point that is
67.07 ft. easterly of the east line of N. Grand Avenue (82.50 ft. wide); thence along the
centerline of vacated E. Ionia Street Due East 22.02 ft. (said street vacation evidenced by
the document recorded in L. 1378, P. 805 of Ingham County deeds); thence N 50°05'10"
E 157.52 ft. to a survey iron with i.d. cap #30897; thence N 00°30'33"E 39.82 ft. to a
survey iron with i.d. cap #30897; thence easterly on the extension of a common party
wall that is west of this location S 89°58'00" E 95.24 ft.; thence along a line that is 25 ft.,
more or less, westerly of and parallel to the concrete retaining wall on the west side of the
Grand River S 01°08'14" E 292.13 ft.; thence along a line 30.00 ft. northerly of and
parallel to the brick Ottawa Station northerly wall N 89°58'55" W 244.01 ft. to a point
that is 30.00 ft. easterly of the east side of the architectural facade of the City of
Lansing's "North Grand Avenue Parking Ramp"; thence along a line 30.00 ft. easterly of
and parallel to the east side of the parking ramp facade N 00°05'02" W 151.16 ft. to the
Point of Beginning, being on parts of Blocks 66 & 98 and vacated E. Ionia Street in the
Original Plat of Lansing, L. 2, PP. 36-38 of Ingham County, Michigan Deeds, containing
56,445 sq. ft. or 1.2958 acres of land, more or less, and subject to easements and
restrictions, and including an access easement area connecting Parcel `B"with N. Grand
Avenue described as follows: Beginning at the intersection of the east line of N. Grand
Avenue (82.50 ft. wide) with the centerline of vacated E. Ionia Street; thence along the
centerline of vacated E. Ionia Street Due East 67.07 ft.; thence S 00°05'02"E 31.69 ft.
along the west line of the Parcel `B"; thence Due West 67.10 ft. to a point on the east line
of N. Grand Avenue; thence along the east line of N. Grand Avenue N 00'01'35" W
31.69 ft. to the Point of Beginning of the access easement area.
FURTHER RESOLVED, That the General Manager and Corporate Secretary be
authorized to enter into an agreement in substantially such form with River Street
Triangle, L.L.C. for the sale of real estate including and adjacent to 312 N. Grand Avenue
bounded by Grand Avenue, Shiawassee Street, and the Grand River, based on its
independently appraised value.
FURTHER RESOLVED, That the proceeds from the sale of this parcel shall remain with
the funds and accounts of the Board of Water and Light.
FURTHER RESOLVED, That the sale is subject to and contingent upon the approval of
Lansing City Council.
Page 52 May 14,2002
Board Minutes
Staff Comments: The property sale is subject to and contingent upon the approval of the
Lansing City Council. The Board of Water and Light will retain its ownership of a 25-
foot wide strip of land adjacent to and along the bank of the Grand River. The developer
plans to build residential housing on the subject property.
Moved by Commissioner Callen, seconded by Commissioner Royal, that the resolution
be approved including the following revisions to the proposed "Agreement to Sell
Between the Board of Water and Light and River Street Triangle, L.L.C. Regarding Sale
of the Property Located in the Corner of Shiawassee Street and Grand Avenue:"
• The BWL proposes to sell the property for $1,997,070, based on the reduced square
footage to be conveyed.
• The BWL agrees to grant River Street Triangle, L.L.C. an access easement as shown
on the attached drawing.
• The requirement for the River Street Triangle, L.L.C. to take the BWL chilled water
service will be deleted from the proposed Agreement.
• Section 301 of the proposed Agreement shall read substantially as follows:
The purchaser grants to the Seller the right to repurchase a portion of the
Phase H Site in such amount as necessary to facilitate the development of
Seller's Ottawa Station located adjacent to the Phase II Site, as long as
such sale does not significantly adversely impact the Purchaser's
development of the Phase I Site and the remaining portion of the Phase II
Site. The Seller's cost to repurchase the necessary portion of the Phase H
Site will be the square foot cost ($14.40) paid by Purchaser for the
Property.
Discussion: After lengthy discussion, Commissioner Duncan stated for the record that
she is prepared to support the motion because she believes that what the Board is
conveying is the BWL property and not the "Triangle" property. For this reason, she
does not believe she is in a direct conflict of interest situation by virtue of her
responsibilities and employment with the State of Michigan. She also stated that because
BWL rates are competitive, the BWL should be able to sell its chilled water service to the
State.
Commissioner Wonch stated that she does not think the Board has the ability to require
the developer to commit the State of Michigan to purchase the BWL chilled water
services. She also concurred with Commissioner Duncan's statement on the BWL's
ability to sell its chilled water services by virtue of its competitive rate.
Commissioner Royal stated that she views the difference of including electric, water and
steam as more understandable because those are not, at this point, on a competitive
Page 53
May 14,2002
Board Minutes
nt that is
market. The BWL chilled water service is the one el the State of competitive,
and it
snakes sense that the Board cannot control that decision f
or Action: Carried unanimously.
EXCUSED ABSENCE
On motion by Commissioner Royal and seconded by n be issio d.r Duncan, that the
absences of Commissioners Christian, Creamer and Mar
Carried unanimously.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OFTHE WATER LIC AND RELIG WELCOME
ECT.
TO SPEAK TO THE BOARD ON ANY BOARD O
No persons spoke.
ADJOURNMENT
There being no objection, the meeting adjourned by unami-nous consent at 6:30 p.m.
Is/Mary E. Sova, Secretary
Filed with Lansing City Clerk
May 17, 2002
ATTACHMENT
cnls.°x..
E. Shiawassee St.
i
in sidewalk`
Parcel"A" Olverslon 221.35'
P.0.B. I frel,yd. Chamhar J North
I
° Precast Concrete Box Culvert S� —
I
9water pole
J M.H. c
pole
I
u.g,street lighting duct
I �
i 25'
€I E s Lnmge SWL
I �E W
°
�I u
Parcel "A"
N
Q N (Phase') I o
Scale: 1 in. =80 ft.
� I I
I pole overhead _ pole
buried elec.ducillnes pole pole
L I oar
^ I overhead(an hld.) °sae I 25'
V I
I I Ln
z BWL Bldg. '
I Ir �?
co
I
.305.60' iron#30897 ~
I '-
95,24'
I 0)
Stackable Bldg. CO
pole iron#30897
I /a .
I fie
°veead Parcel"B"
P.O.B. ,/`` 25'
Ionia
E. --_ _
S t. Comm.Urns, 67.07' pole I� Cz
22.02' '� W
10 j
-------------
Access Easement Area
north silo or I (cross-hatched)
Parking ramp 0.0 �
I CD
Parcel "I r' M
(Phase e) L.
I
I r O
I overhead� N
pole pole U 0.
N. Grand 11 _0
Avenue �li 244.01'
Parking E overhead IC6
Ramp m crane rail 30
20' 0
sump
°
a°
" Ottawa Station
m v
'i
16:10 MAY 17, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #92073 PAGE: 1/6
BOARD OF WATER AND LIGHT PO Box 13007, Lansing,MI 48901
F��XWATER&LIGHT Date: Friday, May 17, 2002 4:
Number of pages including 6
cover sheet:
To: City CIerk's Office From: Mary Sova
Phone: Phone:
Fax: 377-0068 Fax phone: (517)702-6203
CC:
REA ARKS: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment
Attached for filing with your office is a "faxed" set of
minutes of the Special Meeting of the Board of Commissioner
held May 14, 2002. An original copy is being mailed to you
office today.
16:10 MAY 17, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 *92073 PAGE: 2/6
Mav 14,2002 Page 49
Board Minutes
Preliminary Minutes—Subject to Board Approval
MINUTES OF THE BOARD OF COMMISSIONERS' SPECIAL MEETING
LANSING BOARD OF WATER AND LIGHT
Tuesday, May 14,2002
The Board of Commissioners met in Special Session in the Boardroom of the
Administrative Offices, 1232 Haco Drive,Lansing, Michigan.
Present: Commissioners Ronald C. Callen, Nancy W. Duncan, Tim Haggart, Diane R
Royal and Nancy A. Wonch.
Absent: Commissioners Ernest J. Christian, Charles M. Creamer and Connie Marin.
Chairperson Callen called the meeting to order at 5:40 p.m. He announced that the
purpose of the special meeting was to consider the sale of Board of Water and Light-
owned property at 312 North Grand Avenue.
The Secretary declared a quorum present.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME
TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER
SUBJECT NOW, OR AT THE END OF THE MEETING.
No persons spoke.
SALE OF PROPERTY AT GRAND AVENUE
AND SHIAWASSEE STREET
General Manager Pandy submitted a proposal for the sale of the Board of Water and
Light property north of the Ottawa Power Station. The property is situated on the corner
of Grand Avenue and Shiawassee Street. The sale of this property has been prompted by
the pending sale of a parcel known as the"Triangle Property" at the corner of Kalamazoo
and Grand Avenue owned by the City of Lansing. Developer Joel Ferguson has
negotiated a deal with the State of Michigan to build a large office building to house the
Michigan State Police and the Michigan Department of Military Affairs at the Triangle
16:11 MAY 17, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #92073 PAGE: 3/6
Page 50 May 14,2002
Board Minutes
site. As a condition to selling the Triangle property to Mr. Ferguson, the City required
that he also build a new residential development downtown. The Board of Water site at
312 North Grand includes approximately 3.5 acres of land bordered by Shiawassee
Street, Grand Avenue and the Grand River. A fact sheet summarizing the transaction was
reviewed.
General Manager Pandy handed out a letter addressed to Patrick Reid, Attorney, River
Street Triangle, L.L.C., dated May 14, 2002 that outlines four revisions to the proposed
Agreement to Sell between the Board of Water and Light and River Street Triangle,
L.L.C. (Triangle).
Developer Joel Ferguson and Attorney Patrick Reid addressed the Board on one
remaining issue to be negotiated relative to utility services referenced in Section 304 of
the Agreement. Mr. Ferguson stated that he could not commit to purchase chilled water
utility services for the Triangle property located on the comer of Kalamazoo Street and
Grand Avenue. He told the Board that the decision to take chilled water services should
be left to the third party, which is the State of Michigan who will be leasing the property.
He stated that he has agreed to take electric, water, steam and chilled water utility
services for the property reserved for the high rise residential housing to be located at 312
North Grand Avenue_
In response to Mr. Ferguson's position on the issue, Mr. Pandy reported that the State of
Michigan has decided in other situations involving State buildings to not be in the utility
business. He added that BWL rates are competitive and it would be a good deal for the
State. Following discussion, the Board considered the following resolution:
Sale of Real Estate at 312 North Grand Avenue
(Resolution 2002-5-1)
RESOLVED, That the parcel legally described as follows is no longer needed for the
operation of the Board of Water and Light:
Parcel "A" (Phase I Site)
A part of the parcel surveyed and described in L. 5,PP. 608-610 of Ingham County
Certified Survey Maps, said part of said surveyed parcel being particularly described as
follows: Beginning at the southeast corner of the intersection of N. Grand Avenue and E.
Shiawassee Street, said Point of Beginning now marked by a chiseled "x" in the concrete
sidewalk,thence along the south line of E. Shiawassee Street (82.5 ft. wide) S 89°58'00"
E 221.35 ft.; thence along a line that is 25 ft., more or less, westerly of and parallel to the
concrete retaining wall on the west side of the Grand River the following four (4)
courses: S 45°00'36"E 56.87 ft.; S 07°00'36" E 173.29 ft.; S 17°19'58"E 75.72 ft.; S
01008'14"E 11.78 ft.;thence along the centerline of a common party wall and it's
extension N 89°58'00" W 305.60 ft. to a point on the east line of N. Grand Avenue(82.5
ft. wide);thence along the east line of N. Grand Avenue N 00°0P02"E 296.21 ft. to the
16.12 MAY 17, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #92073 PAGE: 4/6
May 14,2002 Page 51
Board Minutes
Point of Beginning (a chiseled"x"in the concrete sidewalk), being on part of Block 66 of
the Original Plat of Lansing,L. 2, PP. 36-38 of Ingham County Deeds, and containing
81,363 sq. ft. or 1.8678 acres of land, more or less, and subject to easements and
restrictions.
Parcel B" (Phase II Site)
A part of the parcel surveyed and described in L. 5, PP. 608-610 of Ingham County
Certified Survey Maps, said part of said surveyed parcel being particularly described as
follows: Beginning at a point on the centerline of vacated E. Ionia Street at a point that is
67.07 ft. easterly of the east line of N. Grand Avenue(82.50 ft. wide);thence along the
centerline of vacated E. Ionia Street Due East 22.02 ft. (said street vacation evidenced by
the document recorded in L. 1378, P. 805 of Ingham County deeds); thence N 50'05'10"
E 157.52 ft. to a survey iron with i.d. cap #30897;thence N 00°30'33"E 39.82 ft. to a
survey iron with i.d. cap 430897;thence easterly on the extension of a common party
wall that is west of this location S 89°58'00"E 95.24 ft.; thence along a line that is 25 ft.,
more or less, westerly of and parallel to the concrete retaining wall on the west side of the
Grand River S 01°08'14"E 292.13 ft.; thence along a line 30.00 ft_ northerly of and
parallel to the brick Ottawa Station northerly wall N 89°58'55"W 244.01 ft. to a point
that is 30.00 ft. easterly of the east side of the architectural facade of the City of
Lansing's "North Grand Avenue Parking Ramp"; thence along a line 3 0.00 ft. easterly of
and parallel to the east side of the parking ramp facade N 00°05'02" W 151.16 ft. to the
Point of Beginning, being on parts of Blocks 66 & 98 and vacated E. Ionia Street in the
Original Plat of Lansing, L. 2, PP. 3 6-3 8 of Ingham County, Michigan Deeds, containing
56,445 sq. ft_ or 1.2958 acres of land, more or less, and subject to easements and
restrictions, and including an access easement area connecting Parcel`B"with N. Grand
Avenue described as follows: Beginning at the intersection of the east line of N. Grand
Avenue(82.50 ft. wide)with the centerline of vacated E. Ionia Street; thence along the
centerline of vacated E. Ionia Street Due East 67.07 ft.;thence S 00°05'02"E 31.69 ft.
along the west line of the Parcel`B";thence Due West 67.10 ft. to a point on the east line
of N. Grand Avenue; thence along the east line of N- Grand Avenue N 00°0F35"W
31.69 ft. to the Point of Beginning of the access easement area.
FURTHER RESOLVED, That the General Manager and Corporate Secretary be
authorized to enter into an agreement in substantially such form with River Street
Triangle, L.L.C. for the sale of real estate including and adjacent to 312 N. Grand Avenue
bounded by Grand Avenue, Shiawassee Street, and the Grand River, based on its
independently appraised value.
FURTHER RESOLVED, That the proceeds from the sale of this parcel shall remain with
the funds and accounts of the Board of Water and Light.
FURTHER RESOLVED, That the sale is subject to and contingent upon the approval of
Lansing City Council.
16:12 MAY 17, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 *92073 PRGE: 5/6
Page 52 May 14,2002
Board Minutes
Staff Comments: The property sale is subject to and contingent upon the approval of the
Lansing City Council. The Board of Water and Light will retain its ownership of a 25-
foot wide strip of land adjacent to and along the bank of the Grand River. The developer
plans to build residential housing on the subject property.
Moved by Commissioner Callen, seconded by Commissioner Royal, that the resolution
be approved including the following revisions to the proposed "Agreement to Sell
Between the Board of Water and Light and River Street Triangle, L.L.C. Regarding Sale
of the Property Located in the Corner of Shiawassee Street and Grand Avenue:"
• The BWL proposes to sell the property for $1,997,070, based on the reduced square
footage to be conveyed.
• The BWL agrees to grant River Street Triangle, L.L.C. an access easement as shown
on the attached drawing.
• The requirement for the River Street Triangle, L_L_C. to take the BWL chilled water
service will be deleted from the proposed Agreement.
• Section 301 of the proposed Agreement shall read substantially as follows.-
The purchaser grants to the Seller the right to repurchase a portion of the
Phase II Site in such amount as necessary to facilitate the development of
Seller's Ottawa Station located adjacent to the Phase II Site, as long as
such sale does not significantly adversely impact the Purchaser's
development of the Phase I Site and the remaining portion of the Phase II
Site. The Seller's cost to repurchase the necessary portion of the Phase II
Site will be the square foot cost ($14.40) paid by Purchaser for the
Property.
Discussion: After lengthy discussion, Commissioner Duncan stated for the record that
she is prepared to support the motion because she believes that what the Board is
conveying is the BWL property and not the "Triangle" property. For this reason, she
does not believe she is in a direct conflict of interest situation by virtue of her
responsibilities and employment with the State of Michigan. She also stated that because
BWL rates are competitive, the BWL should be able to sell its chilled water service to the
State_
Commissioner Wonch stated that she does not think the Board has the ability to require
the developer to commit the State of Michigan to purchase the BWL chilled water
services. She also concurred with Commissioner Duncan's statement on the BWL's
ability to sell its chilled water services by virtue of its competitive rate.
Commissioner Royal stated that she views the difference of including electric, water and
steam as more understandable because those are not, at this point, on a competitive
16:13 MAY 17, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #92073 PAGE: 6/6
May 14,2002 Page 53
Board Minutes
market. The BWL chilled water service is the one element that is competitive, and it
makes sense that the Board cannot control that decision for the State of N ichigan.
Action: Carried unanimously.
EXCUSED ABSENCE
On motion by Commissioner Royal and seconded by Commissioner Duncan, that the
absences of Commissioners Christian, Creamer and Marin be excused.
Carried unanimously.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME
TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT.
No persons spoke.
ADJOURNMENT
There being no objection, the meeting adjourned by unanimous consent at 6:30 p.m.
Is/Mary E Sova, Secretary
Filed with Lensing City Clerk
May 17, 2002
20
Preliminary Minutes—Subject to Board Approval
MINUTES OF THE BOARD OF COMMISSIONERS' MEETING
LANSING BOARD OF WATER AND LIGHT
Tuesday, April 23, 2002
The Board of Commissioners met in regular session at 5:30 p.m. in the Boardroom of the
Administrative Offices, 1232 Haco Drive, Lansing, Michigan, Chairman Ron Callen called the
meeting to order.
Present: Commissioners Ron C. Callen, Ernest J. Christian, Charles M. Creamer,Nancy
W. Duncan, Tim Haggart, Connie Marin, Diane R. Royal,Nancy A. Wonch- 8.
Absent: None
The Secretary declared a quorum present.
All said the Pledge of Allegiance.
Chairman Callen welcomed Lansing City Councilmembers Geneva Smith and Carol Wood who
were present in the audience.
APPROVAL OF MINUTES
Motion made by Commissioner Christian, seconded by Commissioner Duncan, to approve the
minutes of special session held January 22, 2002.
Carried unanimously.
Motion made by Commissioner Christian, seconded by Commissioner Duncan, to approve the
minutes of special session held March 5, 2002.
Carried unanimously.
Motion made by Commissioner Wonch, seconded by Commissioner Duncan, to approve the
minutes of the Board Retreat held March 15-16, 2002.
Carried unanimously.
There being no objection, the rules were suspended to introduce a resolution of tribute to David
C. Emmons on his retirement from the Board of Water and Light.
Board Minutes Page 21
April 23,2002
RESOLUTION HONORING DAVID C. EMMONS
(Resolution 2002-4-18)
WHEREAS, It is with deep appreciation for the hard work, dedication and many contributions
that David (Dave) C. Emmons has put forth on behalf of the Board of Water and Light (BWL)
and the Greater Lansing community that we offer this expression of our thanks and best wishes
on his retirement; and
WHEREAS, Dave Emmons' entire 34-year career was devoted to the BWL. Hard work and
dedication eventually led him through an extraordinary career progression, ranging from a
Service Clerk, Supervisor, General Supervisor, Superintendent, to the position of Director of
Delivery. The major emphasis of his career focused in the electric construction business. Over
the past four years, he was involved in the engineering, design and construction of electric,
water, and steam utilities; and
WHEREAS, During the course of Dave Emmons' long and productive service with the BWL,
he contributed to its growth and reputation. In this, Dave's personal sense of dedication,
integrity, and thoroughness has proven invaluable. The people who depend upon reliable utility
services have benefited enormously because of Dave Emmons' years of experience; and
WHEREAS, Dave Emmons generously shared his experience and knowledge by serving as
President of the Lansing Area Safety Council and his membership with the American Public
Power Association.
RESOLVED, That we commend and congratulate David C. Emmons on this 23rd day of April,
2002, for a successful thirty-four years of devoted service to the Board of Water and Light. May
he enjoy many years of great golfing, fishing, boating, bowling and snowmobiling at his future
new home at Houghton Lake.
Moved by Commissioner Royal, seconded by Commissioner Christian, that the resolution of
tribute be approved as presented.
Action: Carried unanimously
Mr. Emmons thanked the Board of Commissioners, management and all the employees whose
dedication made his job easy and enjoyable.
WATER TAPPING TEAMS HONORED.
General Manager Pandy introduced the BWL's Water Tapping Teams who took first place in the
Men's and Women's divisions at a statewide competition in February. The contest sponsored by
the Michigan Section of the American Water Works Association (AWWA) simulates a water
service connection for a typical residential customer. Members of the Men's team are: Jim
Valentine, Randy Jones, Leon Flores and Coach Remecho Sanders. The Women's team includes
Diana Paul, Patricia Clark, and Bobbi Johnson. Brian McLeod, Manager of Electric, Water and
Page 22 Board Minutes
April 23,2002
Steam Transmission and Distribution, was also present in the audience. The teams will now
represent the BWL and Michigan in competition at the AWWA National Conference in New
Orleans, June 12-16.
Chairman Callen congratulated the tapping teams on behalf of the Board for their achievements
and wished them well at the national competition.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT
NOW, OR AT THE END OF THE MEETING.
Lansing City Councilmember Carol Wood addressed the Board regarding "customer choice"
for water service installations and water main installations within the City of Lansing. She asked
the Board to first evaluate the Water Customer Choice Program currently being offered in the
surrounding townships to assess its effectiveness. She expressed concerns with the current
inspection process, which has not been carried out adequately. She stated that customer service
is first and foremost for everyone. She urged the Board to explore the inspection and contractor
quality concerns further before making a decision on offering Water Customer Choice in the City
of Lansing.
Joseph Davis, President of IBEW Local 352, spoke against offering Water Customer Choice in
the City of Lansing. He distributed an informational packet containing hard copies of a slide
presentation on the Water Customer Choice Program. The packet also included an overview of
the program, the union's request and suggestions and written comments from Water Department
employees. He stated that issues would be brought forward during the public comment portion
of the meeting from employees regarding quality concerns such as improper meter installations
by contractors.
David Nickelesen, Developer/Owner of Nicklesen Properties, LLC, spoke in favor of Water
Customer Choice in the City of Lansing. He stated that his company is currently building a new
commercial building in the north end of the Lansing city limits. He said that costs and fees
associated with bringing the waterline into the site and building are excessive as compared to
bids received from private contractors. He handed out a letter outlining the comparisons.
BWL employee Jim Dravenstatt, Customer Account Representative (CAR), spoke against
Water Customer Choice in the City of Lansing. He displayed four photos concerning jobs he
visited, which involved defective work by contractors. He reported on several incidents that
involved faulty work done by contractors on the combined sewer overflow (CSO) project
resulting in loss of revenue for the BWL. He noted that BWL inspections and timely billings
are critical to the success of this process. Mr. Dravenstatt stated that he would hope "it will be
Lansing Board of Water and Light employees knocking on the door of City of Lansing
customers providing customer service, professionalism and craftsmanship that has been done so
well over the past 117 years."
Board Minutes Page 23
April 23,2002
Robin Smith, 3501 Ronald, Lansing, spoke in favor of Water Customer Choice in the City of
Lansing by presenting her views as a Lansing resident and on behalf of the Pentecostal Outreach
Church located on 2645 W. Holmes Road. She reported on the building project that is underway
at the Pentecostal Outreach Church. She stated that the Customer Choice Program encourages
competition and helps keep project costs down. She noted, for example, that project costs would
be approximately 30 percent higher if BWL union workers do the water service installation
work. She remarked that co-existence of labor forces is possible.
BWL employee Mark Hammond of Field Service Metering spoke against Water Customer
Choice in the City of Lansing. He asked the Commissioners to consider the following issues as
they debate whether to open Water Customer Choice in the City of Lansing: 1.) BWL
employees make multiple trips to job sites to correct substandard work done by contractors,
2.) BWL employees end up having to satisfy customers impacted by the contractors' errors,
3.) many of the contractors are not from the Lansing area, and 4.) BWL service has grown from
123,000 meters to 151,000 in year 2001. He urged the Board to support the local community by
choosing BWL employees over contractors from out of town.
BWL employee Ricardo Valles, Equipment Operator of Water and Steam Transmission, spoke
against Water Customer Choice in Lansing. He stated that he came to Lansing from another
municipality to work for the BWL. He related several incidents that involved work performed
by private contractors. An example involved a residential customer at a CSO project area who
was angry because the contractor left a "mess," and the BWL was blamed. To satisfy, the
customer, the BWL cleaned up the site. Mr. Valles gave an account of situations at other cities
involving contractors who performed the majority of the construction work and later filed for
bankruptcy because they did not have the cash to correct their errors.
Mark Miller, representing the Lansing Laborer's Local, spoke against Water Customer Choice
in the City of Lansing. He stated that unions bring commitment and integrity into the workforce
because of the training the union provides its members. He said that small contractors do not
provide the extensive training offered by unions. He stated that union workers are trained to do
the job right the first time. He urged the Board to keep the union involved in the City of
Lansing.
BWL employee Charles Bryant, Equipment Operator of Water and Steam Transmission and
Distribution, spoke against Water Customer Choice in the City of Lansing. He stated that the
BWL's main concern should focus on security of its water supply. He said that BWL must do
everything it can to assure that citizens of Lansing are protected from possible terrorist incidents.
He expressed his concern that BWL has no assurance who is actually being employed by the
contractors. He also stated that safety, customer focus, and quality of craftsmanship are what the
employees of IBEW Local 352 represent at the BWL.
BWL employee Patrick Martin, Meter Specialist of Water and Steam Transmission, spoke
against Water Customer Choice in the City of Lansing. He stated that customer satisfaction
measures have been very favorable over the years because of BWL employees' focus on
providing high quality service to customers. He expressed concern over quality and errors that
occur due to contractor installations. He stated that BWL must recover the cost for multiple
inspections.
Page 24 Board Minutes
April 23,2002
BWL employee Jeff LaChance, Meter Reading Specialist - Account Services, spoke against
Water Customer Choice in the City of Lansing. He stated that he is a former president of IBEW
Local 352 and a chief steward in the union. He told the Board that he participated in crafting the
BWL's Vision Statement. He pointed to the first line of the Vision Statement, which states:
"The Vision of the Lansing Board of Water and Light is to be the only utility our customers will
accept." He called attention to the line that states, "Sensibly pursue growth." He noted that
growth has been accomplished in the outlying areas. He also noted that employees cannot
develop to their full potential if work is taken away.
Chad Husted of Lansing, representing Hirsch Construction in Grand Ledge, spoke in favor of
Water Customer Choice in the City of Lansing. He stated that he is the construction manager for
the Pentecostal Outreach Church project. He said that his job is to bring in the most competitive
pricing for the project. He noted that the church was not given an option as to what it would pay
for the site utilities. Unit pricing and labor rates were considerably higher than what he has been
seeing. In comparing BWL pricing options with other contractors, he found there were
significant cost savings with independent contractors for the exact work. He said that he favors
competition and would hope the Board would consider extending competition to the City of
Lansing through Customer Choice.
COMMUNICATIONS
Letter and attachments from MEW Local 352 President Joseph D. Davis regarding water
construction alternatives (customer choice).
Referred to the Committee of the Whole.
COMMITTEE OF THE WHOLE
The Committee of the Whole met on February 26, 2002 at 5:30 p.m. to discuss the following
items:
1. Electric Strategic Plan
2. Environmental Performance
3. Security Measures
4. KeyMeter and Surge Protection Programs
5. Final R. W. Beck Report
6. Policy on Employment of Relatives
7. Share the Success Program
Present were Commissioners Ron Callen, Ernest Christian, Charles Creamer, Nancy Duncan,
Connie Marin, Diane Royal, and Nancy Wonch (arrived at 6:50 p.m.). Absent was Commissioner
Tim Haggart.
Board Minutes Page 25
April 23,2002
Security Measures. Security Administrator Jerry Mills reported on the current status of security
at the Eckert/Moores Park Plants, Erickson Plant, Brush Electric Operating Center (BESOC),
and substations. Photos, locations, access and descriptions of the various facilities were
reviewed in detail. Security upgrades at various BWL facilities include security surveillance
cameras, fences, gates, improved lighting, locked doors, and guards on foot and vehicle patrols
as well as alarms. Additional security measures are being explored for the Eckert Plant. All
BWL employees, vendors, and contractors are required to wear exposed I.D. cards. Security
continues to monitor the national scene, and continued cooperation with the FBI and local law
enforcement is ongoing. The BWL has been participating in City of Lansing training programs
and maintains emergency preparedness in-house through the BWL's Operational Emergency
Communication Center. Mr. Mills noted that BWL employees have been very responsive to
security issues. Following discussion, Mr. Mills agreed to develop a long-range security plan for
the BWL.
KeyMeter Program. Linda Rasor, Sales and Marketing Major Accounts Analyst for Strategic
Accounts and Product Development, presented an overview of the KeyMeter program for large
commercial and industrial customers. KeyMeter is a web-based energy management E-tool that
allows subscribing customers to view their energy profile, within a 24-hour window, from their
own Internet accessible PC. General Motors was the test market for KeyMeter. GM currently
has seven Lansing plant locations on the BWL's KeyMeter system. The program allows energy
management, demand side management, expense control and accountability. Actual BWL
metered usage is posted every 24 hours, and service is based on a monthly subscription that
customers pay on their monthly energy bill. There is no capital expense for the BWL or the
customer. The KeyMeter program is offered through Hometown Connections, a subsidiary of
American Public Power Association offering products and services to APPA members. Ms.
Rasor gave an online demonstration of the KeyMeter Internet metering service.
Surge Protection Service. Sue Warren, Sales and Marketing Major Accounts Analyst for
Strategic Accounts and Product Development, presented a business case for a proposed surge
protection service for residential and small commercial customers. This service is targeted for
residential homeowners who are interested in protecting their household appliances and
electronic equipment. It also targets small commercial businesses with services less than 200
amps. Future target markets include larger commercial and industrial customers that require
customized surge protection devices. This equipment is sensitive to lightning strikes, power
transients, and system surges. Ms. Warren noted that the meter socket adapter does not protect
the electronics; it only protects the mechanical devices for the home. The meter socket adapter
would be owned, installed and maintained by the BWL and leased to customers. Plug-in strips
would be purchased and installed by the customer. The following points were discussed: pricing
structure, market research, vendor selection, BWL infrastructure costs, economic parameters,
risk analysis,promotion plan and implementation status.
Following discussion, the Commissioners expressed interest in this program, but approval of the
surge protection proposal was tabled subject to some questions being resolved about the program
warranties covering damaged equipment.
R. W. Beck Report was received and referred to the Finance Committee for staff comment.
Page 26 Board Minutes
April 23,2002
Policy— Employment of Relatives. This item was referred to the Human Resources for review
and recommendation.
Share the Success Program. This item was referred to the Human Resources Committee for
review from a policy perspective and the Finance Committee to consider the financial impact.
Other Issues Discussed:
➢ Discussion was held on the importance for the Commissioners to have an opportunity to
discuss and vote on issues related to political philosophies before statements are issued on
behalf of the BWL.
➢ The Commissioners conveyed their congratulations and best wishes to the BWL water main
tapping teams as they prepare to compete at the American Water Works Association National
Conference to be held June 16-20 in New Orleans.
➢ BWL employees were commended for their work and participation in the Habitat for
Humanity project on Dibble Street in Lansing.
➢ Commissioner Callen reported on his participation at the American Public Power Association
(APPA) Legislative Rally in Washington, D.C. He found it to be an interesting experience
observing hundreds of people from municipal utilities from around the country working
together.
➢ General Manager Pandy gave an update on the Ottawa Station development and briefed the
Commissioners on three developers who have expressed interest in the project. The
Commissioners concurred that the BWL should cooperate with all interested developers and
the City of Lansing to seek the best possible development.
The meeting adjourned at 8:20 p.m.
Respectfully submitted,
Charles M. Creamer
Chair Pro Tem.
COMMITTEE OF THE WHOLE
Moved by Commissioner Creamer, seconded by Commissioner Christian, that the Report of the
Committee of the Whole be approved as presented.
Action: Carried unanimously.
HUMAN RESOURCES COMMITTEE REPORT
(Resolution 2002-4-1)
The Human Resources Committee met on April 9, 2002 at 5:00 p.m. to discuss the following
items:
Board Minutes Page 27
April 23,2002
1. Employment of Relatives
2. Corporate Diversity
3. Weapons in the Workplace
Present were committee members Callen and Haggart. Absent were Commissioners Marin and
Royal.
1. EMPLOYMENT OF RELATIVES
The background for the development of the proposed policy on employment of relatives was
discussed. The intent of the policy is to prohibit an employee from reporting directly to another
relative who is in a salaried-managerial or supervisory capacity. BWL neither encourages nor
discourages spouses or employees' relatives from employment at the BWL, if such employment
does not conflict with the provisions of the proposed policy. The policy would apply to all Non-
Bargaining Unit employees and management. Discussions on the employment of relatives are
currently underway with the Bargaining Unit.
Recommended Action
RESOLVED, That the Board of Commissioners hereby adopts the following Board of Water and
Light Policy on the Employment of Relatives.
POLICY ON THE EMPLOYMENT OF RELATIVES
(Resolution #2002-4-2)
The Lansing Board of Water and Light (BWL) desires to avoid even the appearance of
favoritism in employment matters and to assure its employees and customers that an employee's
hire, transfer, or promotion is based solely on the employee's qualifications and performance.
For that reason, the BWL neither encourages nor discourages spouses or employees' relatives
from employment at the BWL, if such employment does not conflict with the BWL Procedures
on the Employment of Relatives stated below.
As of May 1, 2002, the BWL will not hire, transfer, or promote an employee to work in the same
Responsibility Area (RA) where a relative of the employee is currently working if a direct-
reporting relationship would be created between the two employees.
Exceptions to this policy may be permitted on an infrequent basis for reasons related to exigent
operational needs of the BWL.
The General Manager, or a designated representative, shall establish procedures consistent with
this policy and be responsible for its implementation.
17:36 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 19120
Board Minutes Page 17
January 22,2002
esoluhon#2002-1-1'
FISCAL 2002 CAPITAL BUDGET ADJUSTMENTS
The following Capital Projects for fiscal 2002 be adjusted and/or added:
Project Name Project Number FY2002 Original Revised FY2002 Reason for
Capital Capital Budget change
Budget
Electric Vehicles& $ 885,000 $ 435,000 Purchase Delayed
uipment
Small Tools& 2002-39 $ 416,000 $ 300,000 Purchase Delayed
Equipment Electric
Unprogrammed 200241 $ 50,000 $ 20,000 Purchase Delayed
Property Purchase
Turbine Recorders 1-5 2002-103 $ 71,000 $ 36,000 Project Extended
Boiler#2&#Air Heater 2002-107 $ 840,000 $ 740,000 Cost Reduction
Retubing
Eckert Breeching $ 0 $ 100,000 Regulatory
Expansion Joints Requirement
EricksonTarbinc $776,000 $650,000 Cost Reduction
Overhaul
Northeast Substation 1996-106 $1,00 $ 502,000 Project Schedule
Distribution Delayed
Outage Management 2001-112 $ 500,000 $ 0 Project Schedule
System Delayed
Eckert Generator Bus& 2001-114 $ 523,000 $ 375,000 Cost Reduction
Breakers
Electric Training 2002-111 $ 36,000 $ 18,000 Project Schedule
-Upgrades; Delayed
Landfill Remediation 1997-135 $750,000 $600,000 Project Cost Reduction
Facility Roof 2001-126 $ 150,000 $ 100,000 Project Schedule
Replacements Delayed
Meter Reading 2002-126 $ 125,000 $ 72,000 Project Cost Reduction
Equipment
Meridian Substation
138kw sub&ROW 1992-104 $ 225,000 $ 50,000 Project Dela yed
Distribution 2001-127 $ 318,000 $ 0 Project Delayed
Transmission 2001-128 $ 318,000 $ 0 Project Dela ed
Chilled Water Eyde 7 2002-123 $241,000 $ 0 Project Cancelled
Block
Chilled Water Chiller 6 2002-124 31,455,000 1 $ 0 Project Delayed
NOx/Erickson Western $ 0 $1,090,000 Regulatory
Fuel Conversion Requirement
TOTAL. $8,683,000 $5,088,000
Staff Comments: This resolution is being submitted in accordance with Board Policy regarding
changes to the Capital Budget.
As a result of the recent review of BWL capital projects at the Finance Committee meeting on
January 17�`, staff has provided FY2002 Capital Budget modifications and a brief description of
the basis for change. The overall impact on the FY2002 Capital Budget as a result of the
changes listed is an overall reduction of$3,595,000.
Moved by Commissioner Duncan, seconded by Commissioner Royal, that the resolution be
approved.
17:37 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 19/20
Page 18 Board Minutes
January 22,2002
Action: Carried unanimously.
GENERAL MANAGER'S REMARKS
Resources for Language Translation: General Manager Pandy reported that Human
Resources has followed up on a suggestion made by Commissioner Marin to obtain language
resources for major foreign languages to assist customer with communication needs. Translation
services for Spanisl-4 Asian, French and Vietnamese languages have been located through
Michigan State University, Lansing Community College, and the Refugee Services.
EPA Extends Nitrogen Oxides (NOx) Emission Control Deadline. General Manager Pandy
reported that the Manager of Environmental Services forwarded a document describing that the
NOx compliance deadline is now officially May 31, 2004. The EPA Administrator announced
this decision in a letter to the U.S. House Energy and Commerce Committee and to members of
Congress in states affected by the caps. This is essentially a one-year extension for Midwest and
Southeast electric generating units to comply with NOx emission caps.
COMMISSIONERS' REMARKS
Customer Satisfaction Survey Follow Up. Commissioner Creamer stated that he was very
impressed with the positive Customer Attitude Survey results. He suggested a communication
piece from the Board Chair to welcome the news to the employees through a newsletter or the
BTYL Pipeline. Chairman Callen agreed with the suggestion and said he would follow up with
staff. General Manager Pandy mentioned that he plans to present the survey findings to all the
employees in various meetings throughout the system over the next month to communicate the
favorable results and to thank the employees for their role in achieving the high scores.
Board Retreat. Chairman Callen reported on plans for the Board Retreat to be held on Friday,
March 15th from 3 p.m. to 9 p.m. and Saturday, March 10 from 8 a.m. to 1 p.m. Jeff Tarbert,
Senior Vice President of the American Public Power Association, is scheduled to conduct an
educational session on instruction of being a Commissioner and the ramifications of that
responsibility. Commissioner Callen remarked that a couple of years ago, he enjoyed a 1-li2-
day uistructional seminar for policymakers, presented by Mr. Tarbert, which was very insightful.
Commissioner Callen will be meeting with Mr. Tarbert to discuss ways to condense the
instructional course to fit the schedule for the retreat on Friday, March 16a`. On Saturday
morning, the retreat will focus on issues specific to the BWL with Mr. Tarbert acting as the
facilitator to permit full participation by all Commissioners. A draft of suggested issues for the
Saturday morning discussion will be compiled for Commissioner input as well as the General
Manager. Commissioner Callen noted that the BWL Strategic Plan for electric, water and steam
has been suggested as a topic for the retreat, but noted that it may better to address this important
subject at a future Committee of the Whole meeting to allow more time for in depth discussion.
He also noted that the Open Meetings Act requires that meetings be reasonably accessible to the
public; consequently, the retreat it will be held locally. The location is yet to be determined.
17:38 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 20/20
Board Minutes Page 19
January 22,2002
EXCUSED ABSENCE
On motion by Commissioner Royal and seconded by Commissioner Duncan, that the absences of
Commissioners Christian and Wonch be excused.
Carried unatumously.
PUBLIC COMAVIENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT.
No persons spoke.
ADJOURNMENT
There being no objection, the meeting adjourned by unanimous consent at 6:44 p.m.
/s Allary E. Sova, Secretary
Filed with Lansing City Clerk
January 24, 2002
Page 28 Board Minutes
April 23,2002
BWL Procedures on the Employment of Relatives
This procedure governs the employment of relatives within the same Responsibility Area (RA)
and applies to all non-bargaining unit employees and management. (A copy of the current RA's
is available from Human Resources.)
As of May 1, 2002, the BWL will not hire, transfer, or promote an employee to work in the same
RA where a relative of the employee is currently working if a direct-reporting relationship would
be created between the two employees.
As a condition of hire, transfer, or promotion, an employee must disclose whether he or she will
be reporting to or supervising a relative.
Employees who are in a direct-reporting relationship with another relative prior to May 1, 2002,
may remain in their current positions unless a conflict or problem arises due to the relationship.
In those cases, BWL will follow the procedures set forth below under"Resolution of Conflicts."
This procedure is intended to prohibit the development of the following circumstances:
• An employee reporting directly to another relative who is in a salaried-managerial or
supervisory capacity. This procedure is intended to eliminate perceptions of favoritism in
job assignments, training, shift assignments, promotions, hires, transfers, performance
evaluations, disciplinary action and other similar situations.
• A promotion or transfer that creates a situation where one employee is directly reporting
to another relative. Employees will continue to be promoted and transferred based upon
qualifications and performance.
• An employee who marries another employee within the same RA will be permitted to
continue working in that same RA, unless a direct-reporting relationship exists between
the two employees. In such cases, the BWL will follow the procedures set forth below
under"Resolution of Conflicts."
Exceptions
Exceptions to this procedure may be permitted on an infrequent basis for reasons related to
exigent operational needs of the BWL, only where:
1) It can be reasonably demonstrated that:
a) an operational emergency exists or is imminent; or
b) there is apparent or probable shortage of alternative, qualified, and available personnel
resources in the RA; or
c) an exception is otherwise reasonably warranted based upon the prevailing circumstances.
Board Minutes Page 29
April 23,2002
2) The exception is documented in writing and approved by the highest level non-relative
supervisor and the Human Resources Director.
Resolution of Conflicts
In the event an employment relationship covered by this procedure creates a problem or conflict
within the RA, or if an employee has failed to disclose a direct-reporting relationship with a
relative, the employee(s) will be counseled and informed that if the same or an additional
problem occurs within the next 12 months, both of the employees will be given 90 days to bid
out or transfer out of the RA. If neither party bids out or transfers, the Process Manager or
Director will transfer the junior employee into a comparable position within the Process, if
possible. If the transfer is not possible within the Process, the employee will be referred to
Human Resources for transfer to another Process where a comparable position exists.
In all cases, BWL reserves the right to apply appropriate disciplinary action for violations of this
procedure, up to and including discharge.
2. CORPORATE DIVERSITY
Graphical data depicting BWL workforce diversity and utilization of minorities and females
compared to the Tri-County area availability of workforce was reviewed. The data indicates a
BWL total average of 18.1% minority employees as compared to the Tri-County area's total
average of 11.8% and an average of 23.3% female employees as compared to the Tri-County's
total average of 47.2%. The data also compared workforce diversity and utilization for each job
classification.
The BWL Supplier Diversity Program for Calendar Year 2001 was discussed. A status report on
supplier diversity for Calendar Year 2001 showed significant accomplishments in the areas of
increased suppliers in the BWL's Supplier Diversity Directory and increased purchases with
diverse suppliers. Diversity training for employees with authority to purchase will continue to
support increasing BWL expenditures with newly identified diverse suppliers.
Recommended Action
RESOLVED, That the Board of Commissioners hereby adopts the following Board of Water and
Light Policy on Corporate Diversity. This policy shall take effect immediately upon its adoption.
CORPORATE DIVERSITY POLICY
(Resolution #2002-4-3)
As a public utility, the Lansing Board of Water and Light (BWL) recognizes the importance of
diversity among its workforce, suppliers, and in the communities that it serves.
BWL generates its revenues from a broad cross-section of ratepayers, representing a diverse
connnunity of people. To that end, the economic health and growth of this organization, and the
community at large, depends on BWL's consideration of its workforce, suppliers and ratepayers.
Page 30 Board Minutes
April 23,2002
BWL will aggressively support the growth and development of a diverse pool of suppliers,
including minority and women-owned businesses. Further, BWL will continue to establish a
workforce that is highly representative of the customers who use BWL's resources.
BWL's goal, under corporate diversity, is to create an environment which values multi-cultural,
racial and gender diversity as an enhancement to the products and services it offers to its
ratepayers.
To achieve this goal, BWL's management will be held accountable in carrying out pro-active
initiatives that ensure diversity in its workforce and supplier pool that reflect the ratepayer base.
The General Manager, or a designated representative, shall establish procedures consistent with
this policy and be responsible for its implementation.
3. CLARIFICATION TO PREVENTION OF WORKPLACE VIOLENCE POLICY
General Manager Pandy reported that an informational meeting was held on April 8, 2002, to
hear employee concerns regarding a clarification to the current Workforce Violence Policy and
specifically address weapons in the workplace. The review of this policy was brought on by the
change in the concealed weapons law in the State of Michigan, which took effect July 1, 2001.
In response to questions raised by the Commissioners, Security Administrator Jerry Mills
described how management would respond to situations involving weapons in an employee's
vehicle. He reviewed some specific examples of how various situations would be evaluated,
based upon investigation, surroundings and the circumstances involved. He noted that this is not
a new policy; it has been in the Employees' Handbook since 1989, and more recently, the
Violence in the Workplace policy since 1999. The difference with this new procedure is that it is
more specific and clearly defined. There was no reference to BWL vehicles or personal vehicles
on BWL property in the old policy.
Recommended Action
RESOLVED, That the Board of Commissioners hereby adopts the following Board of Water and
Light Clarification to Prevention of Workplace Violence Policy. This procedure shall take effect
immediately upon its adoption.
WEAPONS IN THE WORKPLACE
(Resolution #2002-4-4)
The Lansing Board of Water and Light (BWL) believes it is important to establish a clarification
to the current policy and specifically address weapons in the workplace.
The Lansing Board of Water and Light prohibits all persons who enter BWL property from
carrying a handgun, firearm, or prohibited weapon of any kind onto the property regardless of
whether the person is licensed to carry the weapon or not.
The policy applies to all BWL employees, contract and temporary employees, vendors, visitors
on BWL property and customers and contractors on BWL property regardless of whether they
have a concealed weapons license. The only exception will be police officers, security personnel
Board Minutes Page 31
April 23,2002
or other persons who have been given written consent by BWL to carry a weapon on the
property.
All BWL employees are prohibited from carrying a weapon while in the course and scope of
performing their job for BWL, whether they are on BWL property at the time or not and whether
they are licensed to carry a concealed weapon or not. BWL employees may not carry a weapon
while performing any task on BWL's behalf. The only exception will be persons who have been
given written consent by BWL to carry a weapon while performing specific tasks on BWL's
behalf. This policy also prohibits weapons at any BWL sponsored function such as parties or
picnics.
Prohibited weapons include any form of weapon or explosive restricted under State or Federal
regulations. This includes all firearms, illegal knives, or other weapons covered by the law.
(Legal, chemical-dispensing devices such as pepper sprays that are sold commercially for
personal protection are not covered by this policy. Authorized work tools such as skinning
knives, hook knives, and other tools used in daily job assignments are not covered by this
policy.) The employee will be held responsible for making sure beforehand that an item they are
using or possessing is not prohibited by this policy.
BWL property covered by this policy includes, without limitations, all BWL-owned or leased
building and surrounding areas such as sidewalks, walkways, driveways, and parking lots under
the ownership or contract of BWL. Company vehicles are covered by this policy at all times
regardless of whether the vehicles are on BWL property at the time.
VIOLATIONS
Failure to abide by all terms and conditions of the policies described above is considered a non-
progressive violation and may result in discipline up to and including termination.
This policy shall not be construed to create any duty or obligation on the part of the Company to
take any actions beyond those required by this policy or existing law.
Any BWL employee who becomes aware of anyone in violation of this policy shall report it to
Management, Human Resources, or Security immediately.
There being no further business, the meeting adjourned at 5:20 p.m.
Respectfully submitted,
/s/Ron Callen, Acting Chair for
Human Resources Committee
Moved by Commissioner Royal, seconded by Commissioner Christian, that the Report of the
Human Resources Committee be approved as presented (Resolution #2002-4-1).
Action: Carried unanimously.
Page 32 Board Minutes
April 23,2002
Moved by Commissioner Royal, Seconded by Commissioner Christian on the approval of the
resolution to adopt the Policy on the Employment of Relatives (Resolution 2001-4-2).
Discussion: Commissioner Callen asked about the number of situations that involved employees
being supervised by relatives and if the experience was problematic.
Mary Dwyer, Manager of Human Resources, responded that BWL has not been tracking these
statistics, as they are not required to be kept by the Michigan Equal Employment Opportunity
Commission (EEOC). The only way this type of data could be obtained was to poll Managers
and Directors for anecdotal information they may have on situations where an employee
supervised a relative. From this poll, it became obvious that BWL employs many relatives. The
poll disclosed five situations that would be covered under the Employment of Relatives Policy
and numerous situations that are not covered under the policy. Ms. Dwyer stated that the reason
this policy was brought forward now was because it was felt by some employees that some
favoritism was occurring. Upon investigation, it was found that in the past there were family
relationships in similar situations that presented some problems.
Commissioner Royal asked how Human Resources intends to enforce the Policy on
Employment of Relatives if statistics on the number of employees who supervise relatives are
not required to be kept by EEOC. She inquired if a process was set up to address the
"exceptions" permitted in the "BWL Procedures on the Employment of Relatives." Ms. Dwyer
responded that employees are required to reveal if there is a supervisory relationship occurring.
If they fail to do so, and it comes to the attention of Human Resources at a later time, they would
be subject to the same employee work conduct and disciplinary process as any other employee.
Ms. Dwyer stated that exceptions would be permitted on an infrequent basis for reasons related
to exigent operational needs of the BWL, as defined in the Procedures on the Employment of
Relatives. A sign out situation will be implemented requiring the Process Director and Human
Resources Manager to agree on the exigent circumstance. Commissioner Royal suggested
including in the procedures how exigent circumstances would be monitored to discourage
favoritism.
Commissioner Callen requested a follow-up report one year from now on how well the new
policy is working and whether there is still concern with regard to favoritism to family members.
Action: Carried unanimously.
Moved by Commissioner Royal, seconded by Commissioner Wonch, on the approval of the
resolution to adopt the Policy on Corporate Diversity (Resolution #2002-4-3).
Discussion. Commissioner Marin observed that the information provided on the BWL's
workforce diversity and utilization of minorities and females was compared to the Tri-County
area. She requested additional information that shows a comparison of the BWL workforce
diversity with the City of Lansing population, since the majority of BWL customers are City of
Lansing residents. She noted that the City of Lansing provides diversity data within the City
population. General Manager Pandy agreed to provide the information requested within the next
week.
Action: Carried unanimously.
Board Minutes Page 33
April 23,2002
Moved by Commissioner Royal, seconded by Commissioner Christian, on the approval of the
resolution to adopt the Policy on Clarification to Prevention of Workplace Violence
(Resolution #2002-4-4). (See Procedure on Weapons in the Workplace.)
Discussion. Commissioner Wonch expressed concern that the word "carry" or "carrying"
weapons may be misinterpreted. She inquired if the policy applies to employees who park their
vehicles on BWL property and may have a hunting rifle in the trunk of their vehicle because they
plan to go hunting after work.
Security Administrator Jerry Mills responded that the policy does apply to all weapons stored in
or on vehicles on BWL property,which includes parking lots and buildings.
Moved by Commissioner Wonch, seconded by Commissioner Duncan, to adopt the resolution
with a friendly amendment to include a definition in the Weapons in the Workplace policy that
defines the word "carry" or "carrying" to mean on your person, transporting in or on your
vehicle or BWL vehicle, or in your possession on BWL property.
Action: Carried unanimously.
FINANCE COMMITTEE REPORT
(Resolution 2002-4-5)
The Finance Committee met on April 9, 2002 at 5:30 p.m. to discuss the following items:
1. BWL Gain Sharing Plan
2. Financial Accounting Standard (FAS) #71
3. Transfer of Bond Construction Funds
4. Future Financing Alternatives
5. Internal Auditor's Report on Ethics
Committee members present were Commissioners Callen, Christian and Duncan. Absent were
Commissioners Creamer and Wonch.
1. BWL GAIN SHARING PLAN
Revised Employee Gain Sharing Program: The Committee received an overview of the Share
the Success (STS) gain sharing plan. The STS program provided a supplemental compensation
plan to all employees, which did not increase employees' base pay. In 1999, the BWL changed
the plan to reflect a corporate bonus with ranges of 0-2.5% for all employees, and a process
bonus with ranges of 0-5% for non-bargaining unit employees, only. The performance measures
used to determine the bonuses were complicated and administratively burdensome. A brief
review was provided on the financial history of STS over a 14-year period and the parameters of
the proposed plan of 0-5% compensation based on Corporate measures only. The proposed
measures would be in four performance categories: 1) availability/reliability; 2) customer
satisfaction; 3) safety; and 4) financial performance. The financial measure would predominate.
Even if financial performance measures are not met, employees could receive $100 for each of
Page 34 Board Minutes
April 23,2002
the other three measures, if goals in those areas are fully met. The precise performance measures
will be developed with employee input.
Enhanced Benefit Package for Non-Bargaining Employees: The Committee reviewed a proposal
to increase non-bargaining unit employee benefits effective July 1, 2002. The intent of this
enhancement is to offset the elimination of their process-based STS bonus program. This would
create a benefit package for non-bargaining unit employees that will reach a cross-section of
non-bargaining unit employees, without giving one-time cash bonuses. Management reviewed
the entire benefit package and chose those benefits that would: 1) offer incentives to long-term
employees; 2) help develop a well-trained workforce; 3) encourage newer employees; and 4)
reinforce positive attendance records. Based on numbers of employees and historical data, the
total estimated maximum cost for fiscal year 2003 would be approximately$210,000.
Recommended Action
REVISED EMPLOYEE GAIN SHARING PROGRAM
(Resolution 2002-4-6)
The Board of Commissioners is responsible, by Charter, for conditions of employment for all
employees of the Board of Water and Light.
The Board of Water and Light's Share the Success (STS) Program has existed since 1987.
The program has benefited both BWL customers and employees by focusing attention on goals
that make the utility successful, and by sharing the rewards of that success among customers and
employees.
In recent years, the STS program has consisted of a corporate incentive for all BWL employees
and additional process-based incentives for certain other employees.
It is desirable to return to a gain sharing program that is consistent among all employees.
Management and IBEW Local 352 have agreed on the terms of a Memorandum of
Understanding dated February 11, 2002. Among other things, this Memorandum of
Understanding outlines the terms of a new gain sharing program.
RESOLVED, That the General Manager is hereby directed to create a new gain sharing program
that is consistent with the items included in the BWL's Memorandum of Understanding with
IBEW Local 352, dated February 11, 2002. The Gain Sharing Program shall take effect in fiscal
year 2002-03.
ENHANCED BENEFIT PACKAGE FOR
NON-BARGADQNG UNIT EMPLOYEES
(Resolution 2002-4-7)
The Board of Commissioners is responsible, by Charter, for conditions of employment for all
employees of the Board of Water and Light.
Board Minutes Page 35
April 23, 2002
The Human Resources Director, with the concurrence of the General Manager, has
recommended that the Board of Commissioners adopt an enhanced benefit package for its non-
bargaining employees.
The Board of Commissioners has been advised as to the necessity of such an enhancement, and
has had an opportunity to discuss its merits.
RESOLVED, That the Board of Commissioners shall adopt the following enhancements to
benefits for non-bargaining employees:
A. Paid retirement allowance increase from 50% to 60%
B. Tuition refund increase from 50% to 100%
C. An additional one-half percent ('/z%) increase to a defined contribution plan
D. A sick leave incentive program that consists of.
1. No sick days used=one (1) day of pay
2. One to two sick days used=one-half('/2) day of pay
RESOLVED FURTHER, That the General Manager is authorized to develop all procedures
necessary to implement these enhancements.
2. FINANCIAL ACCOUNTING STANDARD (FASB) # 71
Director of Metrics and Audits Kellie Willson presented an overview of FAS #71 and the
implications of discontinuing the application of FAS 471. Analysis indicates that BWL's
deferred revenue will more than offset its deferred expenses. The change will have no effect on
the BWL's cash position as it is purely a change in accounting method. Because this change was
not anticipated in the BWL's planning for the current fiscal year, the change will be implemented
effective with fiscal year 2002-03. The BWL's external auditors are in agreement with
discontinuing the application of FAS #71 effective next fiscal year.
Recommended Action
DISCONTINUE FAS #71 DEFERRALS EFFECTIVE JULY 1, 2002
(Resolution 2002-4-8)
RESOLVED, That the Board of Commissioners, as the regulatory body of the Board of Water
and Light, recognize the financial liability or asset created by the items listed below and elect to
defer the current recognition of these items during fiscal year 2001-2002.
• Compensated Absences — The Board recognized a liability of $9,121,307 at June 30,
2001. The June 30, 2002 liability is estimated at $9.5 million. The expense for paid time
off is expensed as paid to each employee during the year.
• Michigan Public Power Agency (MPPA) Fuel Arbitration Settlement — The Board
recognized an asset of $14,851,354 at June 30, 2001. The June 30, 2002 asset is
estimated at $16.0 million. These funds are held in trust at MPPA and will be used to
reduce future purchased power expense.
Page 36 Board Minutes
April 23,2002
• Workers Compensation — The Board recognized a liability of $1,307,475 at June 30,
2001. The June 30, 2002 liability is estimated at $1.4 million. Workers compensation
costs are expensed as paid. This is an actuarial estimate each year of total liability for
outstanding cases.
RESOLVED FURTHER, That the Board of Commissioners direct the staff to discontinue any
FAS #71 deferrals beginning July 1, 2002 for fiscal year 2002-03, and thereafter.
3. TRANSFER OF BOND CONSTRUCTION FUNDS
General Manager Pandy reported that some of the 1999A bond proceeds ($8.3 million) reserved
for transmission and distribution work will not be used as planned. The construction fund has a
balance as a result of the planned Meridian Substation, which was to be sited at the proposed
Governor's Club project. The township's legal issues related to this project have delayed the
construction of the substation. Therefore, staff proposes that the bond construction monies
associated with the Meridian Township Substation be utilized in Delta Township for a new
substation to serve the General Motors Mid-Michigan plant. The committee asked about
alternatives on the best use of the bond proceeds—for example either paying off some of the
current bond debt service or using the money for the NOx (Nitrous Oxide) bond issue planned by
this fall. Staff reported that paying off current bonds is not economical at this time and bond
counsel advises that bond proceeds not be used for a totally unrelated project; funds should only
be used for a similar project.
Recommended Action
AUTHORIZATION TO TRANSFER BOND CONSTRUCTION FUNDS
(Resolution 2002-4-9)
RESOLVED, That the Chief Financial Officer close the 1999A Construction (bond proceeds)
Fund (131-10) and transfer the balance ($9,272,464) to the O&M cash fund (131-6).
4. FUTURE FINANCING ALTERNATIVES
The committee reviewed a memo written by Chief Financial Officer Tousley, which described
the structure of the upcoming revenue bond issue to be issued by this fall for NOx compliance.
Four alternatives calculated by the BWL's financial advisors outlined the term, annual debt
service and total cost. Staff suggests the Wraparound Schedule I, for level debt service of
$11,015,000 through 2015. This represents the lowest total cost to the BWL for all debt of the
four alternatives. This information was provided for review and input at this time. Staff plans to
bring forth its recommendation for Board consideration this summer.
5. INTERNAL AUDITOR'S REPORT ON ETHICS
The Director of Metrics and Audits briefed the Board on plans for ongoing employee training on
ethics. The Board concurred with the content for the training plans and directed management to
proceed and to come to some resolution about whether soliciting items or funds from vendors for
charity is prohibited or not.
Board Minutes Page 37
April 23,2002
6. INFORMATIONAL ITEMS
The committee received written reports on the following items for future discussion.
• Water Construction Alternatives (Customer Choice). This item was referred to the full
Board for discussion and any action that maybe deemed appropriate.
• FY 2003 Budget Parameters. General Manager Pandy invited Commissioner input as
staff prepares to finalize the operating budget for presentation to the Finance Committee
in May.
0 Water Cost of Service. A preliminary draft of the Water Cost of Service Study indicates
the Water Utility did not generate enough revenue to cover cash expenditures during FY
2001. This report will guide staff with future ratemaking recommendations. An
executive summary of R. W. Beck's 2002 Water Cost of Service Study will be provided
to the Commissioners.
Other written reports received included (1) the Internal Auditor's quarterly report, dated March
1, 2002, (2) status report on insurance coverage, and (3) management's response and action plan
associated with the report from R. W. Beck on their Performance Audits of BWL's Growth and
Expansion Processes and Associated Performance Measurement.
General Manager Pandy reported on a late-breaking matter concerning (1) negotiations with a
prospective developer for the Ottawa Power Station and (2) the Clean Michigan Initiative
Waterfront Redevelopment Grant of$3,941,600 set to expire on May 8, 2002. The Board will
be kept advised as more details unfold.
There being no further business, the meeting adjourned at 6:35 p.m.
Respectfully submitted,
Nancy W. Duncan, Chair
Finance Committee
Moved by Commissioner Duncan, seconded by Commissioner Christian, that the Report of the
Finance Committee be approved as presented (Resolution 2002-4-5).
Action: Carried unanimously.
Moved by Commissioner Duncan, seconded by Commissioner Royal, on the approval of the
resolution to adopt the Revised Employee Gain Sharing Program (Resolution #2002-4-6).
Action: Carried unanimously.
Moved by Commissioner Duncan, seconded by Commissioner Christian, on the approval of the
resolution to adopt the Enhanced Benefit Package for Non-Bargaining Unit Employees
(Resolution #2002-4-7).
Action: Carried unanimously.
Page 38 Board Minutes
April 23,2002
Moved by Commissioner Duncan, seconded by Commissioner Christian, on the approval of the
resolution to Discontinue FAS #71 Deferrals Effective July 1, 2002 (Resolution #2002-4-8).
Action: Carved unanimously.
Moved by Commissioner Duncan, seconded by Commissioner Christian, on the approval of the
resolution to Transfer Bond Construction Funds (Resolution #2002-4-9).
Action: Carried unanimously.
Business Plan. Chairman Callen called attention to the proposed Business Plan that was
included with the Board meeting packet. The Business Plan was briefly reviewed at the Board
retreat (March 15-16, 2002). To allow more time for thorough review and discussion, he
suggested referring the Business Plan to the Committee of the Whole. The goal is to connect the
Business Plan with the Electric Strategic Plan that was reviewed with the Commissioners on
February 26, 2002. There was no objection to the referral.
GENERAL MANAGER'S RECOMMENDATIONS
Background materials on items presented are on file in the Office of the Corporate Secretary.
Resolution #2002-4-10
IMPLEMENTATION OF A SURGE PROTECTION PROGRAM
WHEREAS, a new Surge Protection product has been investigated and submitted for the Board
of Commissioners approval, as required by the New Venture Policy 19-14 (Resolution 2000-3-
4); and,
WHEREAS, the Board of Water and Light (BWL) desires to market a Surge Protection Program
to its customers and the first year Capital and O&M expenditures are estimated at $66,411.
NOW THEREFORE, BE IT RESOLVED, That the Board of Commissioners adopt the proposed
Surge Protection product implementation as based on the business case presented.
Remarks: The proposed Surge Protection Program was reviewed with the Commissioners at the
Committee of the Whole meeting on February 26, 2002. The program meets the required rate of
return target under anticipated conditions. BWL financial risk will be mitigated by purchasing
equipment on a"just in time"basis.
Moved by Commissioner Creamer, seconded by Commissioner Duncan, that the resolution be
approved.
Action: Carried unanimously.
Board Minutes Page 39
April 23,2002
Resolution #2002-4-11
DISCHARGE AND VACATION OF EASEMENT AT 217 TOWNSEND STREET
WHEREAS, the Young Women's Christian Association, executed a certain easement conveying
and warranting to the Board of Water and Light forever, such rights as recorded in Liber 1582 of
Miscellaneous Records, Page 135, in the Register of Deeds, Ingham County, Michigan,
September 17, 1986; and,
WHEREAS, the Boji Group, Limited Liability Company (L.L.C.), owner of Lots 7, 8, and 9 of
Block 116, Original Plat, City of Lansing, Ingham County, Michigan has requested the release of
said easement, more specifically described as follows:
Easement Description: The land on which said right is granted is described as
follows: The South 6 feet and the East 8.33 feet of the North 49.5 feet of the West
'/2 of Lot 8, the South 4.5 feet of the West 82.83 feet of the East 90.83 feet and the
East 8.0 feet of the South 43 feet of Lot 9.
WHEREAS, this easement as described above is not needed for the operations of the Board of
Water and Light.
NOW THEREFORE, BE IT RESOLVED, That the Board of Commissioners of the Board of
Water and Light release, discharge and vacate said easement on the above described property
and that the General Manager and Corporate Secretary be authorized to execute the release of
easement, subject to the approval of the Lansing City Council in accordance with the Lansing
City Charter. Further that the Corporate Secretary be directed to record the release of easement
with the Ingham County Register of Deeds.
Remarks: The Boji Group, L.L.C., requests that the Board of Water and Light vacate this
easement to facilitate a proposed new office building and parking deck project. The easement
was for electric, water and steam facilities serving the YWCA building at 217 Townsend Street.
(Board action on this resolution follows the next resolution.)
Resolution #2002-4-12
DISCHARGE AND VACATION OF EASEMENT AT 232 S. CAPITOL AVENUE
WHEREAS, the Accident Fund of Michigan, Membership Organization/Mutual, executed a
certain easement conveying and warranting to the Board of Water and Light forever, such rights
as recorded in Liber 1587 of Miscellaneous Records, Page 349, in the Register of Deeds, Ingham
County, Michigan, October 9, 1986; and,
WHEREAS, the Boji Group, Limited Liability Company (L.L.C.), owner of Lots 7, 8, and 9 of
Block 116, Original Plat, City of Lansing, Ingham County, Michigan has requested the release of
said easement, more specifically described as follows:
Easement Description: The land on which said right is granted is described as
follows: The West 5 feet of Lot 4 and the North 5 feet of the South 16.5 feet of
the East 22.3 feet of the West 1/2 of Lot 8.
Page 40 Board Minutes
April 23,2002
WHEREAS, this easement as described above is not needed for the operation of the Board of
Water and Light.
NOW THEREFORE, BE IT RESOLVED, That the Board of Commissioners of the Board of
Water and Light release, discharge and vacate said easement on the above described property
and that the General Manager and Corporate Secretary be authorized to execute the release of
easement, subject to the approval of the Lansing City Council in accordance with the Lansing
City Charter. Further that the Corporate Secretary be directed to record the release of easement
with the Ingham County Register of Deeds.
Remarks: The Boji Group, L.L.C., requests that the Board of Water and Light vacate this
easement to facilitate a proposed new office building and parking deck project. The easement
was for electric, water and steam facilities serving the Accident Fund of Michigan at 232 S.
Capitol Avenue.
Moved by Commissioner Creamer, seconded by Commissioner Royal, that the two resolutions
to discharge and vacate the easements at 217 Townsend Street and 232 S. Capitol Avenue be
approved.
Discussion: Commissioner Wonch asked if the two easements being discharged had any value
and if consideration was being paid by the developer to have the two easements vacated.
General Manager Pandy responded that it has not been the BWL's practice to sell easements that
are released for simple jobs serving one building. The BWL is generally given an easement
without consideration, thus payment is not required when the easement is released.
Moved by Commissioner Wonch to table the two resolutions until the BWL has an opportunity
to evaluate its practice of acquiring and releasing easements.
Following discussion, Commissioner Wonch withdrew the motion to table the two resolutions.
The Commissioners concurred that delaying the two resolutions at this stage would burden the
developer, since the project has been in the planning stages for some time. Meanwhile, staff was
instructed to survey surrounding municipalities to assess their practice in acquiring and
discharging easements that involve residential customers and developers. The report should
include information on amounts paid and the rational used in determining the sum paid by BWL
for easements over and above the customary one-dollar consideration.
Action: The motion to adopt Resolutions # 2002-4-11 and 2202-4-12 was approved by the
following vote:
Yeas: Commissioners Callen, Christian, Creamer, Duncan, Haggart, Marin, and Royal—7
Nays: Commissioner Wonch -1
Board Minutes Page 41
April 23, 2002
Resolution #2002-4-13
BWL PARTICIPATION IN INITIAL STUDY PHASE OF THE MPPA TRANSMISSION
PROJECT
WHEREAS, the Board of Water and Light of the City of Lansing, Michigan, has the ongoing
responsibility and obligation to make its best efforts to assure and secure a reliable and
competitively priced wholesale supply of electricity for its utility and for the convenience and
benefit of its customers; and
WHEREAS, the Board of Water and Light of the City of Lansing, Michigan, relies on purchases
of electric capacity and energy for a portion of its electric supply and for the delivery of that
supply utilizing the extra-high voltage electric transmission system in the region; and
WHEREAS, that certain traditional, vertically integrated private electric utilities either have or
are in the process of divesting various components of the business, including their transmission
systems; and
WHEREAS, the Federal Energy Regulatory Commission through its Orders 888 and Order 2000
have encouraged transmission owners to join in independent Regional Transmission
Organizations; and
WHEREAS, transmission owners have historically acquired and maintained certain superior
operational rights, economic benefits and priority access for themselves and their customers as
compared to transmission dependent utilities and these benefits are expected to continue, at least
to some degree, in the future; and
WHEREAS, Consumers Energy Company has transferred its transmission system to Michigan
Electric Transmission Company (METC), its wholly owned subsidiary, and METC has, in turn,
negotiated a sale of that transmission system to Trans-Elect; and
WHEREAS, as a part of the Branch County Circuit Court Case settlement and upon its purchase,
Trans-Elect has agreed to sell 60 megawatts of the transmission system assets with a 45 MW
share going to Michigan Public Power Agency and a 15 MW share going to Michigan South
Central Power Agency (15 MW) and such purchase will not be tied to any specific generating
resource and/or purchase; and
WHEREAS, Michigan Public Power Agency at its February 13, 2002 Board of Commissioners
Meeting established the Transmission Project Committee that will, among other things,
determine price, evaluate the economics, develop the purchase documents, negotiate the
ownership and operating agreements, determine members' entitlements, and purchase and own
any amounts of transmission acquired by MPPA for the Transmission Project; and
WHEREAS, it is in the Board of Water and Light of the City of Lansing's interest to participate
in and explore transmission ownership opportunities, such as MPPA Transmission Project, as a
part of its business efforts to examine options leading to reliable and competitively priced
electricity for its utility and customers.
Page 42 Board Minutes
April 23,2002
NOW, THEREFORE BE IT RESOLVED, That the Board of Water and Light of the City of
Lansing will participate in the initial study phase of the MPPA Transmission Project for the
purposes of determining the economics and benefits of the Board of Water and Light obtaining a
share of the capacity in the MPPA Transmission Project, and to determine the amount of
capacity the Board of Water and Light may obtain in the MPPA Transmission Project. If the
Board of Water and Light's participation in the project is determined to be prudent, the Board of
Water and Light will consider authorizing such further participation and obligation under
separate resolution.
The Michigan Public Power Agency (MPPA) currently has the opportunity to obtain
transmission ownership rights in the transmission system currently owned by Consumers Energy.
The BWL, being active in the wholesale energy market, could benefit from the obtaining of such
rights. To evaluate the associated benefits, the BWL must join the newly created MPPA
Transmission Project. This Project will, among other things, explore transmission ownership
opportunities and associated benefits to the Project participants. Costs should be limited to
MPPA staff costs associated with the evaluation. If further participation is determined to be
prudent, the BWL will authorize under a separate resolution.
Moved by Commissioner Wonch, seconded by Commissioner Royal, that the resolution be
approved.
Action: Carried unanimously.
Resolution #2002-4-14
PROFESSIONAL SERVICES AGREEMENT
RESOLVED, That the existing Professional Services agreements with R. W. Beck, Inc.; Black &
Veatch Corporation; Blasland, Bouck & Lee, Inc.; Camp Dresser & McKee; Clayton Group
Services; Commonwealth Associates, Inc.; Fishbeck, Thompson, Carr & Huber, Inc.; Jones &
Henry Engineers, Ltd.; Novak Engineering, Inc.; SFT, Inc.; Sargent & Lundy, LLC; Snell
Environmental Group, Inc. (now renamed DLZ Michigan Inc.); Soil &Materials Engineers, Inc.;
and, Stanley Consultants, Inc. to supply engineering and consulting services, be extended one
year, until May 24, 2003.
FURTHER RESOLVED, That the BWL enter into agreements to supply engineering and
consulting services with both Capital Consultants and Tetra Tech MPS until May 24, 2003.
Remarks: Extending the existing agreements was an option in the original request for proposals
for Continuing Professional Services. This recommendation is based on current work in progress
and their satisfactory performance on work completed. These Professional Service Agreements
will be re-bid prior to the expiration of this recommended extension.
The recommendation to enter into additional agreements with Capital Consultants and Tetra
Tech MPS is based on both companies currently working on projects for the City of Lansing on
which the BWL has mutual concern, and their satisfactory performance on BWL work
completed in the past and in progress.
Board Minutes Page 43
April 23,2002
Moved by Commissioner Royal, seconded by Commissioner Creamer, that the resolution be
approved.
Action: Carried unanimously.
[Chairman Callen left the meeting at 6:55 p.m. due to an urgent obligation. He turned the gavel
over to Vice Chair Royal.]
Resolution #2002-4-1 S
CONSULTANT FOR WESTERN COAL CONVERSION AT ERICKSON STATION
RESOLVED, That the BWL enter into an agreement with Sargent & Lundy, LLC (S & L) to
provide engineering support services for the Western Coal Conversion project at the Erickson
Station. The services are required to assist BWL engineering staff in meeting both the project
technical and schedule requirements. S &L will be required to agree to a not-to-exceed price for
various support tasks based on specific work scope; and be reimbursed on a time & material
basis under the terms and conditions of our existing Continuing Professional Services
Agreement. The total value of the anticipated support tasks will exceed the $15,000 limit
required for Board approval.
Remarks: In addition to S & L, the Project Engineering Department investigated the western coal
conversion experience of Black & Veatch, Burns & McDonnell, and Stanley Consultants and
found that S & L has significantly more corporate and available personnel experience. S & L
also completed the original BWL Western Coal Conversion Study in 1997 and the Phase I and H
NOx Compliance Study in 2001. The knowledge and familiarity with the Erickson Station
gained by S & L during the completion of those studies will benefit the BWL by utilizing them
in support of this project.
Moved by Commissioner Christian, seconded by Commissioner Marin, that the resolution be
approved.
Action: Carried unanimously.
Resolution #2002-4-16
SETTING PUBLIC HEARING
WHEREAS, certain beneficial electric projections/developments require extensive infrastructure
investment by the BWL but do not meet the BWL's financial requirements based on current
rates; and
WHEREAS, such projects/developments have the long term potential to benefit the BWL's
entire rate base; and
WHEREAS, the BWL desires to invest in the infrastructure necessary to serve those projects and
have a mechanism to recover these costs directly from the customers who benefit.
Page 44 Board Minutes
April 23,2002
NOW THEREFORE, BE IT RESOLVED, That the Board amend its rates to implement an
Electric Infrastructure Recovery Rider.
FURTHER RESOLVED, That a public hearing to solicit public input on this matter be set for
Tuesday, July 23, 2002 at 5:30 p.m., in the Board of Water and Light offices at 1232 Haco Drive.
Also that the Corporate Secretary be directed to file with the City Clerk information regarding
pending changes in the rate structures on or before April 26, 2002.
Remarks: The proposed infrastructure recovery charge rider is pursuant to Board Resolution
2002-1-8 regarding the Electric Service Agreement with Michael G. Eyde and Eastwood LLC.
Staff Comments: This resolution is being submitted in accordance with Board Policy regarding
changes to the Capital Budget.
As a result of the recent review of BWL capital projects at the Finance Committee meeting on
January 17th, staff has provided FY2002 Capital Budget modifications and a brief description of
the basis for change. The overall impact on the FY2002 Capital Budget as a result of the
changes listed is an overall reduction of$3,595,000.
Moved by Commissioner Wonch, seconded by Commissioner Duncan, that the resolution be
approved.
Action: Carried unanimously.
UNFINISHED BUSINESS
Discussion on Water Customer Choice. Vice Chair Royal stated that in May 2000, the Board
passed a policy on Customer Choice for Water Service and Main Installations. The General
Manager has stated that the BWL intends to follow this policy unless the Board advises
otherwise. Discussion followed as to whether to extend the Water Customer Choice Program to
new developments in the City of Lansing.
General Manager Pandy gave an overview of the Water Customer Choice Program and
responded to issues raised about quality, union, and contractors. He stated that the Customer
Choice Program has been in effect in suburban areas for over one year. It provides developers
and customers the option of installing their own water infrastructure on private property rather
than requiring BWL employees to perform the work. These installations must be done per BWL
specifications and inspected by BWL-supervised inspectors. This policy aligns with practices
followed by other water utilities. Mr. Pandy reviewed a comparison of Customer Choice vs.
BWL required construction as is currently in place in the City of Lansing and compared the
responsibilities for cost overruns, site restoration, installation requirements and workmanship.
Mr. Pandy reported that management intends to address issues raised on quality and inspections
to be performed by BWL employees and retirees rather than by independent contractors. He
reviewed the Contractor Permit Application, which shows how contractors are qualified. He has
met with the Laborer's Council and has invited them to submit names of contractors for potential
qualification.
Board Minutes Page 45
April 23,2002
After lengthy debate on this matter, the following motion was made:
Moved by Commissioner Wonch, second by Commissioner Haggart, to refer the issue of
whether to extend the Water Customer Choice Program to new developments inside the City of
Lansing to the Committee of the Whole for review and recommendation by the next regular
meeting on May 28, 2002.
Action: Carried unanimously.
NEW BUSINESS
None
RESOLUTIONS
RESOLUTION HONORING CHARLES M. CREAMER
WHEREAS, It is with great honor to join with the South Lansing Business Association and the
family and friends of Charlie Creamer upon his selection as the 2002 South Lansing Business
Association Business Person of the Year; and
WHEREAS, Charlie Creamer is President and Managing Member of the Midwest Transaction
Group, an electronic payments processing company he started 18 months ago. During this
period, the Midwest Transaction Group attracted over one thousand clients and processed over
$100 million in credit, debit, and other electronic transactions; and
WHEREAS, It is because of the effort Charlie Creamer has put forth as a dedicated professional
that we offer our congratulations on the success of his new venture. He has ably handled the
startup of his business and has earned the respect in this community; and
WHEREAS, In addition to his many responsibilities, Charlie Creamer has contributed to this
community through his devotion to his family and past service as a Lansing City
Councilmember, a Lansing Community College Trustee and currently as a Commissioner of the
Lansing Board of Water and Light.
NOW, THEREFORE, BE IT RESOLVED, That the Commissioners of the Lansing Board of
Water and Light honor Charlie Creamer on this 23id day of April, 2002, for being recognized as
the 2002 South Lansing Business Association Business Person of the Year. We wish his
continued success with his progressive business.
Moved by Commissioner Christian, seconded by Commissioner Royal, that the resolution of
tribute be approved as presented.
Action: Carried unanimously
Page 46 Board Minutes
April 23,2002
GENERAL MANAGER'S REMARKS
Peak Demands Set: General Manager Pandy reported that hot weather has driven demand for
electricity to record levels for the month of April on the BWL's electric system. The record was
set Thursday, April 18 when demand on the BWL system hit 429 megawatts (MW). It replaced
the previous record for April of 376 MW set last year. BWL electric loads were up about 15
percent, indicating not only the hot weather, but also a strong economy in Lansing. Water
peaked at 34 MGD (million gallons per day) on April 17; a normal load would be about 24
MGD. This brings the water peak load up about 40 percent.
Commissioner and City Council Pairings. At the March 15-16 Board Planning Retreat, the
Commissioners spoke about pairing with City Councilmembers for communication purposes. A
draft pairing list was handed out for review and consideration.
APPA National Conference. General Manager Pandy reported that he is a member of the
American Public Power Association (APPA) Task Force on "Public Power in the 215t Century."
The report will be presented at the National APPA Conference in Dallas this June. Six examples
of excellence at the Board of Water and Light submitted include: (1) Superior Customer
Service, (2) Value through Wholesale Power Arrangements, (3) Distribution System Efficiency
that reports on the BWL's reliability, which is among the best in the country, (4) Environmental
Stewardship, which reports BWL activities to protect the environment, (5) Excellence of BWL
Human Resources through our employees and diversity in the workforce, and (6) Investing in
Technology in the Future, such as the Central Utilities Complex (CUC) partnership with General
Motors. Mr. Pandy reported that he will be a speaker at the APPA National Conference on
Human Resource issues. The Commissioners were urged to attend the national conference to be
held in Dallas, Texas.
Traffic Signal Emergency Maintenance. The Ingham County Commission has hired the BWL
to do their traffic signal emergency maintenance on sixty intersections throughout Ingham
County. The BWL will not be responsible for their daily work, but will handle outages at
intersections at a time, material and margins reimbursement arrangement.
Special Meeting RE: Pending Real Estate Transaction. General Manger Pandy reported that
a real estate matter might require the Board to call a special meeting within the next week. As
more details are known about this possible real estate transaction, it will be forwarded to the
Commissioners.
Ottawa Power Station Update: General Manager Pandy reported that he received an extensive
report from a prospective developer for the Ottawa Power Station redevelopment project. The
package contains a due diligence report, site plan, market feasibility study and preliminary cost
estimate. The developer has met with the Mayor and his staff to discuss the proposal. The
developer has stressed that significant public involvement and investment will be required to
make this project a reality. The proposal outlines the type of commitment that will be required
from the City to take this project from concept to reality.
Commissioner Royal asked about the status of the Clean Michigan Initiative Waterfront
Redevelopment Grant money that is in reserve by the State of Michigan. Mr. Pandy reported
Board Minutes Page 47
April 23,2002
that the sooner the Board acts on the Ottawa development project, the better the chance of
securing the grant. At this time, May 8, 2002 is the designated drop-dead date for qualifying for
the funds.
COMMISSIONERS' REMARKS
Commissioner Wonch congratulated General Manager Pandy and the staff for the efforts in
streamlining the Board meeting packet. She found the materials to be more readable and
understandable.
EXCUSED ABSENCE
None.
PUBLIC COMMENTS
THE VICE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME
TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT.
Councilmember Carol Wood commented that she did not want to belabor the points that were
made this evening. She stated that when the Board approved the Customer Choice Program in
2000, Lansing's Plumbing Code required work inside the City to be performed by BWL
employees; consequently, Customer Choice was available only in suburban areas. The plumbing
code was amended by the Lansing City Council to conform with state law, thus the provision
applying to BWL forces was eliminated. She noted that the City Council did not choose to
eliminate that provision.
David Nicklesen, Developer/Owner of Nicklesen Properties, East Lansing, commended General
Manager Pandy for recognizing that some guidelines and procedures relative to Customer Choice
issues need to be improved. He referred to the charges listed in his letter (handed out earlier in
the meeting). He stated that the charges are not in line with what is competitively available in
the local area. He said that the charges are a burden on companies that would like to relocate
within the City of Lansing and that fees for engineering/administration and connections are
excessive. He noted that he might never use the eight-inch fire protection line to be installed;
therefore, the rationale of charging a tap fee for a load that is not definite does not make sense to
him.
Robin Smith, 3501 Ronald, Lansing, stated that the Board's decision to defer the issue on Water
Customer Choice inside the City of Lansing could impact construction costs at the Pentecostal
Outreach Church, since the work is being done by a BWL-approved contractor.
Page 48 Board Minutes
April 23,2002
ADJOURNMENT
On motion by Commissioner Duncan, seconded by Commissioner Christian, the meeting
adjourned at 7:45 p.m.
/s/Mary E. Sova, Secretary
Filed with Lansing City Clerk
May 3, 2002
I
Preliminary Minutes—Subject to Board Approval
MINUTES OF THE BOARD OF COMMISSIONERS' MEETING
LANSING BOARD OF WATER AND LIGHT
Tuesday, January 22, 2002
The Board of Commissioners met in regular session at 5:30 p.m. in the Boardroom of the
Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Chairman Ronald Callen called
the meeting to order.
Present: Commissioners Ronald C. Callen, Charles M. Creamer, Nancy W. Duncan,
Tim Haggart, Connie Marin, and Diane R. Royal - 6.
Absent: Commissioners Ernest J. Christian and Nancy A. Wonch—2.
The Secretary declared a quorum present.
All said the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion made by Commissioner Royal, seconded by Commissioner Haggart, to approve the
minutes of special session held November 27, 2001.
Carried unanimously.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT
NOW, OR AT THE END OF THE MEETING.
BWL Employee Richard Taylor of System Integrity & Customer Projects stated that he has been
charged under Rule 30 of the BWL's Rules of Conduct. He requested a hearing with the Board
rather than going through internal BWL procedures because it is his opinion he did not receive a
fair hearing with management. He reported that he made a request to have his appeal added to
the Board meeting agenda, but it was denied. Mr. Taylor said that he prepared a summary of
events that have taken place since 1996 and sent them to Commissioners Royal, Christian and
Haggart for review. Mr. Taylor stated that he would appreciate receiving a response from the
Commissioners in the near future with respect to his request to appeal his discipline before the
Board.
Page 2 Board Minutes
January 22,2002
Customer Attitude Survey Presentation. Andrew Morrison, President of Market Strategies,
Inc. (MSI), presented the results of the Fall Customer Attitude Survey. He reported that the
BWL has been conducting a semi-annual residential customer satisfaction and performance
survey for several years. This survey assesses the relationship between the BWL and its
residential customers, and the BWL market position in the changing energy utility marketplace.
The methodology and summary of key findings were reviewed. Mr. Morrison noted that survey
results were very positive in which the BWL recorded higher than average scores on all
questions included in MSI's benchmarking database. He reviewed the perspectives on the
energy utility industry in 2001 and BWL events and activities over the past year. In summary,
the findings indicate the following:
• The BWL continues to have a strong overall relationship with its customers.
• Overall favorability has increased to 84% and overall electric and water satisfaction
remain stable at high positive levels.
• Perceptions of the value of electricity have generally remained stable, but perceptions of
the value of water have significantly improved since May 2001.
• Perceptions of the BWL's ability to restore power after an outage have improved
significantly, from 78% in May 2001 to 90%.
• The largest decline among the items measured was "educating children about electric
safety." This may correspond to a decrease in advertising of Louie the Lightning Bug in
the school safety program.
• Readership of the Connections newsletter also significantly declined from 66% to 60%
between May 2001 and November 2001.
• Connections readers and those aware of the BWL's involvement in three community
projects tend to give significantly higher scores on brand attributes than non-newsletter
readers or customers unaware of the utility's involvement in the community projects.
General Manager Pandy congratulated all the employees who achieved these positive results. He
noted that the level of service provided by front-line employees makes a significant impact on
customer satisfaction scores. There are over sixty large utilities represented in the Market
Strategies benchmark comparisons. BWL employees can be proud of BWL's ranking among the
sixty utilities, with four first-place scores, five second-place scores, and one third-place score in
thirteen benchmark comparisons.
COMMUNICATIONS
There were no communications.
Board Minutes Page 3
January 22,2002
COMMITTEE OF THE WHOLE REPORT
The Committee of the Whole met on January 8, 2002 to receive the R. W. Beck draft report
results on the performance audit of the Board of Water and Light's (BWL) Growth and
Expansion Processes and Associated Performance Measurement.
Chair Pro Tern Creamer called the meeting to order at 5:30 p.m. Present were Commissioners
Callen, Creamer, Christian, Duncan, Marin, Royal and Wonch. Absent was Commissioner
Haggart.
In June 2001, the Board authorized hiring R. W. Beck to perform an objective and systematic
examination of the BWL's growth and expansion processes and associated performance
measurement methods. The Board met with R. W. Beck in Special Session on October 8, 2001
to kick off the project and clarify assignment expectations. The consultants agreed to present a
draft report for review with the Commissioners in January 2002 for feedback in a working
session.
The Commissioners received a copy of R. W. Beck's comprehensive draft report, dated
December 2001, titled "Performance Audit of the Board of Water and Light Growth and
Expansion Processes, Capital Improvement Program and Associated Performance
Measurement," for review prior to the meeting. Lynn Coles and Terry Myers of R. W. Beck
were present to review the project scope and approach and their findings and recommendations.
The study covered the following phases:
-- --Phase-l-- -Audit of existing growth-and-expansion-program: —The-review-covers the internal-- — -- - -
BWL investigation that identified deficiencies and recommended corrective actions
as well as existing water supply contracts between BWL and the various nearby
townships.
Phase 2 Performance measurement methods: A review of cost tracking methods used by
BWL and the adequacy of the accounting systems to ensure project tracking is
adequate and decision-making information is available for pricing of products and
services.
Phase 3 Customer profitability: This review was not conducted at this tune because data by
geographic basis was not available.
Phase 4 Rate and fee process: A review of rate and fee processes and practices. This
involved identifying and implementing rate changes and practices and the analysis
of existing rates to identify adequacy and to determine if cross subsidization is
occurring between utilities.
Following the briefing and discussion, the Commissioners requested that the draft report be
submitted in final form to the Committee of the Whole at their next meeting for referral to the
Finance Committee. Management is being requested to respond to the report at a future Finance
Committee meeting.
Page 4 Board Minutes
January 22,2002
There being no further business, the meeting of the Committee of the Whole adjourned at 8:15
p.m.
Respectfully submitted,
/s/Charles Creamer, Chair Pro Tern
Committee of the Whole
Moved by Commissioner Creamer, seconded by Commissioner Duncan, that the Report of the
Committee of the Whole be approved as presented.
Action: Carried unanimously.
HUMAN RESOURCES COMMITTEE REPORT
The Human Resources Committee met on December 17, 2001 and January 14, 2002 to discuss
the fiscal year 2002 goals and performance objectives for the General Manager.
Committee members Royal, Callen, Haggart, and Marin attended both meetings. Commissioners
Creamer and Wonch attended the December 17`h meeting.
The Human Resources Committee developed a working draft of evaluation targets for use in
reviewing the performance of the General Manager and assessing the results at the end of the
fiscal year. The Committee discussed the process and sources of information to be used in
assessing the_GeneraLManager's performance. A first draft of a performance planning-and
appraisal form was reviewed and was the basis in developing and defining objectives for a
second draft of the Performance Planning and Appraisal for the General Manager—Fiscal Year
2001-02. The proposed goals and performance objectives include key financial and non-
financial targets.
The Committee met with the General Manager on January 14, 2002 for feedback and input on
the proposed FY 2002 goals and objectives as filed with Human Resources. The Committee
suggests that the Commissioners' rating should be balanced by other key information such as
ratings from customers and employee satisfaction surveys. The survey questionnaire should
combine open-ended questions with those that use a rating scale. Open-ended questions allow
people the flexibility to consider factors that fixed scales and targets may overlook.
RESOLVED BY THE HUMAN RESOURCES COMMITTEE:
1. That the goals and objectives appended with the official minutes titled:
"Performance Planning and Appraisal for the General Manager—Fiscal Year 2001-
02"be approved.
2. That an outside consultant be retained to review the fiscal year 2002
performance goals and objectives for the General Manager, to ensure they are
realistic and challenging, and that they are being carried out.
Board Minutes Page 5
January 22,2002
3. That feedback sources for the performance evaluation for the end of the fiscal
year come from managers, directors, customers, employee survey results and the
management consultant.
Respectfully submitted,
/s/Diane R. Royal, Chair
Human Resources Committee
Moved by Commissioner Royal, seconded by Commissioner Marin, that the Report of the
Human Resources Committee be received as presented.
Action: Carried unanimously.
Discussion: Commissioner Creamer stated that he does not object approving the FY 2002
Performance Plamung and Appraisal form for the General Manager, but he suggested a couple of
friendly amendments to the resolution of the Human Resources Committee. He proposed
inserting "pending review by the outside consultant" at the end of item number 1 to make sure
the goals and objectives are fair. He also proposed inserting the words "assisting the Board in
determining" near the end of item number 2 to clarify that the outside consultant is to assist the
Board in making that ultimate determination as to whether or not the goals and objectives are
being carried out.
Moved by Commissioner Creamer, Seconded by Commissioner Haggart to approve the
following resolution of the Huffman Resources Committee, as amended:
RESOLVED BY THE HUMAN RESOURCES COMMITTEE:
(amended language in capital letters)
1. That the goals and objectives appended with the official minutes titled:
"Performance Planning and Appraisal for the General Manager—Fiscal Year 2001-
02"be approved, PENDING REVIEW BY THE OUTSIDE CONSULTANT.
2. That an outside consultant be retained to review the fiscal year 2002
performance goals and objectives for the General Manager, to ensure they are
realistic and challenging, and TO ASSIST THE BOARD IN DETERMINING that
they are being carried out.
3. That feedback sources for the performance evaluation for the end of fiscal year
2002 come from managers, directors, customers, employee survey results and the
management consultant.
Action: Carried unanimously.
Page 6 Board Minutes
January 22,2002
FINANCE COMMITTEE REPORT
(Detailed Reports are Filed in the Corporate Secretary's Office)
Finance Conunittee Chair Nancy Duncan called the Finance Conunittee meeting to order at 5:30
p.m. Present were Commissioners Callen, Creamer, Christian, Duncan, and Wonch.
The Finance Committee met on January 17, 2002 to receive staff presentations on the following
topics:
Fiscal Year 2002 Budget. Chief Financial Officer Dana Tousley presented an update of the FY
2002 O&M Budget for the period ending December 31, 2001. Known or expected changes to
revenue and expenses due to varied circumstances were reviewed in detail since the last briefing
to the Board in November 2001. After extensive review by staff and additional budget
reductions, including revised fuel and purchased power estimates, no budget increases are
necessary at this time. Anticipated FY 2002 O&M expenses are $198.8 million (98% of budget)
versus the original budget of$202.1 million adopted by the Board in May 2001. Operating
revenue is not matching the forecasted amount of$216.7 million due to weather and customer
delayed use in startups such as (1) delay in the State of Michigan startup of chilled water
services, (2) decrease in steam sales due to warm weather, chilled water and the Lansing Grand
River Assembly plant and (3) an estimated decrease in electric sales due to lower wholesale sales
from the Erickson Station. The expected FY 2002 revenue is $208.2 million, which represents a
decline of$8.5 million. The FY 2002 estimated net income is $9.4 million versus the original
budget of$14.7 million. Mr. Tousley noted that budget adjustments would have implications to
the Share the Success program as corporate measures are tied to net income. A portion of the
process measures is funded by net income as well. The STS management committee will be
reviewing these implications, and a report will be made to the Board in a couple of months. Staff
will continue to monitor the budget situation closely and keep the Board updated at future
meetings.
Fiscal Year 2002 Capital Budget Revisions. Assistant General Manager William (Bill) Cook
reported that in November 2001 the Board approved increasing the FY 2002 Capital Budget for
the Erickson Cooling Tower Replacement, Erickson Cold Reheat Line, and Erickson Turbine
Overhaul projects. The total impact of these budget additions was to increase the FY 2002
Capital Budget from$38,022,000 to $40,200,000 and$44,700,000,with and without anticipated
insurance recovery, respectively. At that time staff told the Board a thorough review of capital
budgets and subsequent budget adjustments would be recommended. Mr. Cook reviewed
proposed FY 2002 capital budget adjustments in detail and also summarized FY 2003 —FY 2007
anticipated capital forecast modifications without Nitrogen Oxides (NOx) or Erickson Western
Fuel conversion expenses. Mr. Cook stated that reliability, safety or customer service targets are
not being compromised over the next seven years as a result of the revised budget forecast.
Following lengthy discussion, the Committee authorized the General Manager to bring forth a
resolution to the Board in the form presented (attached) with proposed FY 2002 capital budget
Board Minutes Page 7
January 22,2002
modifications and a new FY 2002 capital total of $41,105,000 (excluding insurance
reimbursement). This amount includes $1,090,000 for NOx and Erickson fuel conversion. It was
noted that insurance reimbursements are expected to offset capital budget by $4,500,000 (see
General Manager's Recommendations).
Year 2004 Nitrogen Oxides (NOx) Compliance Strategy. Manager of Bulk Power &
Resource Planning Brent Henry gave a detailed presentation on the BWL's NOx reduction
strategy. In 1990, significant amendments to the Clean Air Act (CAA) were passed. Title IV of
the amendments required the U. S. Environmental Protection Agency (EPA) to establish NOx
emission limits for electric generating utility boilers. The BWL is required by the EPA and the
State of Michigan to reduce annual "Ozone Season" NOx emissions beginning in 2004. The
Ozone Season runs from May 1 to September 30 each year. (Detailed background of regulatory
requirements and staffs analyses and alternatives in support of the strategy recommended are
included with the meeting packet materials.) During the 2001 Ozone Season, the BWL
generated 2,479 tons of NOx. The new limit for the BWL is anticipated to be 946 tons, which
represents a reduction of approximately 62%. BWL options for future generation are: (1)
continue production allowing for wholesale sales at current levels, (2) limit production to provide
for wholesale sales to only meet Michigan Public Power Agency member loads, or (3) limit
production to meet BWL native load only. Different technologies evaluated by staff, their ranges
of efficiencies and associated capital and O&M costs were reviewed. The estimated cost to
implement the proposed strategy was outlined as follows:
Capital
FY 2002 $1,090,000
FY 2003 $10,755,000
FY 2004 $12,605,000
Annual O&M
NOx $1,172,180
Fuel ($4,684,766)*
*Due to PRB coal conversion
at Erickson
Following a lengthy question and answer period, the Committee authorized the General Manager
to bring forth a resolution to the Board in the form presented(attached) on the proposed NOx
compliance strategy(see General Manager's Recommendations).
Notice of Intent to Issue Bonds. General Manager Pandy reported that approval to begin the
bonding process for the anticipated$24.5 million of NOx-related expenditures for FY 2003 and
FY 2004 to implement proposed modifications would be needed. A draft"Resolution Declaring
Official Intent to Reimburse Project Expenditures with Bond Proceeds and Authorizing
Publication of Notice of Intent to Issue Bonds"up to $30 million was handed out for review.
Additional borrowing may be an alternative to address the Water Utility cash flow deficiency.
This will be evaluated during the Water Utility Strategic Plan review process. Chief Financial
Officer Tousley reported that the financing strategy at this point is to have all capital projects
paid for by internal funds with the exception of the NOx project.
Page 8 Board Minutes
January 22,2002
Following discussion, the Committee authorized the General Manager to bring forth a resolution
to the Board in the form presented (attached), which authorizes the publication of a Notice of
Intent to issue bonds (see General Manager's Recommendations).
FY 2002—FY 2007 Cash Flow Forecast. Assistant General Manager Cook provided a
snapshot of the six-year cash flow forecast for each of the three BWL utilities,based on the
current sales forecasts except for FY 2002 in the Steam Utility. The forecasts reflect recent
changes in fuel and chemical purchase agreements, a new ten-year agreement for payment to the
City of Lansing, large changes in fuel and purchase power as a result of Erickson Station being
off line, and only approved rate increases. Some Electric Utility scenario observations were
reviewed, based on Electric Strategic Plan recommendations to be presented to the Board in late
January for consideration. An update was presented on the Water and Steam Utilities. Capital
spending in the Water Utility over the next six-year period is anticipated to average $5.7 million
per year, resulting in a total cash deficit of$15.4 million for that period. Major known
deviations in FY 2002 steam sales indicate the FY 2002 sales values must be adjusted. The
Water and Steam Strategic Plans are targeted for completion by the end of February for Board
review and consideration.
Public Comment-Electrical Theft at the BWL. Jim Dravenstatt of BWL Customer Field
Services reported on the history of deliberate electrical thefts at the BWL from 1995 —2001.
Reported energy thefts have been on the rise and are becoming a safety issue. In year 2001,
there were 157 reported thefts in the City of Lansing as compared to 178 in 2000.
A tampering fee of$100 charged to customer has not alleviated the problem according to Mr.
Dravenstatt, since there are many repeated offenders. Mr. Dravenstatt suggested a proactive
approach to the crime. He urged the Board to consider prosecution to address serious harm and
injury to BWL employees and customers.
This matter will be reviewed by management for a report to the Board at the next meeting. The
report is to include loss rates in comparable locations. The BWL's Connections newsletter
would be an excellent tool to inform customers on the dangers of energy theft.
Eastwood Towne Center Development. Assistant General Manager Cook reported that
negotiations for the BWL to provide electric supply and delivery service to the Eastwood Towne
Center has been in process for over one year. Mr. Cook reported that since that time frame, the
BWL has significantly changed how projects are evaluated, the Rules and Regulations on growth
and expansion projects have been modified, and the economic analysis is more extensive than
provided to the Board on previous projects. The proposal being reviewed reflects staff s
objective to meet the original intent of negotiations in good faith with the developer while at the
same time meeting the BWL's economic criteria in growth and expansion. Follow-up analysis is
to be completed annually from the actual operating data.
Mark Taylor, Manager of Strategic Account and Product Development, reviewed the Eastwood
Towne Center project located on Lake Lansing Road and U.S. 127. He discussed the conceptual
alternatives:
Board Minutes Page 9
January 22,2002
• Project evaluation economic proforma, developed to analyze projects that build out over
a number of years
• Base Case Cost, Revenue and Schedule
• Present Worth Analysis (Net Present Value of Ten-Year Cash Flows)
• Sensitivity Analysis
• Easement Costs as capitalized, unless specifically stated otherwise
• Risk Analysis/Mitigation
A list of signed tenants for the Eastwood Towne Center project was presented.
Proposed Electric Service Agreement provisions developed during the negotiation process with
Michael Eyde were reviewed in detail. To facilitate completion of an Electric Service
Agreement between Eastwood L.L.C. and Michael Eyde as an individual and the BWL,
proposed resolutions were reviewed for Board consideration.
Following a lengthy question and answer period, the Committee authorized the General
Manager to bring forth proposed resolutions to the Board in the form presented—attached—on:
(1) acquisition of easements for electric distribution facilities, (2) an infrastructure recovery
charge, and (3) waiver of electric infrastructure installation fees (see General Manager's
Recommendations).
Financial Reporting to the Commissioners. Director of Metrics & Audits Kellie Willson
presented design ideas for improving financial reporting to the Commissioners. An outline was
presented that combines some of the reports the Board currently receives as well as new ones
that would have to be created. Some preliminary examples were displayed of possible new
report formats that compare annual and monthly data including the following:
• High-level data summaries
• Highlight key indicators and significant changes
• Provide clearly written, meaningful explanations of what the numbers, indicators and
changes mean
• Include projections of future results along with historical data
• Show the results in graphs to the extent possible.
Suggestions for improvements were offered by the Committee. After Ms. Willson shared the
suggested drafts with the Committee, the Committee asked Financial Services to begin preparing
those reports within thirty days. Ms. Willson will come back to the Finance Committee with
other suggestions for additional reports.
Internal Auditor's Quarterly Report. Director of Metrics & Audits Kellie Willson presented
her written report providing the current status of the following issues: (The complete report is
included with the Finance Committee meeting materials.)
Page 10 Board Minutes
January 22,2002
1. Review of Major Water Extensions
2. Transfers of Funds Between Utilities
3. VEBA Trust for Funding Retiree Health Care Benefits
4. The City Ethics Ordinance Compliance
5. Financial and Management Information Issues
Committee Chair Nancy Duncan asked General Manager Pandy to present a report on a
comprehensive long-term plan for the Bn's accounting system to the Finance Committee at a
future meeting for discussion.
Real Property Matters. General Manager Pandy reviewed details pertaining to two property
matters. He reported that staff proposes to convey the Dimondale Dam property, consisting of
six parcels, to the Village of Dimondale. Their plan is to rubble the dams to create a natural
rapids area and the construction of public recreational facilities on the adjacent property. The
elimination of future BWL financial obligations and liability risks and the public benefits offered
by the Village of Dimondale's recreational development plans support this property transfer.
This property is no longer needed for BWL operations. This sale is subject to the approval of the
Lansing City Council and any other limitations contained in the Lansing City Charter or Codified
Ordinances of the City of Lansing.
The Committee authorized the General Manager to bring forth a proposed resolution to the
Board in the form presented (attached) on conveying six parcels to the Village of Dimondale for
the sum of $1.00, subject to appropriate City of Lansing approvals (see General Manager's
Recommendations).
Mr. Pandy discussed a second pending project that is still in negotiation.
Future Agenda Items. Committee Chair Nancy Duncan requested that R. W. Beck's final
report on their performance audit of BWL's growth and expansion processes be referred to the
Finance Committee for follow up. Management is requested to submit its responses to Beck's
recommendations. Once management's responses are reviewed and agreement is reached on
pending matters, the committee plans to utilize the Director of Metrics &Audits Kellie Willson
to assist the Commissioners to follow up and periodically revisit the R. W. Beck Report.
Commissioner Callen requested that the Corporate Secretary send out a draft Board Meeting
Agenda to all the Commissioners. All Commissioners are free to suggest items for inclusion on
the agenda prior to publishing the final copy.
Board Retreat: Commissioner Callen reported on plans for the Board Retreat scheduled for
March 15-16. The Commissioners will be asked for their input as the retreat agenda is finalized.
There being no further business, the meeting adjourned at 8:45 p.m.
Respectfully submitted,
Nancy W. Duncan, Chair
Finance Committee
Board Minutes Page 11
January 22,2002
Moved by Commissioner Duncan, seconded by Commissioner Creamer, that the Report of the
Finance Committee be approved as presented.
Action: Carried unanimously.
GENERAL MANAGER'S RECOMMENDATIONS
Background materials on items presented are on file in the Office of the Corporate Secretary.
esolution#7 2002-1-4
RAIL TRANSPORTATION AGREEMENT
RESOLVED, that the Board of Water and Light (BWL) enter into a Rail Transportation
Agreement(Agreement) with the Canadian National Railroad (CNRR) for the transport of
Powder River Basin(PRB) and Colorado, Uinta Basin coal from Union Pacific Railroads
interchange at Proviso, Illinois, to BWL Plants in Lansing,MI. The Agreement particulars are as
follows:
1. The term shall be for two years commencing January 1, 2002 and terminating
December 31, 2003.
2. The annual quantity to be transported is 100% of BWL requirements. Current
estimates indicate that should be around 1.3 to 1.7 million tons.
3. The price to be paid under this Agreement shall be $5.34 pnt for CY2002 and
$5.45 pnt for CY 2003 firm. Prices paid in 2000 and 2001 are $5.55 and$5.60.
Commencing January 1, 2002, the BWL will realize a reduction of 3.2%in coal
transportation costs. For the two-year term that equates to $540,000 savings for
the term of the agreement assuming an annual volume of 1.5 million tons.
Staff Comments: A two-year term was selected to coincide with the best rates received for the
lease of private railcars.
Moved by Commissioner Creamer, seconded by Commissioner Royal, that the resolution be
approved.
Action: Carried unanimously.
esolution#20.02-1-5
WATER COST OF SERVICE STUDY
RESOLVED, that staff be authorized to sign a contract with R.W. Beck to perform a Water Cost
of Service Study in accordance with BWL Specifications dated October 1, 2001 and their
Proposal dated November 6, 2001 for a cost not to exceed $38,000. The proposed contract is an
addendum to the existing contract with R.W. Beck for the Growth and Expansion Performance
Audit.
Page 12 Board Minutes
January 22,2002
Staff Comments: Seven firms submitted bids for the Water Cost of Service Study. They were:
Raftelis Financial Consulting ($88,760); Management Applications, Inc. ($14,900); Camp,
Dresser&McKee ($55,000), Plante &Moran, LLP ($27,760); Virchow, Krause, LLP ($28,500),
and Black &Veatch($55,000). An evaluation committee consisting of K. Willson, D. Wood
and D. Tousley chose the R.W. Beck bid as the"best evaluated bid"
Moved by Commissioner Creamer, seconded by Commissioner Duncan, that the resolution be
approved.
Action: Carried unanimously.
esolution#2002-1-6
VILLAGE OF DIMONDALE PROPERTY
RESOLVED, that the following six (6)parcels, including without limitation all associated dams
and structures, located in the Village of Dimondale, are no longer needed for the operation of the
Board of Water and Light.
RESOLVED FURTHER, that the General Manager and Corporate Secretary are authorized to
sign all documents necessary to convey these parcels to the Village of Dimondale for the sum of
$1.00. This sale is subject to the approval of Lansing City Council and any other limitations
contained in the Lansing City Charter or Codified Ordinances of the City of Lansing.
A drawing and description of the six (6)parcels is shown in the attached Exhibit "A" sheets 1
through 4.
Staff Comments: The BWL has never utilized this property for utility purposes and the dams
pose a liability risk to the BWL and safety hazard to the public. The dams have been
deteriorating for several years and are in need of extensive repairs. Estimates for removal of the
dams as recommended by the Department of Natural Resources are projected to exceed the
appraised $357,400 value of the property. Portions of the property have limited marketability
other than to adjacent property owners and a significant portion of the property is located in the
100-year flood plain. The Village of Dimondale has developed a recreation plan, which they
hope to implement with the support of state grants. Their plan includes rubbling the dams to
create a natural rapids area and the construction of public recreational facilities on the adjacent
property. The elimination of future BWL financial obligations and liability risks and the public
benefit offered by the Village's recreational development plans support this property transfer.
Moved by Commissioner Royal, seconded by Commissioner Duncan, that the resolution be
approved.
Action: Carried unanimously.
Board Minutes Page 13
January 22,2002
esolution#2002-1-7
ACQUISITION OF EASEMENTS FOR ELECTRIC DISTRIBUTION FACILITIES
WHEREAS, the Board of Water and Light(BWL) and Eastwood L.L.C. and Michael G. Eyde
(Eyde), as an individual, desire to enter into an Electric Service Agreement for a term of 15 years
covering the furnishing of electric supply and delivery service to a commercial development
known as Eastwood Towne Center located on 192 acres on the northwest corner of Lake Lansing
Road and U.S. 127; and
WHEREAS, the BWL desires to purchase easements from Eyde to construct, install and
maintain its electric distribution infrastructure and such easements are in excess of$15,000.
RESOLVED, that the General Manager and Corporate Secretary or their designee are authorized
to purchase such easements from Eyde as are necessary to construct, install and maintain its
electric distribution infrastructure for service to Eastwood Towne Center, at a price of$1.18 per
sq. ft., not to exceed $392,000.
(See approval resolution below after#2002-1-9)
esolution# 2002-1-8
INFRASTRUCTURE RECOVERY CHARGE
WHEREAS, the Board of Water and Light(BWL) and Eastwood L.L.C. and Michael G. Eyde
(Eyde), as an individual, desire to enter into an Electric Service Agreement for a term of 15 years
covering the furnishing of electric supply and delivery service to a commercial development
known as Eastwood Towne Center located on 192 acres on the northwest corner of Lake Lansing
Road and U.S. 127; and
WHEREAS, to furnish such service the BWL will incur infrastructure expenses directly
attributable to Eastwood Towne Center that are in excess of amounts allowed by its Rules and
Regulations for Electric Service; and
WHEREAS, the BWL desires to recover increased expenses that are directly attributable to
Eastwood Towne Center from the customer(s)responsible for such increased expenses.
RESOLVED, that Staff will recommend the establishment of an Infrastructure Recovery Charge
to the Board of Commissioners at the next schedule rate hearing.
RESOLVED FURTHER, that the Infrastructure Recovery Charge will be for the purpose of
recovering those increased expenses necessary to provide electric distribution infrastructure costs
in excess of amounts allowed by its Rules and Regulations and that such charge will be limited
to the term of the Electric Service Agreement.
(See approval resolution below after#2002-1-9)
Page 14 Board Minutes
January 22,2002
esolution#2002-1-9
WAIVER OF ELECTRIC INFRASTRUCTURE INSTALLATION FEES
WHEREAS, the Board of Water and Light (BWL) and Eastwood L.L.C. and Michael G. Eyde
(Eyde), as an individual, desire to enter into an Electric Service Agreement for a term of 15 years
governing the furnishing of electric supply and delivery service to the commercial development
known as Eastwood Towne Center located on 192 acres on the northwest corner of Lake Lansing
Road and U.S. 127; and
WHEREAS, Eastwood Town Center is located in an area capable of being served by another
electric utility and is expected to generate $1,735,812 of retail revenue based on current
published BWL electric rates; and
WHEREAS, Eyde has requested the BWL to waive its normal and customary electric
infrastructure installation fees associated with trench footage, and its transformer KVA charges,
both as set forth in the current Rules and Regulations for Electric Service.
RESOLVED, that the General Manager is authorized to waive the BWL's normal and customary
trench footage and transformer KVA charges associated with the Eastwood Towne Center in the
event that Eyde fulfills the contractual obligations of the Electric Service Agreement.
Moved by Commissioner Creamer, seconded by Commissioner Duncan, that the resolutions on
Acquisition of Easements for Electric Distribution Facilities (#2002-1-7), Infrastructure Recovery
Charge (#2002-1-8), and Waiver of Electric Infrastructure Installation Fees (#2002-1-9) be
approved.
Action: Carried unanimously.
esolution#2002-1-10
NOx COMPLIANCE STRATEGY
RESOLVED, that the Board of Water and Light is required by the U.S. EPA and the State of
Michigan to reduce annual "Ozone Season"Nitrogen Oxide (NOx) emissions beginning in 2004.
The Ozone Season runs from May 1 to September 30 each year. During the 2001 Ozone Season
we generated 2,479 tons of NOx. The new limit for the BWL will be approximately 946 tons,
which represents a reduction of approximately 62%. To comply with the new requirements, the
following strategy will be adopted:
1. Optimize operation of existing "low NOx"burner systems to achieve a
reduction of approximately 307 tons.
2. On specific units, install new technology low NOx burners and "over-fire
air" systems to reduce NOx emissions by an additional approximately 672
tons.
3. Convert Erickson Station to burn Western Powder River Basin coal, which
will naturally result in lower NOx than the current fuel. This will reduce
Board Minutes Page 15
January 22,2002
NOx emissions by approximately 281 tons while reducing fuel expenses at
the plant by about 25%.
4. Purchase enough NOx credits each year(approximately 273 tons) to offset
the difference between our actual production using the above strategies
and the NOx allowance limit.
5. Continue to investigate new NOx control technologies as they emerge.
Staff Comments: The total capital required for the proposed strategy is $24,450,000. The net
present value (NPV) of 15-year cash flows, including both capital and O&M expenditures,
results in approximately a positive $9 million. The positive NPV is due to the lower costs of
PRB coal. It will be necessary to issue revenue bonds to finance the capital expenditures.
Moved by Commissioner Duncan, seconded by Commissioner Creamer, that the resolution be
approved.
Action: Carried unanimously.
esolution#2002-1-11
INTENT TO REIMBURSE PROJECT EXPENDITURES WITH BOND PROCEEDS
AND AUTHORIZING PUBLICATION OF NOTICE OF INTENT TO ISSUE BONDS
WHEREAS, the Board of Water and Light(the "Issuer") proposes to issue its tax-exempt bonds
(the "Bonds") to finance the cost of improving the water, steam and electric utilities system of
the City of Lansing as hereinafter described(the "Project"); and
WHEREAS, it is anticipated that the issuer will advance all or a portion of the costs of the
Project prior to the issuance of the Bonds, such advance to be repaid from proceeds of the Bonds
upon issuance thereof; and
WHEREAS, Section 1.150-2 of the Treasury Regulations on Income Tax (the"Reimbursement
Regulations") specifies conditions under which a reimbursement allocation may be treated as an
expenditure of bond proceeds, and the Issuer intends by this resolution to qualify amounts
advanced by the Issuer to the Project for reimbursement from proceeds of the Bonds in
accordance with the requirements of the Reimbursement Regulations; and
WHEREAS, the issuer also desires to authorize certain staff and officers to undertake the
preliminary actions to secure approvals, if necessary,from the Michigan Department of
Treasury (`Department'),
NOW, THEREFORE, BE IT RESOLVED BY THE ISSUER, as follows:
1. The project shall consist of modifications to the facilities to reduce the amount of NOx
emissions produced. The planned modifications include,but are not limited to the
following: (i) Replacement of, or modifications to the existing burners and the
installation of over-fire (OFA) systems on each of the seven(7) electric generating units
located at the Eckert and Erickson Stations. (ii) Conversion of the Erickson station to
burn Powder River Basin (PRB) coal, which will significantly reduce the amount of
Page 16 Board Minutes
January 22,2002
NOx,produced during the combustion process. This conversion will include the
installation of new equipment and modifications to the boiler, combustion and fuel
handling systems and associated auxiliary systems.
2. The maximum principal amount of obligations expected to be issued for the Project is
$30,000,000.
3. The Issuer hereby declares its official intent to issue Bonds to finance the costs of the
Project, and hereby declares that it reasonably expects to reimburse the Issuer's advances
to the Project as anticipated by this resolution.
4. The Bonds shall be authorized by proper proceedings subsequent to this resolution.
5. Staff is authorized and directed to publish in a local newspaper of general circulation a
notice of intention to issue bonds substantially in the form attached,with such changes as
are approved by bond counsel, BWL counsel and staff.
6. The Chairperson, the General Manager and the Chief Financial Officer are each
severally authorized and directed to, on behalf of the issuer, (i) apply for an exception
from prior approval or an order of approval, as appropriate,from the Department and
pay any related fees to and make any other filings for waivers (including, but not limited
to, the waiver of good faith deposit, if desired) with the Department in connection with
the sale of such bonds; (ii) organize and make presentations to rating agencies, bond
insurers and other financial entities, and make any other filings with the Department or
any other governmental entity in the event approval is sought pursuant to Act 43, Public
Acts of 2001, which becomes effective March 1, 2002.
7. All prior resolutions and parts of resolutions insofar as they may be in conflict with this
resolution are hereby rescinded.
Moved by Commissioner Duncan, seconded by Commissioner Creamer, that the resolution be
approved.
Discussion: General Manager Pandy stated that italicized language in the resolution indicates
new language added by the BWL's bond counsel after the advance copy was provided to the
Commissioners with their Board meeting packet last week. The remainder of the resolution
remains unchanged.
Action: Carried unanimously.
Board Minutes Page 17
January 22,2002
esolution#2002-1-12
FISCAL 2002 CAPITAL BUDGET ADJUSTMENTS
The following Capital Projects for fiscal 2002 be adjusted and/or added:
Project Name Project Number FY2002 Original Revised FY2002 Reason for
Capital Capital Budget change
Budget
Electric Vehicles& $ 885,000 $ 435,000 Purchase Delayed
Equipment
Small Tools& 2002-39 $ 416,000 $ 300,000 Purchase Delayed
Equipment Electric
Unprogrammed 2002-41 $ 50,000 $ 20,000 Purchase Delayed
Property Purchase
Turbine Recorders 1-5 2002-103 $ 71,000 $ 36,000 Project Extended
Boiler#2&#Air Heater 2002-107 $ 840,000 $ 740,000 Cost Reduction
Retubin
Eckert Breeching $ 0 $100,000 Regulatory
Expansion Joints Requirement
Erickson Turbine $776,000 $650,000 Cost Reduction
Overhaul
Northeast Substation 1996-106 $1,00 $ 502,000 Project Schedule
Distribution Delayed
Outage Management 2001-112 $ 500,000 S 0 Project Schedule
System Delayed
Eckert Generator Bus& 2001-114 $ 523,000 $ 375,000 Cost Reduction
Breakers
20
Electric Training 02-111 $ 36,000 $ 18,000 Project Schedule
Upgrades Delayed
Landfill Remediation 1997-135 $750,000 $600,000 Project Cost Reduction
Facility Roof 2001-126 $ 150,000 $100,000 Project Schedule
Replacements Delayed
Meter Reading 2002-126 $125,000 $ 72,000 Project Cost Reduction
Equipment
Meridian Substation
138kw sub&ROW 1992-104 $ 225,000 S 50,000 Project Delayed
Distribution 2001-127 $ 318,000 $ 0 Project Delayed
Transmission 2001-128 $ 318,000 $ 0 Project Delayed
Chilled Water Eyde 7 2002-123 $241,000 $ 0 Project Cancelled
Block
Chilled Water Chiller 6 2002-124 $1,455,000 $ 0 Project Delayed
NOx/Erickson Western $ 0 $1,090,000 Regulatory
Fuel Conversion Requirement
TOTAL $8,683,000 $5,088,000
Staff Comments: This resolution is being submitted in accordance with Board Policy regarding
changes to the Capital Budget.
As a result of the recent review of BWL capital projects at the Finance Committee meeting on
January 17t1i, staff has provided FY2002 Capital Budget modifications and a brief description of
the basis for change. The overall impact on the FY2002 Capital Budget as a result of the
changes listed is an overall reduction of$3,595,000.
Moved by Commissioner Duncan, seconded by Commissioner Royal, that the resolution be
approved.
Page 18 Board Minutes
January 22,2002
Action: Carried unanimously.
GENERAL MANAGER'S REMARKS
Resources for Language Translation: General Manager Pandy reported that Human
Resources has followed up on a suggestion made by Commissioner Marin to obtain language
resources for major foreign languages to assist customer with communication needs. Translation
services for Spanish, Asian, French and Vietnamese languages have been located through
Michigan State University, Lansing Community College, and the Refugee Services.
EPA Extends Nitrogen Oxides (NOx) Emission Control Deadline. General Manager Pandy
reported that the Manager of Environmental Services forwarded a document describing that the
NOx compliance deadline is now officially May 31, 2004. The EPA Administrator announced
this decision in a letter to the U.S. House Energy and Commerce Committee and to members of
Congress in states affected by the caps. This is essentially a one-year extension for Midwest and
Southeast electric generating units to comply with NOx emission caps.
COMMISSIONERS' REMARKS
Customer Satisfaction Survey Follow Up. Commissioner Creamer stated that he was very
impressed with the positive Customer Attitude Survey results. He suggested a communication
piece from the Board Chair to welcome the news to the employees through a newsletter or the
BWL Pipeline. Chairman Callen agreed with the suggestion and said he would follow up with
staff. General Manager Pandy mentioned that he plans to present the survey findings to all the
employees in various meetings throughout the system over the next month to communicate the
favorable results and to thank the employees for their role in achieving the high scores.
Board Retreat. Chairman Callen reported on plans for the Board Retreat to be held on Friday,
March 15t" from 3 p.m. to 9 p.m. and Saturday, March 16tt' from S a.m. to 1 p.m. Jeff Tarbert,
Senior Vice President of the American Public Power Association, is scheduled to conduct an
educational session on instruction of being a Commissioner and the ramifications of that
responsibility. Commissioner Callen remarked that a couple of years ago, he enjoyed a 1-1/2-
day instructional seminar for policymakers, presented by Mr. Tarbert, which was very insightful.
Commissioner Callen will be meeting with Mr. Tarbert to discuss ways to condense the
instructional course to fit the schedule for the retreat on Friday, March 16th. On Saturday
morning, the retreat will focus on issues specific to the BWL with Mr. Tarbert acting as the
facilitator to permit full participation by all Commissioners. A draft of suggested issues for the
Saturday morning discussion will be compiled for Commissioner input as well as the General
Manager. Commissioner Callen noted that the BWL Strategic Plan for electric, water and steam
has been suggested as a topic for the retreat, but noted that it may better to address this important
subject at a future Committee of the Whole meeting to allow more time for in depth discussion.
He also noted that the Open Meetings Act requires that meetings be reasonably accessible to the
public; consequently, the retreat it will be held locally. The location is yet to be determined.
Board Minutes Page 19
January 22,2002
EXCUSED ABSENCE
On motion by Commissioner Royal and seconded by Commissioner Duncan, that the absences of
Commissioners Christian and Wonch be excused.
Carried unanimously.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT.
No persons spoke.
ADJOURNMENT
There being no objection, the meeting adjourned by unanimous consent at 6:44 p.m.
lsl Mary E. Sova, Secretary
Filed with Lansing City Clerk
January 24, 2002
17:24 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 1/20
BOARD OF WATER AND LIGHT PO Box 13007, Lansing,MI 48901
m_ _K� mFAX
WATER&LIGHT Date: Thursday,Jan 24, 2002
Number of pages including 20
cover sheet:
Mw - I — - I
To: City Clerk's Office From: Mary Sova
Phone: Phone:
Fag: 377-0068 Fax phone: (5 17)702-6203
CC:
REMARKS: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment
Attached for filing with your office is a
"faxed" set of minutes of the Regular
Meeting of the Board of Commissioners,
held January 22, 2002. An original copy
is being mailed to your office today.
17:24 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6223 #91904 PAGE: 2/20
1
Preliminary Alinutes—Subject to Board Approval
MINUTES OF THE BOARD OF COMMISSIONERS' MEETING
LANSING BOARD OF WATER AND LIGHT
Tuesday, January 22, 2002
The Board of Commissioners met in regular session at 5:30 p.m. in the Boardroom of the
Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Chairman Ronald Callen called
the meeting to order.
Present: Commissioners Ronald C. Callen, Charles M. Creamer, Nancy W. Duncan,
Tim Haggart, Connie Marin, and Diane R. Royal - 6.
Absent: Commissioners Ernest J. Christian and Nancy A. Wonch-2.
The Secretary declared a quorum present.
All said the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion made by Commissioner Royal, seconded by Commissioner Hagga;-t, to approve the
minutes of special session held November 27, 2001.
Carried unanimously.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT
NOW, OR AT THE END OF THE MEETING.
BWL Employee Richard Taylor of System Integrity& Customer Projects stated that lie has been
charged under Rule 30 of the BWL's Rules of Conduct. He requested a hearing with the Board
rather than going through internal BWL procedures because it is his opinion he did not receive a
fair hearing with management. He reported that he made a request to have his appeal added to
the Board meeting agenda, but it was denied. Mr. Taylor said that he prepared a summary of
events that have taken place since 1996 and sent them to Commissioners Royal, Christian and
Haggart for review. Mr. Taylor stated that he would appreciate receiving a response from the
Commissioners in the near future with respect to his request to appeal his discipline before the
Board.
17:25 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 3120
'Page 2 Board Minutes
January 22,2002
Customer Attitude Survey Presentation. Andrew Morrison, President of Market Strategies,
Inc. (MSI), presented the results of the Fall Customer Attitude Survey. He reported that the
BWL has been conducting a semi-annual residential customer satisfaction and performance
survey for several years. This survey assesses the relationship between the BWL and its
residential customers, and the BWL market position in the changing energy utility marketplace.
The methodology and summary of key findings were reviewed. Mr. Morrison noted that survey
results were very positive in which the BWL recorded higher than average scores on all
questions included in MSI's bench marking database. He reviewed the perspectives on the
energy utility industry in 2001 and BWL events and activities over the past year. In summary,
the findings indicate the following:
• The BWL continues to have a strong overall relationship with its customers.
• Overall favorability has increased to 84% and overall electric and water satisfaction
remain stable at high positive levels.
• Perceptions of the value of electricity have generally remained stable, but perceptions of
the value of water have significantly improved since May 2001.
• Perceptions of the BWL's ability to restore power after an outage have improved
significantly, from 78% in May 2001 to 90%.
• The largest decline among the items measured was "educating children about electric
safety." This may correspond to a decrease in advertising of Louie the Lightning Bug in
the school safety program.
• Readership of the Connections newsletter also significantly declined from 66% to 60%
between May 2001 and November 2001.
• Connections readers and those aware of the BWL's involvement in three community
projects tend to give significantly higher scores on brand attributes than non-newsletter
readers or customers unaware of the utility's involvement in the community projects.
General Manager Pandy congratulated all the employees who achieved these positive results. Ile
noted that the level of service provided by front-line employees makes a significant impact on
customer satisfaction scores. There are over sixty large utilities represented in the Market
Strategies benchmark comparisons. BWL employees can be proud of BWL's ranking among the
sixty utilities, with four first-place scores, five second-place scores, and one third-place score in
thirteen benchmark comparisons.
COMMUNICATIONS
There were no communications.
17:25 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 4/20
Board Minutes Page 3
January 22,2002
COMMITTEE OF THE WHOLE REPORT
The Committee of the Whole met on January 8, 2002 to receive the R. W. Beck draft report
results on the performance audit of the Board of Water and Light's (BWL) Growth and
Expansion Processes and Associated Performance Measurement.
Chair Pro Tem Creamer called the meeting to order at 5:30 p.m. Present were Commiaioners
Callen, Creamer, Christian, Duncan, Marin, Royal and Wonch. Absent was Commissioner
Haggart.
In June 2001, the Board authorized hiring R. W. Beck to perform an objective and systematic
examination of the BWL's growth and expansion processes and associated performance
measurement methods. The Board met with R. W. Beck in Special Session on October 8, 2001
to kick off the project and clarify assignment expectations. The consultants agreed to present a
draft report for review with the Commissioners in January 2002 for feedback in a working
session.
The Commissioners received a copy of R. W. Beck's comprehensive draft report, dated
December 2001, titled "Performance Audit of the Board of Water and Light Growth and
Expansion Processes, Capital Improvement Program and Associated Performance
Measurement," for review prior to the meeting. Lynn Coles and Terry Myers of R. W. Beck
were present to review the project scope and approach and their findings and recommendations.
The study covered the following phases:
Phase 1 Audit of existing growth and expansion program: The review covers the internal
BWL investigation that identified deficiencies and recommended corrective actions
as well as existing water supply contracts between BWL and the various nearby
townships.
Phase 2 Performance measurement methods: A review of cost tracking methods used by
BWL and the adequacy of the accounting systems to ensure project tracking is
adequate and decision-making information is available for pricing of products and
services.
Phase 3 Customer profitability: This review was not conducted at this time because data by
geographic basis was not available.
Phase 4 Rate and fee process: A review of rate and fee processes and practices. This
involved identifying and implementing rate changes and practices and the analysis
of existing rates to identify adequacy and to determine if cross subsidization is
occurring between utilities.
Following the briefing and discussion, the Commissioners requested that the draft report be
submitted in final form to the Committee of the Whole at their next meeting for referral to the
Finance Committee. Management is being requested to respond to the report at a future Finance
Committee meeting.
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Page 4 Board Minutes
January 22,2002
There being no further business, the meeting of the Committee of the Whole adjourned at 8:15
p.m.
Respectfully submitted,
/s/ Charles Creamer, Chair Pro Tem
Committee of the Whole
Moved by Commissioner Creamer, seconded by Commissioner Duncan, that the Report of the
Committee of the Whole be approved as presented.
Action: Carried unanimously.
HUMAN RESOURCES COMMITTEE REPORT
The Human Resources Committee met on December 17, 2001 and January 14, 2002 to discuss
the fiscal year 2002 goals and performance objectives for the General Manager.
Committee members Royal, Callen, Haggart, and Marin attended both meetings. Commissioners
Creamer and Wonch attended the December 17`}'meeting.
The Human Resources Committee developed a working draft of evaluation targets for use in
reviewing the performance of the General Manager and assessing the results at the end of the
fiscal year. The Committee discussed the process and sources of information to be used in
assessing the General Manager's performance. A first draft of a performance planning and
appraisal form was reviewed and was the basis in developing and defining objectives for a
second draft of the Performance Planning and Appraisal for the General Manager—Fiscal fear
2001-02. The proposed goals and performance objectives include key financial and non-
financial targets.
The Committee met with the General Manager on January 14, 2002 for feedback and input on
the proposed FY 2002 goals and objectives as filed with Human Resources. The Committee
suggests that the Commissioners' rating should be balanced by other key information such as
ratings from customers and employee satisfaction surveys. The survey questionnaire should
combine open-ended questions with those that use a rating scale. Open-ended questions allow
people the flexibility to consider factors that fixed scales and targets may overlook.
RESOLVED BY THE HUMAN RESOURCES COMMITTEE:
1. That the goals and objectives appended with the official minutes titled:
"Performance Planning and Appraisal for the General Manager—Fiscal Year 2001-
02" be approved.
2. That an outside consultant be retained to review the fiscal year 2002
performance goals and objectives for the General Manager, to ensure they are
realistic and challenging, and that they are being carried out.
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Board Minutes Page 5
January 22,2002
3. That feedback sources for the performance evaluation for the end of the fiscal
year come from managers, directors, customers, employee survey results and the
management consultant.
Respectfully submitted,
/s/Diane R. Royal, Chair
Human Resources Committee
Moved by Commissioner Royal, seconded by Commissioner Marin, that the Report of the
Human Resources Committee be received as presented.
Action: Carried unani nously.
Discussion: Commissioner Creamer stated that he does not object approving the FY 2002
Performance Planning and Appraisal form for the General Manager, but he suggested a couple of
friendly amendments to the resolution of the Human Resources Committee. He proposed
inserting "pending review by the outside consultant" at the end of item number 1 to make sure
the goals and objectives are fair. He also proposed inserting the words "assisting the Board in
deternzini77g" near the end of item number 2 to clarify that the outside consultant is to assist the
Board in making that ultimate determination as to whether or not the goals and objectives are
being carved out.
Moved by Commissioner Creamer, Seconded by Commissioner Haggart to approve the
following resolution of the Human Resources Committee, as amended:
RESOLVED BY THE HUMAN RESOURCES COMMITTEE:
(amended language in capital letters)
1. That the goals and objectives appended with the official minutes titled:
"Performance Planning and Appraisal for the General Manager—Fiscal Year 2001-
02"be approved, PENDING REVIEW BY THE OUTSIDE CONSULTANT.
2. That an outside consultant be retained to review the fiscal year 2002
performance goals and objectives for the General Manager, to ensure they are
realistic and challenging, and TO ASSIST THE BOARD IN DETERMINING that
they are being carried out.
3. That feedback sources for the performance evaluation for the end of fiscal year
2002 come from managers, directors, customers, employee survey results and the
management consultant.
Action: Carried unanimously.
17:29 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 7/20
Page 6 Board Minutes
January 22,2002
FINANCE COMMITTEE REPORT
(Detailed Reports are Filed in the Corporate Secretary's Office)
Finance Committee Chair Nancy Duncan called the Finance Committee meeting to order at 5:30
p.m. Present were Commissioners Callen, Creamer, Christian, Duncan, and Wonch.
The Finance Committee met on January 17, 2002 to receive staff presentations on the following
topics:
Fiscal Year 2002 Budget. Chief Financial Officer Dana Tousley presented an update of the FY
2002 O&M Budget for the period ending December 31, 2001. Known or expected changes to
revenue and expenses due to varied circumstances were reviewed in detail since the last briefing
to the Board in November 2001. After extensive review by staff and additional budget
reductions, including revised fuel and purchased power estimates, no budget increases are
necessary at this time. Anticipated FY 2002 O&M expenses are $198.8 million (98% of budget)
versus the original budget of$202.1 million adopted by the Board in May 2001. Operating
revenue is not matching the forecasted amount of$216.7 million due to weather and customer
delayed use in startups such as (1) delay in the State of Michigan startup of chilled water
services, (2) decrease in steam sales due to warm weather, chilled water and the Lansing Grand
River Assembly plant and (3) an estimated decrease in electric sales due to lower wholesale sales
from the Erickson Station. The expected FY 2002 revenue is $208.2 million, which represents a
decline of$8.5 million. The FY 2002 estimated net income is $9.4 million versus the original
budget of$14.7 million. Mr. Tousley noted that budget adjustments would have implications to
the Share the Success program as corporate measures are tied to net income. A portion of the
process measures is funded by net income as well. The STS management committee will be
reviewing these implications, and a report will be made to the Board in a couple of months. Staff
will continue to monitor the budget situation closely and keep the Board updated at future
meetings.
Fiscal Year 2002 Capital Budget Revisions. Assistant General Manager William (Bill) Cook
reported that in November 2001 the Board approved increasing the FY 2002 Capital Budget for
the Erickson Cooling Tower Replacement, Erickson Cold Reheat Line, and Erickson Turbine
Overhaul projects. The total impact of these budget additions was to increase the FY 2002
Capital Budget from $38,022,000 to $40,200,000 and $44,700,000, with and without anticipated
insurance recovery, respectively. At that time staff told the Board a thorough review of capital
budgets and subsequent budget adjustments would be recommended. Mr. Cook reviewed
proposed FY" 2002 capital budget adjustments in detail and also summarized FY 2003—FY"2007
anticipated capital forecast modifications without Nitrogen Oxides (NOx)or Erickson Western
Fuel conversion expenses. Mr. Cook stated that reliability, safety or customer service targets are
not being compromised over the next seven years as a result of the revised budget forecast.
Following lengthy discussion, the Committee authorized the General Manager to bring forth a
resolution to the Board in the form presented (attached) with proposed FY 2002 capital budget
17:29 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 8i20
Board Minutes Page 2
January 22,2002
modifications and a new FY 2002 capital total of $41,105,000 (excluding insurance
reimbursement). This amount includes $1,090,000 for NOx and Erickson fuel conversion. It was
noted that insurance reimbursements are expected to offset capital budget by $4,500,000 (see
General Manager's Recommendations).
Year 2004 Nitrogen Oxides (NOx) Compliance Strategy. Manager of Bulk Power &
Resource Planning Brent Henry gave a detailed presentation on the BWL's NOx reduction
strategy. In 1990, significant amendments to the Clean Air Act(CAA) were passed. Title IV of
the amendments required the U. S. Environmental Protection Agency (EPA) to establish NOx
emission limits for electric generating utility boilers. The BWL is required by the EPA and the
State of Michigan to reduce annual "Ozone Season" NOx emissions beginning in 2004. The
Ozone Season runs from May 1 to September 30 each year. (Detailed background of regulatory
requirements and staffs analyses and alternatives in support of the strategy recommended are
included with the meeting packet materials.) During the 2001 Ozone Season, the BWL
generated 2,479 tons of NOx. The new limit for the BWL is anticipated to be 946 tons, which
represents a reduction of approximately 62%. BWL options for future generation are: (1)
continue production allowing for wholesale sales at current levels, (2) limit production to provide
for wholesale sales to only meet Michigan Public Power Agency member loads, or (3) limit
production to meet BWL native load only. Different technologies evaluated by staff, their ranges
of efficiencies and associated capital and O&M costs were reviewed. The estimated cost to
implement the proposed strategy was outlined as follows:
Capital
FY 2002 $1,090,000
FY 2003 $10,755,000
FY 2004 $12,605,000
Annual O&M
NOx $1,172,180
Fuel ($4,684,766)*
"Due to PRB coal conversion
at Erickson
Following a lengthy question and answer period, the Committee authorized the General Manager
to bring forth a resolution to the Board in the form presented (attached) on the proposed NOx
compliance strategy(see General Manager's Recommendations).
Notice of Intent to Issue Bonds. General Manager Pandy reported that approval to begin the
bonding process for the anticipated $24.5 million of NOx-related expenditures for FY 2003 and
FY 2004 to implement proposed modifications would be needed. A draft"Resolution Declaring
Official Intent to Reimburse Project Expenditures with Bond Proceeds and Authorizing
Publication of Notice of Intent to Issue Bonds"up to $30 million was handed out for review.
Additional borrowing may be an alternative to address the Water Utility cash flow deficiency.
This will be evaluated during the Water Utility Strategic Plan review process. Chief Financial
Officer Tousley reported that the financing strategy at this point is to have all capital projects
paid for by internal funds with the exception of the NOx project.
17:29 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 9./20
Page 8 Board Minutes
January 22,2002
Following discussion, the Committee authorized the General Manager to bring forth a resolution
to the Board in the form presented (attached), which authorizes the publication of a Notice of
Intent to issue bonds (see General Manager's Recommendations).
FY 2002— FY 2007 Cash Flow Forecast. Assistant General Manager Cook provided a
snapshot of the six-year cash flow forecast for each of the three BWL utilities, based on the
current sales forecasts except for FY 2002 in the Steam Utility. The forecasts reflect recent
changes in fuel and chemical purchase agreements, a new ten-year agreement for payment to the
City of Lansing, large changes in fuel and purchase power as a result of Erickson Station being
off line, and only approved rate increases. Some Electric Utility scenario observations were
reviewed, based on Electric Strategic Plan recommendations to be presented to the Board in late
January for consideration. An update was presented on the Water and Steam Utilities. Capital
spending in the Water Utility over the next six-year period is anticipated to average $5.7 million
per year, resulting in a total cash deficit of$15.4 million for that period. Major known
deviations in FY 2002 steam sales indicate the FY 2002 sales values must be adjusted. The
Water and Steam Strategic Plans are targeted for completion by the end of February for Board
review and consideration.
Public Comment- Electrical Theft at the BWL. Jim Dravenstatt of BWL Customer Field
Services reported on the history of deliberate electrical thefts at the BWL from 1995—2001.
Reported energy thefts have been on the rise and are becoming a safety issue. In year 2001,
there were 157 reported thefts in the City of Lansing as compared to 178 in 2000.
A tampering fee of$100 charged to customer has not alleviated the problem according to Mr.
Dravenstatt, since there are many repeated offenders. Mr. Dravenstatt suggested a proactive
approach to the crime. He urged the Board to consider prosecution to address serious harm and
injury to BWL employees and customers.
This matter will be reviewed by management for a report to the Board at the next meeting. The
report is to include loss rates in comparable locations. The BWL's Connections newsletter
would be an excellent tool to inform customers on the dangers of energy theft.
Eastwood Towne Center Development. Assistant General Manager Cook reported that
negotiations for the BWL to provide electric supply and delivery service to the Eastwood Towne
Center has been in process for over one year. Mr. Cook reported that since that time frame, the
BWL has significantly changed how projects are evaluated, the Rules and Regulations on growth
and expansion projects have been modified, and the economic analysis is more extensive than
provided to the Board on previous projects. The proposal being reviewed reflects staff s
objective to meet the original uitent of negotiations in good faith with the developer while at the
same time meeting the BWL's economic criteria in growth and expansion. Followup analysis is
to be completed annually from the actual operating data.
Mark Taylor, Manager of Strategic Account and Product Development, reviewed the Eastwood
Towne Center project located on Lake Lansing Road and U.S. 127. He discussed the conceptual
alternatives:
17:30 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 1O/2O
Board Minutes Page 9
January 22,2002
• Project evaluation economic proforma, developed to analyze projects that build out over
a number of years
• Base Case Cost, Revenue and Schedule
• Present Worth Analysis (Net Present Value of Ten-Year Cash Flows)
• Sensitivity Analysis
• Easement Costs as capitalized, unless specifically stated otherwise
• Risk Analysis/Mitigation
A list of signed tenants for the Eastwood Towne Center project was presented.
Proposed Electric Service Agreement provisions developed during the negotiation process with
Michael Eyde were reviewed in detail. To facilitate completion of an Electric Service
Agreement between Eastwood L.L.C. and Michael Eyde as an individual and the BWL,
proposed resolutions were reviewed for Board consideration.
Following a lengthy question and answer period, the Committee authorized the General
Manager to bring forth proposed resolutions to the Board in the form presented-attached--on:
(1) acquisition of easements for electric distribution facilities, (2) an infrastructure recovery
charge, and (3) waiver of electric infrastructure installation fees (see General Manager's
Recommendations).
Financial Reporting to the Commissioners. Director of Metrics & Audits Kellie Willson
presented design ideas for improving financial reporting to the Commissioners. An outline was
presented that combines some of the reports the Board currently receives as well as new ones
that would have to be created. Some preliminary examples were displayed of possible new
report formats that compare annual and monthly data including the following:
• High-level data summaries
• Highlight key indicators and significant changes
• Provide clearly written, meaningful explanations of what the numbers, indicators and
changes mean
• Include projections of future results along with historical data
• Show the results in graphs to the extent possible.
Suggestions for improvements were offered by the Committee. After Ms. Willson shared the
suggested drafts with the Committee, the Committee asked Financial Services to begin preparing
those reports within thirty days. Ms. Willson will come back to the Finance Committee with
other suggestions for additional reports.
Internal Auditor's Quarterly Report. Director of Metrics & Audits Kellie Willson presented
her written report providing the current status of the following issues: (The complete report is
included with the Finance Committee meeting materials.)
17:31 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 11/20
'Page 10 Board Minutes
January 22,2002
1. Review of Major Water Extensions
2. Transfers of Funds Between Utilities
3. VEBA Trust for Funding Retiree Health Care Benefits
4. The City Ethics Ordinance Compliance
5. Financial and Management Information Issues
Committee Chair Nancy Duncan asked General Manager Pandy to present a report on a
comprehensive long-term plan for the B911 's accounting system to the Finance Committee at a
future meeting for discussion.
Real Property Matters. General Manager Pandy reviewed details pertaining to two property
matters. He reported that staff proposes to convey the Dimondale Dam property, consisting of
six parcels, to the Village of Dimondale. Their plan is to rubble the dams to create a natural
rapids area and the construction of public recreational facilities on the adjacent property. The
elimination of future BWL financial obligations and liability risks and the public benefits offered
by the Village of Dinnondale's recreational development plans support this property transfer.
This property is no longer needed for BWL operations. This sale is subject to the approval of the
Lansing City Council and any other limitations contained in the Lansing City Charter or Codified
Ordulances of the City of Lansing.
The Committee authorized the General 1Vlanager to bring forth a proposed resolution to the
Board in the form presented(attached) on conveying six parcels to the Tillage ofDimondale for
the sum of$1.00, subject to appropriate City of Lansing approvals (see General Manager's
Recommendations).
Mr. Pandy discussed a second pending project that is still in negotiation.
Future Agenda Items. Committee Chair Nancy Duncan requested that R. W. Beck's final
report on their performance audit of BWL's growth and expansion processes be referred to the
Finance Committee for follow up. Management is requested to submit its responses to Beck's
recommendations. Once management's responses are reviewed and agreement is reached on
pending matters, the committee plans to utilize the Director of Metrics & Audits Kellie Willson
to assist the Commissioners to follow up and periodically revisit the R. W. Beck Report.
Commissioner Callen requested that the Corporate Secretary send out a draft-Board Meeting
Agenda to all the Commissioners. All Commissioners are free to suggest items for inclusion on
the agenda prior to publishing the final copy.
Board Retreat: Commissioner Callen reported on plans for the Board Retreat scheduled for
March 15-16. The Commissioners will be asked for their input as the retreat agenda is finalized.
There being no further business, the meeting adjourned at 8:45 p.m.
Respectfully submitted,
Nancy W. Duncan, Chair
Finance Committee
17:32 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 12/20
Board Minutes Page 11
January 22,2002
Moved by Commissioner Duncan, seconded by Commissioner Creamer, that the Report of the
Finance Committee be approved as presented.
Action: Carried unanimously.
GENERAL MANAGER'S RECOMMENDATIONS
Background materials on items presented are on file in the Office of the Corporate Secretary.
esolutron.#.;:2002:a
RAIL TRANSPORTATION AGREEMENT
RESOLVED, that the Board of Water and Light(BWL) enter into a Rail Transportation
Agreement(Agreement) with the Canadian National Railroad (CNRR) for the transport of
Powder River Basin (PRB) and Colorado, Uinta Basin coal from Union Pacific Railroads
interchange at Proviso, Illinois, to BWL Plants in Lansing, MI. The Agreement particulars are as
follows:
L The term shall be for two years commencing January 1, 2002 and terminating
December 31, 2003.
2. The annual quantity to be transported is 100% of BWL requirements. Current
estimates indicate that should be around 1.3 to 1.7 million tons.
3. The price to be paid under this Agreement shall be $5.34 pnt for CY2002 and
$5.45 pnt for CY 2003 firm. Prices paid in 2000 and 2001 are $5.55 and $5.60.
Commencing January 1, 2002, the BWL will realize a reduction of 3.2% in coal
transportation costs. For the two-year term that equates to $540,000 savings for
the tern of the agreement assuming an annual volume of 1.5 million tons.
StafConzments: A two-year term was selected to coincide with the best rates received for the
lease of private railcars.
Moved by Commissioner Creamer, seconded by Commissioner Royal, that the resolution be
approved.
Action: Carried unanimously.
esolutno.n l# 20�2;:'1-5
WATER COST OF SERVICE STUDY
RESOLVED, that staff be authorized to sign a contract with R.W. Beck to perform a Water Cost
of Service Study in accordance with BWL Specifications dated October 1, 2001 and their
Proposal dated November 6, 2001 for a cost not to exceed $38,000. The proposed contract is an
addendum to the existing contract with R.W. Beck for the Growth and Expansion Performance
Audit.
17:33 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 13/20
'Page 12 Board Minutes
January 22,2002
Staff Comments: Seven firms submitted bids for the Water Cost of Service Study. They were:
Raftelis Financial Consulting ($88,760); Management Applications, Inc. ($14,900); Camp,
Dresser& McKee ($55,000), Plante & Moran, LLP ($27,760); Virchow, Krause, LLP ($28,500),
and Black& Veatch($55,000). An evaluation committee consisting of K. Willson, D. Wood
and D. Tousley chose the R.W. Beck bid as the"best evaluated bid"
Moved by Commissioner Creamer, seconded by Commissioner Duncan, that the resolution be
approved.
Action: Carried unanimously.
esolution#2002-1-5
VILLAGE OF DIMONDALE PROPERTY
RESOLVED, that the following six(6) parcels, including without limitation all associated dams
and structures, located in the Village of Dimondale, are no longer needed for the operation of the
Board of Water and Light.
RESOLVED FURTHER, that the General Manager and Corporate Secretary are authorized to
sign all documents necessary to convey these parcels to the Village of Dimondale for the sum of
$1.00. This sale is subject to the approval of Lansing City Council and any other limitations
contained in the Lansing City Charter or Codified Ordinances of the City of Lansing.
A drawing and description of the six(6) parcels is shown in the attached Exhibit"A" sheets 1
through 4.
Staff Comments: The BWL has never utilized this property for utility purposes and the dams
pose a liability risk to the BWL and safety hazard to the public. The dams have been
deteriorating for several years and are in need of extensive repairs. Estimates for removal of the
dams as recommended by the Department of Natural Resources are projected to exceed the
appraised $357,400 value of the property. Portions of the property have limited marketability
other than to adjacent property owners and a significant portion of the property is located in the
100-year flood plain. The Village of Dimondale has developed a recreation plan, which they
hope to implement with the support of state grants. Their plan includes rabbling the dams to
create a natural rapids area and the construction of public recreational facilities on the adjacent
property. The elimination of future BWL financial obligations and liability risks and the public
benefit offered by the Village's recreational development plans support this property transfer.
Moved by Commissioner Royal, seconded by Commissioner Duncan, that the resolution be
approved.
Action: Carried unanimously.
17:33 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 14/20
Board Minutes Page 13
January 22,2002
esolutnon#2002'l=`
ACQUISITION OF EASEMENTS FOR ELECTRIC DISTRIBUTION FACILITIES
WHEREAS, the Board of Water and Light(BWL) and East-wood L.L.C. and Michael G. Eyde
(Eyde), as an individual, desire to enter into an Electric Service Agreement for a term of 15 _years
covering the furnishing of electric supply and delivery service to a commercial development
known as Eastwood Towne Center located on 192 acres on the northwest corner of Lake Lansing
Road and U.S. 127; and
WHEREAS, the BWL desires to purchase easements from Eyde to construct, install and
maintain its electric distribution infrastructure and such easements are in excess of$15,000.
RESOLVED, that the General Manager and Corporate Secretary or their designee are authorized
to purchase such easements from Eyde as are necessary to construct, install and maintain its
electric distribution infrastructure for service to Eastwood Towne Center, at a price of$1.18 per
sq. f1., not to exceed $392,000.
(See approval resolution below after#2002-1-9)
esoli hon 207---
INFRASTRUCTURE RECOVERY CHARGE
WHEREAS, the Board of Water and Light(BWL) and Eastwood L.L.C. and Michael G. Eyde
(Eyde), as an individual, desire to enter into an Electric Service Agreement for a temp of 15 years
covering the furnishing of electric supply and delivery service to a commercial development
known as Eastwood Towne Center located on 192 acres on the northwest comer of Lake Lansing
Road and U.S. 127; and
WHEREAS, to furnish such service the BWL will incur infrastructure expenses directly
attributable to Eastwood Towne Center that are in excess of amounts allowed by its Rules and
Regulations for Electric Service; and
WHEREAS, the BWL desires to recover increased expenses that are directly attributable to
Eastwood Towne Center from the customer(s)responsible for such increased expenses.
RESOLVED, that Staff will recommend the establishment of an Infrastructure Recovery Charge
to the Board of Commissioners at the next schedule rate hearing.
RESOLVED FURTHER, that the Infrastructure Recovery Charge will be for the purpose of
recovering those increased expenses necessary to provide electric distribution infrastructure costs
in excess of amounts allowed by its Rules and Regulations and that such charge will be limited
to the term of the Electric Service Agreement.
(See approval resolution below after 42002-1-9)
17:34 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 15/20
Page 14 Board Minutes
January 22,2002
esolutton ff.2002 I:
WAIVER OF ELECTRIC INFRASTRUCTURE INSTALLATION FEES
WHEREAS, the Board of Water and Light(BWL) and Eastwood L.L.C. and Michael G. Eyde
(Eyde), as an individual, desire to enter into an Electric Service Agreement for a term of 15 years
governing the furnishing of electric supply and delivery service to the commercial development
known as Eastwood Towne Center located on 192 acres on the northwest corner of Lake Lansing
Road and U.S. 127; and
WHEREAS, Eastwood Town Center is located in an area capable of being served by another
electric utility and is expected to generate $1,735,812 of retail revenue based on current
published BWL electric rates; and
WHEREAS, Eyde has requested the BWL to waive its normal and customary electric
infrastructure installation fees associated with trench footage, and its transformer KVA charges,
both as set forth in the current Rules and Regulations for Electric Service.
RESOLVED, that the General Manager is authorized to waive the BWL's normal and customary
trench footage and transformer KVA charges associated with the Eastwood Towne Center in the
event that Eyde fulfills the contractual obligations of the Electric Service Agreement.
Moved by Commissioner Creamer, seconded by Commissioner Duncan, that the resolutions on
Acquisition of Easements for Electric Distribution Facilities (42002-1-7), Infrastructure Recovery
Charge (42002-1-8), and Waiver of Electric Infrastructure Installation Fees (92002-1-9) be
approved.
Action: Carried unanimously.
esolutton 4=2002:I-I'0
NOx COMPLI.ANCE STRATEGY
RESOLVED, that the Board of Water and Light is required by the U.S. EPA and the State of
Michigan to reduce annual "Ozone Season"Nitrogen Oxide (NOx) emissions beginning in 2004.
The Ozone Season runs from May 1 to September 30 each year. During the 2001 Ozone Season
we generated 2,479 tons of NOx. The new limit for the BWL will be approximately 946 tons,
which represents a reduction of approximately 62%. To comply with the new requirements, the
following strategy will be adopted:
1. Optimize operation of existing "low NOx"burner systems to achieve a
reduction of approximately 307 tons.
2. On specific units, install new technology low NOx burners and "over-fire
air" systems to reduce NOx emissions by an additional approximately 672
tons.
3. Convert Erickson Station to burn Western Powder River Basin coal, which
will naturally result in lower NOx than the current fuel. This will reduce
17:35 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 16/20
Board Minutes Page 15
January 22,2002
NOx emissions by approximately 281 tons wlule reducing fuel expenses at
the plant by about 25%.
4. Purchase enough NOx credits each year (approximately 273 tons)to offset
the difference between our actual production using the above strategies
and the NOx allowance limit.
5. Continue to investigate new NOx control technologies as they emerge.
Staff Comments: The total capital required for the proposed strategy is $24,450,000. The net
present value (NPV) of 15-year cash flows, including both capital and O&M expenditures,
results in approximately a positive $9 million. The positive NPV is due to the lower costs of
PRB coal. It will be necessary to issue revenue bonds to finance the capital expenditures.
Moved by Commissioner Duncan, seconded by Commissioner Creamer, that the resolution be
approved.
Action: Carried unanimously.
esolution#;2002-1 T;1
INTENT TO REIMBURSE PROJECT EXPENDITURES WITH BOND PROCEEDS
AND AUTHORIZING PUBLICATION OF NOTICE OF INTENT TO ISSUE BONDS
WIIERE,AS, the Board of Water and Light(the "Issuer") proposes to issue its tax-exempt bonds
(the "Bonds") to finance the cost of improving the water, steam and electric utilities system of
the City of Lansing as hereinafter described (the "Project"); and
WHEREAS, it is anticipated that the issuer will advance all or a portion of the costs of the
Project prior to the issuance of the Bonds, such advance to be repaid from proceeds of the Bonds
upon issuance thereof; and
WHEREAS, Section 1.150-2 of the Treasury Regulations on Income Tax(the "Reimbursement
Regulations") specifies conditions under which a reimbursement allocation may be treated as an
expenditure of bond proceeds, and the Issuer intends by this resolution to qualify amounts
advanced by the Issuer to the Project for reimbursement from proceeds of the Bonds in
accordance with the requirements of the Reimbursement Regulations; and
WHEREAS, the issuer also desires to authorize certain staff and officers to undertake the
preliminary actions to secure approvals, if necessary,from the Michigan Department of
Treasury ("Department'),
NOIAT, THEREFORE, BE IT RESOLVED BY THE ISSUER, as follows:
1. The project shall consist of modifications to the facilities to reduce the amount of NOx
emissions produced. The planned modifications include, but are not limited to the
following: (i) Replacement of, or modifications to the existing burners and the
installation of over-fire (OFA) systems on each of the seven (7) electric generating units
located at the Eckert and Erickson Stations. (ii) Conversion of the Erickson station to
burn Powder River Basin (PRB) coal, which will significantly reduce the amount of
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iS tl�oII t,° to Iss u Set,$ aj,� t Ise C issuer, (i) app Y e artm
�` Staff o i''tel� b°ra c° n a,lager alf of theropriate,front the D but 11ot limited
rib a 111C1Udi11g, 011 wit}1
5 ,,oti�ce i°veab`J Gejleral d to, ° va1 as pp 7aivers ( 1111ecti bond
ate ap4 so}1, the d dire°te �f appr° of filings f°tj1 Departme}1t 111 agencies, e11t or
or d a'1 rder °tl� public
Chairp oriZe l or a}1° e aj1 wired) -Wrese�ltatiojlS to rarin the Departm u
}1e ut}1 ant to
T ally a nova a,1d�'` osit, 1f d nZakee ally Other filillgsu u Act 43,
6. Sever rior app ees to ait}1 dep a11i2e aj1dd f►zak ly is sought p
1 ed f
f r a)' atly ra aer of go ds; (ii) l 1tities, eve�lt appro 2�02• ict with this
p t}1e�,, sucll b 1y1a}101 1j1 O Le- M arc}1 1, be in confl
to, Sale of other f al entity feoti-Ve as they may
t es s insofar e r be
t1i esuretlle 1 g verN}1m}1 bec°rn e o�TesoI�non that th esolution
any o f 2001' d V.
CteameT,
Acts o uttons an sc�naea Co'alvll siona inajcates
11p11°i lea°ebejeby to seGo�ded by ae In the re$Olution ea to the
'1 es°l�'�°n net l°an' liciZed la a`ance GOpy Waso tthea e$Olution
d that eta e
Co" r the a
by ,11�issto y ardy Stan counsel aft
ast week• The retain ei
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packet 1
app Can by tla
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len.,aln una�tn
$oARD pF WATER & LIG
17:36 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 17/20
Page 16 Board Minutes
January 22,2002
NOx, produced during the combustion process. This conversion will include the
installation of new equipment and modifications to the boiler, combustion and fuel
handling systems and associated auxiliary systems.
2. The maximum principal amount of obligations expected to be issued for the Project is
$30,000,000.
3. The Issuer hereby declares its official intent to issue Bonds to finance the costs of the
Project; and hereby declares that it reasonably expects to reimburse the Issuer's advances
to the Project as anticipated by this resolution.
4. The Bonds shall be authorized by proper proceedings subsequent to this resolution.
5. Staff is authorized and directed to publish in a local newspaper of general circulation a
notice of intention to issue bonds substantially in the form attached, with such changes as
are approved by bond counsel, BWL counsel and staff.
6. The Chairperson, the General Manager and the Chief Financial Officer are each
severally authorized and directed to, on behalf of the issuer, (i) apply for an exception
from prior approval or an order of approval, as appropriate,from the Department and
pay any related fees to and make any other filings for waivers (including, but not limited
to, the waiver ofgood faith deposit, if desired) with the Department in connection with
the sale of such bonds; (ii) organize and make presentations to rating agencies, bond
insurers and other financial entities, and make any other filings with the Department or
any other governmental entity in the event approval is sought pursuant to Act 43, Public
Acts of 2001, which becomes effective 1Llarch 1, 2002.
7. All prior resolutions and parts of resolutions insofar as they may be in conflict with this
resolution are hereby rescinded.
Moved by Commissioner Duncan, seconded by Commissiona Creamer, that the resolution be
approved.
Discussion: General Manager Pandy stated that italicized language in the resolution indicates
new language added by the BWL's bond counsel after the advance copy was provided to the
Commissioners with their Board meeting packet last week. The remainder of the resolution
remains unchanged.
Action: Carried unanimously.
JAN-24-2002 16:49 BOARD OF WATER & LIG 96% P.17
17:36 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 18i20
Board Minutes Page 17
January 22,2002
esolutiori # 2002=:1
FISCAL 2002 CAPITAL BUDGET ADJUSTMENTS
The following Capital Projects for fiscal 2002 be adjusted and/or added:
Project Name Project Number FY2002 Original Revised FY2002 Reason for
Capital Capital Budget change
Budget
Electric vehicles& $ 885,000 $ 435.000 Purchase Delayed
Equipment
Small Tools& 2002-39 $ 416,000 $ 300,000 Purchase Delayed
Equipment Electric
Unprogrammed 2002-41 $ 50,000 $ 20,000 Purchase Delayed
Property Purchase
Turbine Recorders)-5 2002-103 $ 71,000 $ 36,000 ProjectEatended
Boiler#2&#Air Heater 2002-107 $ 840,000 $ 740,000 Cost Reduction
Retubing
Eckert Breeching $ 0 $ 100,000 Regulatory
Expansion Joints Requirement
Erickson Turbine $776,000 $650,000 Cost Reduction
Overhaul
Northeast Substation 1996-106 $1,00 $ 502,000 Project Schedule
Distribution Delayed
Outage Management 2001-112 $ 500,000 $ 0 Project Schedule
System Delayed
Eckert Generator Bus& 2001-114 $ 523,000 $ 375,000 Cost Reduction
Breakers
Electric Training 2002-111 $ 36,000 $ 18,000 Project Schedule
Upgrades Delayed
Landfill Remediation 1997-135 $750,000 $600,000 Project Cost Reduction
Facility Roof 2001-126 $ 150,000 $ 100,000 Project Schedule
Replacements Delayed
Meter Reading 2002-126 $ 125,000 $ 72,000 Project Cost Reduction
Equipment
Meridian Substation
138kw sub&ROW 1992-104 $ 225,000 1 $ 50,000 Project Delayed
Distribution 2001-127 $ 318,000 $ 0 Project Delayed
Transmission 2001-128 $ 318,000 $ 0 Project Delayed
Chilled Water Eyde 7 2002-123 $241,000 $ 0 Project Cancelled
Block
Chilled Water Chiller 6 2002-124 $1,455,000 $ 0 Project Delayed
NOwEricksonWestern $ 0 $1,090,000 Regulatory
Fuel Conversion Requirement
TOTAL $8,683, 000 1 $5,088,000
Staff Comments: This resolution is being submitted in accordance with Board Policy regarding
changes to the Capital Budget.
As a result of the recent review of BWL capital projects at the Finance Committee meeting on
January 17`h, staff has provided FY2002 Capital Budget modifications and a brief description of
the basis for change. The overall impact on the FY2002 Capital Budget as a result of the
changes listed is an overall reduction of$3,595,000.
Moved by Commissioner Duncan, seconded by Commissioner Royal, that the resolution be
approved.
JAN-24-2002 16:50 BOARD OF WATER & LIG 96% P.10
17:37 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 #91904 PAGE: 19/20
Page 18 Board Minutes
January 22,2002
Action: Carried unanimously.
GENERAL MANAGER'S REMARKS
Resources for Language Translation: General Manager Pandy reported that Human
Resources has followed up on a suggestion made by Commissioner Marin to obtain language
resources for major foreign languages to assist customer with communication needs. Translation
services for Spanish, Asian, French and Vietnamese languages have been located through
Michigan State University, Lansing Community College, and the Refugee Services.
EPA Extends Nitrogen Oxides (NOx) Emission Control Deadline. General Manager Pandy
reported that the Manager of Environmental Services forwarded a document describing that the
NOx compliance deadline is now officially May 31, 2004. The EPA Administrator announced
this decision in a letter to the U.S. House Energy and Commerce Committee and to members of
Congress in states affected by the caps. This is essentially a one-year extension for Midwest and
Southeast electric generating units to comply with NOx emission caps.
COMMISSIONERS' REMARKS
Customer Satisfaction Survey Follow Up. Commissioner Creamer stated that he was very
impressed with the positive Customer Attitude Survey results. He suggested a communication
piece from the Board Chair to welcome the news to the employees through a newsletter or the
BTVL Pipeline. Chairman Callen agreed with the suggestion and said he would follow up with
staff. General Manager Pandy mentioned that he plans to present the survey findings to all the
employees in various meetings throughout the system over the next month to communicate the
favorable results and to thank the employees for their role in achieving the high scores.
Board Retreat. Chainnan Callen reported on plans for the Board Retreat to be held on Friday,
March 15'h from 3 p.m. to 9 p.m. and Saturday, March 1& from 8 a.m. to 1 p.m. Jeff Tarbert,
Senior Vice President of the American Public Power Association, is scheduled to conduct an
educational session on instruction of being a Commissioner and the ramifications of that
responsibility. Commissioner Callen remarked that a couple of years ago, he enjoyed a 1-1/2-
day instructional seminar for policymakers, presented by Mr. Tarbert, which was very insightful.
Commissioner Callen will be meeting with Mr. Tarbert to discuss ways to condense the
instructional course to fit the schedule for the retreat on Friday, March 16a`. On Saturday
morning, the retreat will focus on issues specific to the BVATL with Mr. Tarbert acting as the
facilitator to permit full participation by all Commissioners. A draft of suggested issues for the
Saturday morning discussion will be compiled for Commissioner input as well as the General
Manager. Commissioner Callen noted that the BWL Strategic Plan for electric, water and steam
has been suggested as a topic for the retreat, but noted that it may better to address this important
subject at a future Committee of the Whole meeting to allow more time for in depth discussion.
He also noted that the Open Meetings Act requires that meetings be reasonably accessible to the
public; consequently, the retreat it will be held locally. The location is yet to be determined.
JAN-24-2002 16:51 BOARD OF WATER & LIG 96% P. 19
17:38 JAN 24, 2002 ID: BOARD OF WATER & LIG TEL NO: (517) 702-6203 *91904 PAGE: 20/20
Board Minutes Page 19
January 22,2002
EXCUSED ABSENCE
On motion by Commissioner Royal and seconded by Commissioner Duncan, that the absences of
Commissioners Christian and Wonch be excused.
Carried unanimously.
PUBLIC COMMENTS
THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO
SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT.
No persons spoke.
ADJOURNMENT
There being no objection, the meeting adjourned by unanimous consent at 6:44 p.m.
/s,/1Llary E. Sova, Secretary
Filed with Lansing City Clerk
January 24, 2002
JAN-24-2002 16:51 BOARD OF WATER & LIG 96% P.20