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HomeMy WebLinkAbout1996 Minutes BWL MINUTES OF BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT Tuesday,January 23, 1996 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman Hassler. Present: Commissioners Christian,Evans,Hassler,Lontz, O'Leary, Pratt,Royal, Strolle-8 Absent: None The Secretary declared a quorum present. The Invocation was delivered by Chairman Hassler. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES BY COMMISSIONER STROLLE -- SECONDED BY COMMISSIONER EVANS That minutes of regular rescheduled session of December 19, 1995,be approved as filed. Adopted unanimously. PUBLIC COMMENTS CHAIRMAN HASSLER ANNOUNCED THAT MEMBERS OF THE PUBLIC WILL BE AFFORDED THE OPPORTUNITY TO ADDRESS THE COMMISSIONERS REGARDING ANY ITEM ON THE AGENDA AT THE TIME SUCH ITEM IS OPEN FOR DISCUSSION BY THE COMMISSIONERS. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO AT THIS TIME OR IMMEDIATELY PRIOR TO ADJOURNMENT. Charles(Chuck)J. Clark. Partner, Ottawa Park Associates, Developers(OPAD), made his intention known that he wishes to speak on the Ottawa Station redevelopment project when this item comes up for discussion on the agenda. Charles E. Rathbun, 515 Jason Court. Lansing,told the Board that Lansing's fluoridated water is endangering his health. He indicated that he has no objections with the taste of the water;but said that the fluoride in the water offsets the effect of his medications. Mr. Rathbun related to spots that appear on his skin from drinking fluoridated water and eating food cooked in the water. This matter was referred to Administration and Water Utility Director. Clyde Dugan, who met with Mr. Rathbun immediately after the Board meeting to discuss his concerns on fluoridation. Page 2 Board Meeting Minutes January 23, 1996 COMMUNICATIONS No communications received. COMMITTEE REPORTS COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on January 9, 1996, to receive update presentations on the following matters: 1. General Motors Steam Contract 2. Electric Competition 3. Suggestion Program 4. Extension of Tree Trimming Services Contract Present were Commissioners Christian,Evans, Hassler, O'Leary,Pratt,Royal,and Strolle. Excused Absence: Commissioner Lontz(business commitment in Gaylord). General Motors Steam Contract. The status of the General Motors(GM)and BWL steam contract issues being negotiated was presented by Steam Utility Director Joette Woodard-Yank. She reported that since GM's Small Car Group is interested in entering into contracts for all three BWL utility services, common contract provisions are being developed. Provisions agreed to in concept were reviewed along with major considerations still under discussion. A deadline of January 19 has been established for developing draft language for the common contract provisions. An overview of the Steam Service Contract with General Motors will be presented at the Committee of the Whole meeting on February 11 1996, for final Board consideration at the regular meeting of February 27, 1996. Electric Competition. Electric System Control Director Bill Cook and Treasurer/Controller Dana Tousley presented an update on the progress of strategies developed to meet and beat the competition in the electric utility industry. Issues identified by the Electric Competition Task Force were first presented to the Commissioners at a Committee of the Whole meeting held February 28, 1995. Mr. Cook outlined the recommendations presented by the task force and reviewed staff activities and accomplishments to date. Mr. Tousley reviewed a proposed timeline for electric and steam rate changes, if any are required. New Suggestion Program. A proposed employee reward and recognition system called Visible Improvement Program(VIP)was highlighted by Corporate Planning Director Roger Ophaug and Manager of Total Quality Program 011ie Kingsbury. The VIP would replace the current suggestion program and is designed to work in conjunction with the Total Quality Improvement(TQI)process and increase the number of improvement solutions contributed by BWL employees. The VIP contains streamlined processes to ensure timely review of suggestions.encourages participation from all employees, and strives to involve employees in solution implementations. The VIP would be monitored by an oversight committee.comprised of management and union members, to assure the program Is success. Following discussion. the Board authorized staff to convene a special conference with Bargaining Unit representatives to discuss the proposed program. Subject to union concurrence,a resolution authorizing implementation of the VIP will be included in the General Manager's Recommendations for Board consideration at the regular meeting of January 23, 1996. Staff will evaluate the performance of the VIP after it has been in effect for one year, and will report the results to the Board. Board Meeting Minutes Page 3 January 23, 1996 Extension of Tree Trimming Contract. Electric Transmission&Distribution Director Dave Emmons presented the results of a BWL team assigned to evaluate tree trimming services provided by Nelson Tree Service. Inc. Nelson's contract with the BWL is due to expire February 29, 1996. The team concluded that it would be in the BWL's best business decision to retain Nelson Tree Service,with no price increase over 1995 pricing, and guaranteed three-year price protection. Mr. Emmons reported that historically there has been fairly strong competition for the tree trimming contract, and the decision to extend the- contract vs. using a competitive bid process was fully evaluated by the team. Nelson Tree Service was chosen three years ago through a competitive bid process because they scored high on the evaluation with no high risk threats. Stalling and equipment were the highest weighted selection criteria. A benefit of contract extension in this circumstance is continuity of performance and program quality. The Commissioners discussed the advantages and disadvantages of retaining a supplier when quality, service, relationship and pricing are right for both parties. Following discussion, there appeared to be a consensus to award a contract extension to Nelson Tree Service,Inc. The General Manager's Recommendations will include a resolution to extend the contract with Nelson Tree Service, Inc. for three years for Board consideration at the regular meeting of January 23, 1996. The topics presented at the Committee of the Whole meeting were informational items only, and no action was taken. Respectfully submitted, Dave O'Leary, Chair Pro Tern CONUvUTTEE OF THE WHOLE BY COMMISSIONER O'LEARY— SECONDED BY COMMISSIONER EVANS That the Committee of the Whole Report be received as presented. Adopted unanimously. GENERAL MANAGER'S RECOMMENDATIONS ADMINISTRATIVE Res. No.96-1-1 That the Board retain the services of Energy Services Group,Inc., (ESG)to assist the Board of Water and Light(BWL)with fuels procurement related matters. More specifically, ESG will be assisting with the economic analysis associated with the acquisition of private rail car equipment and a market analysis of future fuel opportunities to maximize BWL's competitive position,and any other fuel supply related matters that may arise on an as-needed, as-required basis. Page 4 Board Meeting Minutes January 23, 1996 The recommendation of utilizing the services of Energy Services Group, Inc., is based on a sole source bid. ESG assisted the BWL in its most recent coal and transportation contract negotiations and has a very thorough understanding of BWL operations. This use of ESG's services will cover the period from January 1 to December 31. 1996 and will be paid at an hourly rate of$135 with a total estimated cost of$15,000(exclusive of travel and lodging). Res. No.96-1-2 That the Board approve a lease agreement with Arkansas Power&Light c/o ENTERGY Services, Inc., of Beaumont,Texas for the lease of rail cars to be used in the transport of coal, subject to approval as to form by the BWL's legal counsel. The lease agreement particulars are as follows: 1. The term of this agreement will be thirty-six(36)months. 2. ENTERGY Services, Inc., will provide eighty-three(83)used rotary dump gondola rail cars. 3. The lease rate will be$340.00 per car/month(full service-inclusive of all normal maintenance expenses). By entering into this lease agreement with ENTERGY Services, Inc., the BWL will be able to guarantee car supply for a portion of its annual needs. The rail cars will be utilized in dedicated service to Erickson Station. The CSX Transportation and CN North America railroads have given the BWL a transportation rate reduction incentive of$1.70 per ton for the use of private(non-railroad owned or leased)rail cars. The lease rate equated to a per ton amount is projected to be between$1.19 -$1.30. This lease agreement is projected to yield an annual transportation savings between$103,950 and$144,075. The ENTERGY Services,Inc.Proposal is the best evaluated proposal when considering the lease rate, rail car carrying capacity, and overall rail car condition. Other proposals were received from: RAILCAR LTD.,Helm Financial Corporation,RESIDCO, InterRail, Inc., David J. Joseph Co., G.E. Capital, and Greenbrier. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER CHRISTIAN That Resolutions 96-1-1 and 96-1-2 be approved as submitted. Adopted unanimously. Board Meeting Minutes Page 5 7anuary 23, 1996 CORPORATE PLANNING Res. No. 96-1-3 It is recommended that: 1. The present Suggestion Plan which was effective September 1. 1987 be phased out as soon as all existing suggestions submitted under the Plan have been evaluated or resolved. 2. A Visible Improvement Program(VIP)be approved and implemented as of March 1. 1996 to replace the present Suggestion Plan. 3. The General Manager be authorized to Administer the Visible Improvement Plan. The Board of Water and Light has had a suggestion program since 1965 to encourage employees to suggest improvement opportunities. Employee participation is decreasing and the process needs to be streamlined. The VIP is designed to enhance,grow and build on the present suggestion plan. In addition to encouraging employees to submit improvement ideas,the VIP contains a streamlined review process and involves the employee in the implementation of the suggested improvement. Under VIP, employees will receive points for improvement ideas upon implementation of the idea. The points can be accumulated and redeemed for gift certificates which can be used to purchase merchandise. The present Suggestion Plan has cash awards paid upon approval of the suggestion rather than on implementation. Under the present Suggestion Plan, awards are subject to tares being withheld, reducing the amount of the award. Under the VIP plan, the taxes would be paid by the Board of Water and Light. To encourage employees to submit ideas for improvement, a bonus merchandise award will be given to an employee for the employee's first implemented idea each year. This is new and would be in addition to calculated award for the idea. Employees who have submitted suggestions under the existing Suggestion Plan which have not been evaluated prior to implementation of VIP will be given the opportunity to have them evaluated under that plan or they can resubmit the suggestion under the VIP. VIP also supports the Total Quality Improvement(TQI)Program and one of the objectives to bring employee involvement programs under one umbrella. The VIP can be used to recognize and reward TQI teams and in conjunction with other employee involvement programs. A Special Conference was held with representatives of the Bargaining Unit and concurrence for replacing the present Suggestion Plan with the Visible Improvement Program was obtained. In accordance with the TQI principles,the performance of the VIP will be monitored during the year and the results reported to the Board of Commissioners after it has been in effect for one year. -------------------- Page 6 Board Meeting Minutes January 23, 1996 General Manager Pandy distributed a memo from Corporate Planning Director Roger Ophaug, dated January 23. 1995, relative to a lease with New Tower Inc. The Board was advised on February 28, 1995, of New Tower's interest to install a radio tower on the Riverside Sludge Pond area. Mr. Pandy noted that the property covered by the Lease Agreement is a portion of two separate parcels purchased for Water Utility purposes. Both parcels were purchased with BWL funds--the first parcel in 1923 for$3,000 and the second parcel in 1939 for$6.700. There being no objections. the following recommendation was added to the General Manager's Recommendations for Board consideration: CORPORATE PLANNING-(Addendum) Res. No.96-1-10 RE: Authorization to Lease Real Property OWNER: Board of Water and Light LEASE TO: New Tower, Inc.,Lansing,Michigan GENERAL DESCRIPTION: Aurelius Road Sludge Ponds ADDRESS/LOCATION: 2000 E. Main Street, Lansing TERM: Twenty(20)Years with Automatic Renewal for 20 year increments unless canceled by New Tower, Inc. with one year written notice. TYPE OF TRANSACTION: Lease of Excess/Surplus Property. CONSIDERATION: Annual Rental Fee of$1 500 00 increasing by$100 00 per year on each of first five anniversaries and increasing each year thereafter by percentage of annual increase in CPI(All Cities). BWL to have space and access on Tower for paging equipment. Legal Description: That part of Outlot C of Leslie Park Subdivision, City of Lansing, Ingham County, Michigan as recorded in Liber 4 of Plats Page 2, Ingham County Records described as: Beginning at a point on the North line of Grand Trunk Western Railroad N890 29'00"E 757.09 feet from the Southwest corner of Lot 38 of Avis Subdivision, as recorded in Liber 9 of Plats.Page 30, Ingham County Records; thence N00°31'00"W 500.00 feet; thence N890 59'5711E 453.09 feet to a point on the Westerly bank of the Red Cedar River, thence along the intermediate traverse line the following two courses: S040 11, 55"W 170.33 feet and S050 16' 30"W 327.84 feet to said North line and the end of said intermediate traverse line. thence S890 29'00"W along said North line 405.99 feet to the point of beginning; said parcel containing 4.92 acres more or less; said parcel subject to all easements and restrictions, if any. The described property is in the flood plain area of the Red Cedar River and is not suitable for any known or anticipated future utility use. It is therefore excess/surplus property available for lease to New Tower for installation of a radio tower, associated building and ground grid. Board Meeting Minutes Page 7 January 23, 1996 BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER CHRISTIAN That Resolutions 96-1-3 and 96-1-10 be approved as submitted. Adopted unanimously. - TECHNICAL SERVICES DIVISION Res. No. 96-1-4 It is recommended that three(3)year agreements for general construction and erection services be awarded to: 1. Christman Constructors, Inc., Lansing,Michigan 2. Clark Construction Company,Lansing,Michigan 3. Moore Trosper Construction, Inc.,Holt,Michigan Other bidders were: Granger Construction Company declined to bid;Haussman Construction Company and Kares Construction Company, Inc. did not submit proposals. The decision to contract for construction and erection services is based on reducing the time and costs to prepare formal specifications and contracts for small capital or maintenance projects. These Contractors will be utilized on an as-needed basis. A scope of work, detailed specifications and drawings will be provided to the Contractors to enable them to provide pricing for the work. The Contractors will be requested to quote on a "firm- lump-sum cost not-to-exceed"basis; or depending upon the scope, the project costs may be based on previously agreed to labor and material rates and mark-ups. The utilization of these Contractors will be approved by the General Manager,Division Directors or Department Managers.based on delegated purchasing authority. Res. No. 96-1-5 It is recommended that three(3)year agreements for electrical construction and erection services be awarded to: 1. Hatzel&Buehler, Inc.. Ann Arbor,Michigan 2. F. D. Hayes Electric Company, Inc..Lansing,Michigan 3. Lansing Electric Motors. Inc.,Lansing,Michigan Other bidders were: Superior Electric of Lansing, Inc. Newkirk Electric Associates Inc. declined to bid. C&L Electric, Inc.,Lutz Electric Construction Co., and Quality Electric, Inc. did not submit proposals. Page 8 Board Meeting Minutes January 23, 1996 The decision to contract for construction and erection services is based on reducing the time and costs to prepare formal specifications and contracts for small capital or maintenance projects. These Contractors will be utilized on an as-needed basis. A scope of work,detailed specifications and drawings will be provided to the Contractors to enable them to provide pricing for the work. The Contractors will be requested to quote on a"firm- lump-sum cost not-to-exceed"basis; or depending upon the scope,the project costs may be based on previously agreed to labor and material rates and mark-ups. The utilization of these Contractors will be approved by the General Manager,Division Directors or Department Managers,based on delegated purchasing authority. Res. No.96-1-6 It is recommended that three(3)year agreements for mechanical construction and erection services be awarded to: 1. Davy Songer,Incorporated,Romulus, Michigan 2. Northern Boiler Mechanical Contractors.Muskegon, Michigan 3. Monarch Welding&Engineering, Inc..Hazel Park,Michigan Other bidders were: Goyette Mechanical Company, T. H. Eifert, Inc., John E. Green Company, and William E. Walter. Inc. Detroit Boiler Company, Fisher&Wright, Inc., and Shaw Winkler, Inc.,did not submit proposals. The decision to contract for construction and erection services is based on reducing the time and costs to prepare formal specifications and contracts for small capital or maintenance projects. These Contractors will be utilized on an as-needed basis. A scope of work,detailed specifications and drawings will be provided to the Contractors to enable them to provide pricing for the work. The Contractors will be requested to quote on a"firm- lump-sum cost not-to-exceed"basis;or depending upon the scope,the project costs may be based on previously agreed to labor and material rates and mark-ups. The utilization of these Contractors will be approved by the General Manager,Division Directors or Department Managers, based on delegated purchasing authority. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER EVANS That Resolutions 96-1-4. 96-1-5, and 96-1-6 be approved as submitted. Adopted unanimously. Board Meeting Minutes Page 9 January 23, 1996 TREASURER/CONTROLLER Res. No. 96-1-7-NO ACTION-REFERRED BACK TO STAFF FOR REVIEW. RESOLVED, that the present car allowance reimbursement rates effective December 1, 1992. applicable to BWL employees required to provide personal transportation in performing their respective job assignments, be amended effective January 1, 1996-as follows: That the per mile reimbursement rate for both Plan A and Plan C be set at the Standard Business Mileage Rate announced annually by the IRS;as of December 31, 1995 this rate is 30 cents per mile(IRS will revise for 1996 when Budget impasse resolved). Plan A-Standard Business Mileage Rate for all miles driven. Plan C -Minimum monthly allowance based on 200 miles and all miles driven above 200 at the Standard Business Mileage Rate. ($60.00/month plus 30 cents per mile above 200 miles). Further. that all other procedures under the plans as adopted July 1980 and amended July 1985. remain in effect, except the provision that car allowance plans be reviewed annually. The Standard Business Mileage Rate is adjusted annually by the IRS, thus the survey of corporate practices will be performed only every three years, and BWL car allowance plans will be revised as conditions warrant. The above revisions will result in an estimated net annual savings of$21,717. A review of BWL car allowance plans and the annual survey of car allowance rates and practices of other utilities and Lansing area firms reveals the following: Estimated cost of owning and operating an automobile in the Lansing area is 31.9 cents per mile(6.5 cents variable and 25.4 cents fixed). This is a 3.9%increase since October 1992. Surveyed entities reimburse at 21 to 30 cents per mile. Majority surveyed tie their mileage reimbursement rate to the Standard Business Mileage Rate established annually by the IRS. IRS adjusts annually for inflation. No other entity surveyed maintains a fixed monthly reimbursement rate(BWL current Plan Q. BWL Plan C average reimbursement was 56.0 cents per mile. During FY 1995. BWL paid$111,768 for auto mileage reimbursement. Chairman Hassler announced that staff has requested to have this item pulled from the agenda for further review and discussion. There being no objections,Resolution 96-1-7 was referred back to staff. Res. No.96-1-8 Authorize a three year contract extension for Trimming of Trees and Related Work along Electric Lines Owned and Maintained by the Board of Water and Light to Nelson Tree Service. Inc., Dayton,Ohio, from March 1. 1996 to February 29, 1999. Pricing is firm for the contract period and is based on the projected work hours of a four crew operation. Actual hours worked may vary. Based on the projected level of services,the estimated annual costs are: Year One, $554,756.80: Year Two. $554.756.80 and Year Three, $554,756.80. The estimated three-year total is$1,664,270.40. -------------------- Page 10 Board Meeting Minutes January 23, 1996 The award of the contract extension is based on a team evaluation process that identified retaining Nelson Tree Service. Inc., with no price increase over 1995 pricing, and guaranteed three-year price protection, as the best business decision for BWL tree trimming services. Nelson Tree Service. Inc.,was the best evaluated contractor based on a competitive bid evaluation when they were awarded the tree trimming contract in 1993. A competitive bid process will be made at the end of the contract for future selection of a supplier for tree trimming. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER CHRISTIAN That Resolution 96-1-8 be approved as submitted. Adopted unanimously. WATER Res. No. 96-1-9 That Board of Water and Light charge for 6 inch and 8 inch watermain installations be changed to$21.25 per foot,effective January 1, 1996. This is a 3.7%increase over the current charge. That Board of Water and Light charges for public fire-hydrant installations on mains 12 inches and smaller be changed to$1,750 per hydrant,effective January 1, 1996. This is a 7.7%increase over the current charge. ----------------- The watermain and hydrant installation charges are based on the three previous years of BWL average costs for that type of work. trended to July 1, 1996, the middle of next year's construction season. The above trending factors were obtained by using indices from the Handy Whitman Index, a well-recognized publication of trends in public construction. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER CHRISTIAN That Resolution 96-1-9 be approved as submitted. Adopted unanimously. Board Meeting Minutes Page 11 January 23, 1996 GENERAL MANAGER'S REMARKS General Manager Pandy briefed the Commissioners on the following items: Financial Reports. A copy of BWL's Budget Variance Analysis through December, 1995,was distributed for review. The report shows unit sales for Water at 1.5%above budget,Electric unit sales at 8.7%above budget,and Steam unit sales at-1.4%below budget. Mr. Pandy noted that when Steam sales for December and January are factored in, due to the cold weather experienced, Steam sales should return to the budget level. In total, Gross Revenues are 7.8%above budget and total Expenses are-2.3%below budget. He further noted that the BWL is closer to targeted rates of return for the Water and Electric Utilities, however,the Steam Utility is still lagging. The Board will receive an update report on the proposed Steam Service Contract with General Motors at the Committee of the Whole meeting scheduled for February 13. Mr. Pandy reported that Consolidated Financial Statements through December, 1995, indicate the BWL's employee count is at 767 permanent employees,which is identical to the same time period last year. Ottawa Station Site Reclamation Grant Application. A letter from the State of Michigan's Department of Environmental Quality(DEQ),dated January 12, 1996, regarding a Site Reclamation Grant Application was distributed. Mr. Pandy reported that the DEQ has exhibited a cooperative attitude by trying to assist the BWL with the environmental aspects of the Ottawa Station redevelopment project. He explained that an application for site assessment funds would be submitted to the DEQ by the City of Lansing as the eligible entity. The City's Public Service Department is cooperating with the BWL by trying to obtain grant funding to assist with site reclamation costs. Ottawa Station Redevelopment Project Update. Mr.Pandy reported that the Oldsmobile Vision Center is closer to making a decision on relocating the Vision Center in the Ottawa Station. He referred to an article in the LANSING STATE JOURNAL, dated January 20, 1996,which reports on Mayor Hollister's optimism that discussions with Oldsmobile will lead to an announcement within 30 days that the Vision Center will relocate its facility from Troy,Michigan, to the Ottawa Station. A letter from Sparrow Health System,dated January 16, 1996, was handed out advising that their market and financial feasibility study of the proposed fitness center in the Ottawa Station renovation project is expected to be completed by mid-February. A letter from Ottawa Park Associates,Developers(OPAD), dated January 22, 1996,was handed out requesting a deadline extension until the next scheduled Board meeting on February 27th for submission of a tenant list for the Ottawa Station development project. Chuck Clark told the Commissioners that OPAD has made steady progress with their tenant group,but that additional time would be needed for Oldsmobile and Sparrow to complete their ongoing evaluation on the cost and feasibility of leasing space in the Ottawa Station. He reiterated that Oldsmobile and Sparrow Hospital are showing strong interest in the Ottawa development. Commissioner Christian asked Mr. Clark that if the Board authorizes an extension to February 27, 1996, whether the additional 30 days was a realistic deadline. Mr. Clark responded that he felt the February 27 date was a realistic time frame to submit written commitments from the major tenants.. He said that OPAD plans to meet with the tenant group and HN f B Architects in February to finalize space requirements. He noted that drawings with specific square footage plans would not be produced in time for the February 27th meeting. Page 12 Board Meeting Minutes January 23, 1996 Commissioner Evans asked if"Plan B"discussions would be appropriate at this time. Mr. Clark stated that the potential major tenants are likewise anxious to make their decision as quickly as possible. He added that there is nothing to be gained by extending the process. Commissioner Lontz expressed concern with granting a second extension because a contingency Plan B is not in place. He noted that if granting the extension is the consensus of the Board he would go along with it. Chairman Hassler suggested discussing this matter further at the Committee of the Whole meeting scheduled on February 13th, and the Commissioners concurred. General Manager Pandy reminded the Commissioners of Thomas J. Coates' letter to the Board,dated October 16, 1995, stating that as the runner-up firm they would be willing to come back to discuss the redevelopment project in the event OPAD is unable to satisfy requirements specified by the Board's resolution. Mr.Pandy stated that he also shares Mayor Hollister's optimism on Oldsmobile's Vision Center becoming a major tenant in the Ottawa Station. Following discussion, the Board agreed to grant Ottawa Park Associates, Developers(OPAD)a deadline extension to February 27th. By that time the potential tenants are expected to commit in writing and OPAD is to present its plans to the Board. U.S.Water Prices. A copy of a memo from Water Utility Director Clyde Dugan,dated January 18, 1996,was handed out which reports on U. S. water prices for industrial users. Statistics comparing BWL water rates are based on 220,200 gallons(294.4 CCF)per month, with a 2 inch meter,as of July 1, 1995. Mr. Pandy reported that BWL water rates compare favorably nationally($385.12/mo. or 7.6%above the U.S. average of$357.88/mo.)and especially in our region(Region V at$383.29/mo. or 7.1%over the national average). Mr. Pandy noted that when you consider that only 21%of utilities soften the water, which is a major cost component, the BWL ranked especially well. Data based on U.S. water prices was taken from the January 1996 issue of WATER WORLD. Electric Competition. A handout was distributed regarding Governor Engler's outline for moving Michigan's electric industry into a more competitive type of model. Mr. Pandy stated that the outline has many points the BWL is concerned about. He said that it seems to be patterned after proposals made by Consumers Power Co. and Detroit Edison Co. Staff is working with the BWL's lobbyist,Kheder& Associates, in finalizing a draft position paper. Mr. Pandy referred to the January 15, 1996, issue of ELECTRIC UTILITY WEEK, which reports on deregulation and electric competition issues. He noted that these items will be discussed at the Committee of the Whole meeting scheduled for February 13th. Lawsuit Against the City of Lansing Filed by a Former BWL Employee. General Manager Pandy reported that a lawsuit was filed by former BWL employee. James Harken,against the City of Lansing naming various city officials as defendants. He noted that the officers of the Board and some BWL employees are named in the complaint,although the BWL is not a party in the lawsuit. The Commissioners were briefed regarding the complaint. General Manager Pandy to Travel to China. Mr.Pandy reported that he plans to travel to San Ming, China, from January 24-29, 1996,on a goodwill mission. The purpose of the trip is to establish trade and Sister City relations with San Ming. Since the trip does not relate to BWL business,there will be no expenses for the BWL. Technical Services Director John Elashkar will be in charge in Mr.Pandy's absence. Board Meeting Minutes Page 13 January 23, 1996 BWL Recognized by the U. S. Marine Corps. A certificate was received from the U. S. Marine Corps recognizing the BWL's outstanding support to the Toys for Tots campaign. Mr. Pandy noted that this is particularly an effort of the BWL's Community Events Committee. Southern Engineering International. Representatives from Southern Engineering International of Atlanta, Georgia, met with BWL Electric Utility staff last week to discuss potential market possibilities. General Manager Pandy stated that Southern Engineering International continues to consider the Midwest as a feasible region to build a utility plant. He noted that the BWL may be able to develop a business relationship with them,as they appear interested in Michigan as a potential market for power pool resources. Input Received on Integrated Resource Plan. The Integrated Resource Plan Citizen's Advisory Committee,consisting of 12 citizens involved in identifying values important to the community as the BWL develops its plan to meet future electric and steam needs,held its third meeting to wrap up discussions. A report on the advisory committee's input is being finalized. REMARKS BY COMMISSIONERS Commissioner Strolle greeted Councilmember Harold Leeman,who was in the audience,and officially welcomed him as a new City Council Member. Commissioner Lontz congratulated Steam Utility Director Joette Woodard-Yauk for her excellent article on chlorofluorocarbons.which appeared in a publication entitled.District Energy, Vol. 81, Number 1, Third Quarter. 1995. Commissioner O'Leary remarked that he has received many nice comments on the BWL's publication of its first-ever BWL Owner's Manual. He congratulated staff for an excellent communication piece and wide distribution as an insert in the LANSING STATE JOURNAL. Communications Director John Strickler and Public Information Analyst Nancy Tarras were acknowledged for their efforts in producing the handbook. ADJOURNMENT On motion of Commissioner Royal, the Board adjourned at 6:10 p.m. A - L". Mary E. So�retary Filed: January 26, 1996 Marilynn Slade. City Clerk r f �•�; i ._ � - .� i .. y a _ i_, ,_ .. -ar _ -�" �+ Board of Water and Light, Lansing,Michigan Original Sheet No.EB12-1 LARGE CAPACITY ELECTRIC SERVICE RATE NO. 8 Multiple Delivery Point Aggregation -The 15-minute period demands of multiple delivery points of a customer shall be summed for determination of the total On-Peak Billing Demand under the following conditions: (a)the Maximum Demand determined at each delivery point must equal or exceed 1,000 kW; and (b)the total On-Peak Billing Demand shall not be less than 25,000 kW. Aggregation shall be applicable for determination of the On-Peak Billing Demand only. All other charges,including the Basic Service Charge and Maximum Demand, shall apply to each delivery point independently. Meterine-When the BWL elects to measure the service on the secondary side of the transformers,the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation,consumption as registered by the different meter installations will not be combined for billing purposes, but will be billed and computed separately except as provided for Multiple Delivery Point Totalization. Equipment Supplied by Customer-The customer shall be responsible for furnishing, installing and maintaining all necessary transforming, controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL, a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service which are incorporated herein by this reference. Adopted: Proposed Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 2nd Revised Sheet No. EB13 OUTDOOR LIGHTING SERVICE RATE NO. 9 Availability-This rate is available to any customer located«ithin the Board of Water and Light(BWL) service area for dusk to dawn lighting of customer's premises. All lights will be furnished and maintained by the BWL and will be installed so as to overhang private property from existing or new poles set at points accessible to BWL constniction and maintenance equipment. This rate is not available for purposes of street, highway, or public thoroughfare lighting. Monthly Rate- Shall be computed in accordance with the following charges. Luminaries on Overhead Mast Arm on existing BWL poles High Pressure Sodium 100 W $ 8.15 250 W $13.75 400 W $14.70 Mercury Vapor' 175 W $ 8.55 400 W $14.70 Floodlighting Luminaire on Bracket Ann on existing BWL poles High Pressure Sodium 100 W $11.65 250 W $14.60 400 W $17.10 In the event additional facilities or rearrangement of existing facilities are required, the BWL shall install, operate and maintain such facilities for the following monthly charges. Type of Facilities 35-foot wood poles including span of overhead secondary extension $4.75 per pole 37-foot concrete pole including span of overhead secondary extension $11.30 per pole Other facilities,hand set poles,or rearrangement of existing facilities 1.67% of est. cost Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board's property, or its operation, or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Rules and Regulations -Service under this rate is subject to the BWL Rules and Regulations for Electric Service which are incorporated herein by this reference. 1 Rates apply to existing luminaires only and are not open to new business. Adopted:Proposed Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 2nd Revised Sheet No. EB14 OUTDOOR LIGHTING SERVICE RATE NO. 9 Service Contract-A written service agreement shall be entered into to take BWL service for a term of years determined as follows: (a) One year, if additional facilities are not required, or (b) Three years, if additional facilities are required (c) Five years, if monthly charges calculated at 1.67%of estimated cost, (d) Ten years, if special contractual arrangements are made. In the event the customer discontinues service before the end of the agreement term, the established rate for the remaining portion of the agreement shall immediately become due and payable. The BWL will replace lamps or make repairs as soon as practicable after the customer has reported that the installation requires servicing. Such replacements and repairs will be made during regular working hours. The BWL may refuse or restrict the service provided in this rate to seasonal type customers and/or may require such customers to pay for the service annually in advance where the permanency of the customer is doubtful or has not been demonstrated by the customer. If relocation, including adjustment, of the outdoor protective light or relocation of other facilities used in connection«ith the light is desired by the customer during the term of the contract, the BWL will provide this service, if feasible, at the customer's expense. Adopted:Proposed Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan Original Sheet No.EB14-1 PROCESS HEATING ELECTRIC SERVICE RATE NO. 10 Availabilitv-This rate is available to any customer desiring primary voltage sendce under the following conditions: (a)the electrical requirements are supplied at one point of delivery through one metering installation(except as provided below for Multiple Delivery Point Aggregation); (b)the Maximum Demand is 1,000 kW or more; (c)heat derived from electricity is an integral part of the customer's manufacturing process; (c)such process heating equipment has a total connected load of 1,000 kW or more, and accounts for at least 50%of total kWh consumption; (e)all, or a portion of, the process heating load, not less than 1,000 kW, is curtailable;and(f)the customer agrees to a service contract with the BWL for the customer's full electrical service requirements,including provisions for load curtailment,for a period of not less than ten(10)years. This rate is not available for standby or emergency service. Nature of Service-Alternating current, 60 hertz, three phase. The primary voltage to be determined by the Board of Water and Light(BWL). Monthlv Rate-Shall be computed in accordance with the following charges: Basic Service Charge $250.00 per customer per month or pan thereof Capacity Charge $50.00 per kW for all Curtailment Period Demand in excess of Firm Capacity Energy Charge $0.0740 per kWh for the first 100 hours use of Maximum Demand, plus $0.0350 per kWh for the excess kWh Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh The minimum charge shall be the sum of(a) the Basic Service Charge, (b)the amount of$2.00 times the Maximum Demand,and(c) the amount of$6.90 times the Firm Capacity. Energy Cost Adiustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule which is incorporated herein by this reference. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees, franchise fees,or any other charges against the Board's property,or its operation,or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand Firm Capacity: A specified capacity(in hundreds of kW)as set forth in the electric service agreement with the BWL sufficient to meet the customer's requirements for non-curtailable service at any time. Curtailment Period Demand: The kW supplied during the 15-minute period of maximum use during any period of curtailment as defined by the electric service agreement with the BWL. Maximum Demand: The Maximum Demand shall be the kW supplied during the 15-minute period of maximum use during the month but not less than 60%of the highest Maximum Demand in the preceding eleven(11) months, and not less than 1,000 kW. Adopted: Proposed Effective: January 1. 1997 Board of Water and Light,Lansing, Michigan Original Sheet No. EB14-2 PROCESS HEATING ELECTRIC SERVICE RATE NO. 10 Multiple Dclivery Point Aggregation -The 15-minute period demands of multiple delivery points of a customer may be summed for determination of the total Curtailment Period Demand under the following conditions: (a)the Maximum Demand at each delivery point must equal or exceed 100 kW; and(b)the total Maximum Demand shall not be less than 4,000 kW. Aggregation shall be applicable for determination of the Curtailment Period Demand and related charges only. All other charges, including the Basic Service Charge, shall apply to each delivery point independently. Metering-When the BWL elects to measure the service on the secondary side of the transformers, the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation, consumption as registered by the different meter installations will not be combined for billing purposes,but will be billed and computed separately except as provided for Multiple Delivery Point Totalization. Equipment Supplied by Customer-The customer shall be responsible for furnishing, installing and maintaining all necessary transforming,controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL, a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service which are incorporated herein by this reference. Adopted: Proposed Effective: January 1. 1997 Board of Water and Light, Lansing,Michigan 1st Revised Sheet No. EB15 TRAFFIC LIGHT SERVICE RATE NO. 11 Availabilitv-This rate is available to any political subdivision or agency of the State of Michigan located within the Board of Water and Light(BWL)senice area desiring unmetered secondary service for operating traffic lights installed on streets or highways for traffic control and guidance. Nature of Service- Alternating current,60 hertz, single phase. 120/240 nominal volts Monthly Rate-Shall be computed in accordance with the following charges. Energy Charge $.0261 per watt of active load per month The actual labor, material, miscellaneous and indirect charges experienced maintaining and relamping traffic signals during the preceding month. Tax Adiustment -Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board's property, or its operation, or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Minimum Charge-$1.50 per month or part thereof. Determination of Active Load-The active load of flasher lamps or cyclically operated traffic control lamps shall be 50%of total wattage of all lamps used during one complete cycle of operation. The active load of continuous,non-intermittent steady burning lamps shall be 100%of the total wattage of all lamps used. Delayed Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Rules and Regulations -Service under this rate is subject to the BWL Rules and Regulations for Electric Service which are incorporated herein by this reference. Adopted: Proposed Effective: January 1, 1997 Board of Water and Light, Lansing, Michigan 2nd Revised Sheet No. EB 16 SPACE CONDITIONING AND ELECTRIC WATER HEATING SERVICE RATE NO. 12 Availabilitv-This rate is available to any customer desiring service for commercial/industrial space conditioning and/or electric water heating furnished through a separate meter to which no other electrical device except electric space heating, electric air conditioning, humidity control equipment or electric water heating equipment may be connected. Electric space heating will be considered to include heating by light system provided the primary means of space heating at the time of maximum heating requirements will be furnished by the lighting system with the balance of the heating requirements furnished by supplementary electric heating equipment. This rate is not available to new applications for heat for light systems received after March 1, 1979. This rate is not applicable to the use of electricity for electric air conditioning unless the customer has permanently installed electric space heating equipment and uses it as the principal source of space heating, or to the use of electricity for occasional or seasonal substitute for another method of water heating. Nature of Service- Alternating current, 60 hertz, single phase at Board of Water and Light(BWL)available secondary voltage. Three phase service will be furnished at BWL option. Monthly Rate-Shall be computed in accordance with the following charges. Basic Service Charge $7.50 per customer per month or part thereof Energy Charge Summer Billing Months of June through October $0.0760 per kWh Winter Billing Months of November through May $0.0472 per kWh Energv Cost Ad iustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule which is incorporated herein by this reference. Tax Ad iustment-Bill shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the BWL property, or its operation, or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service%nth the BWL. Rules and Regulations -Service under this rate is subject to the BWL Rules and Regulations for Electric Service which are incorporated herein by this reference. Adopted:Proposed Effective: January 1, 1997 Board of Water and Light, Lansing, Michigan 3 rd Revised Sheet No.EB 17 RESIDENTIAL ELECTRIC SERVICE, SENIOR CITIZEN RATE NO. 21 Availability-This rate is available to any single family residence or individual dwelling unit when the entire electric requirements are supplied at one point of delivery through the same meter and where the customer is 65 years of age and head of the household being served. Service to appurtenant buildings may be taken through the same meter. Service under this rate is not available to any single family residence or individual dwelling unit when a portion of the residence or dwelling unit is used for commercial, industrial, or resale purposes unless the wiring is so arranged that service for residence and non-residence purposes are metered separately. Customers taking service under this rate shall provide evidence of age and contract with the Board of Water and Light(BWL) to remain on this rate for at least twelve(12) months. This rate shall not be available for new customers applying after the effective date of the rate. This rate shall cease to be available to any customer for service on or after July 1, 1999. Customers remaining on this rate at that time shall elect to continue to receive service under any other applicable residential rate schedule available at that time. Nature of Service-Alternating current, 60 hertz, single phase, 120/240 nominal volts. Monthlv Rate-Shall be computed in accordance with the following charges. Basic Service Charge $3.20 per customer per month or part thereof Energy Charge $0.0389 per kWh for the first 300 kWh $0.0656 per kWh for the next 200 kWh $0.0880 per kWh for all over 500 kWh Water Heating Discount-When an approved electric water heater is permanently installed, and there is no other method of water heating,the above rate for the first 300 kWh, shall apply to the first 450 kWh billed and the above rate for the next 200 kWh,shall apply to the next 250 kWh billed. Energy Cost Adiustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule which is incorporated herein by this reference. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees. franchise fees, or any other charges against the BWL property, or its operation,or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance. excluding delayed payment charges,shall be added to any bill which is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service which are incorporated herein by this reference. Adopted:Proposed Effective: January L. 1997 Board of Water and Light,Lansing,Michigan 2nd Revised Sheet No.EB18 STREET LIGHTING SERVICE BOARD OWNED SYSTEMS RATE NO. 31 Availabilitv-Available to any political subdivision or agency of the State of Michigan within the Board of Water and Light(BWL)service area having jurisdiction over public streets or roadways,for street lighting service for any system consisting of one or more luminaires where the BWL has an existing distribution system with secondary voltage available. Luminaires may be installed with no limitations as to spacing between luminaires. Where an overhead line extension is required to serve one or more luminaires, the BWL will furnish, as part of the facilities provided under this rate, an average of 350 linear feet of line extension per luminaire to be served from such extension. A special agreement will be required if more than 350 linear feet of line extension per luminaire is required. Nature of Service-The BWL will furnish, install, own, operate, and maintain all equipment comprising the street lighting system,and supply the unmetered energy. The BWL reserves the right to furnish service from either a series or multiple system or both. Annual Rate-The annual rate per luminaire with fixture and setting, payable in twelve(12) monthly installments, shall be as follows: High Pressure Sodium Luminaire 70 W $ 62.00 100 W $ 71.00 150 W $ 81.00 250 W $100.00 400 W $128.00 Mercury Vapor Luminaire' 100 W $ 67.00 175 W $ 79.00 250 W $ 93.00 400 W $120.00 1000 W $227.00 Plus an additional annual charge, depending on t-V of installation of: Wood Pole-Overhead Service None Wood Pole-Underground Service $ 73.00 Concrete Pole-Overhead Service $113.00 Concrete Pole-Underground Service $113.00 Post Top $ 73.00 Historic - Single Top $235.00 Large Historic-Dual Top $688.00 Small Historic-Dual Top $490.00 Wall/Tunnel-8760 hours $100.00 Wall/Tunnel -4200 hours $ 60.00 Bollard $233.00 ' Rates apply to existing luminaires only and are not open to new business except where the BWL elects, at the customer's request, to install additional luminaires Nvithin an area already served by a mercury vapor lighting System. Adopted: Proposed Effective: January 1. 1997 Board of Water and Light, Lansing,Michigan 2nd Revised Sheet No.EB19 STREET LIGHTING SERVICE BOARD OWNED SYSTEMS RATE NO. 31 Customer Contribution -The annual rates are based on fixtures normally stocked by the BWL,and installed utilizing normal construction techniques. The BWL may, at its option, upon customer request install a street lighting system not covered by the above rates. The customer, after installation, will be required to make a one time contribution equal to the difference between the actual installed cost and the BWL estimated installed cost of a standard installation. The annual unit charge for each luminaire will then be as stated above. Unit Replacement-The BWL may,at its option,upon customer request replace existing street light units. After installation,the customer shall make a one time contribution equal to the undepreciated value of the unit plus the cost of removal. Special Terms and Conditions-The BWL reserves the right to make special contractual arrangements as to termination charges,contributions in aid of construction,term or other special considerations when the customer requests service, equipment or facilities not normally provided under this rate. Tax Adiustment -Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the BWL property, or its operation, or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric which are incorporated herein by this reference. Adopted: Proposed Effective: January 1, 1997 Board of Water and Light, Lansing, Michigan 1st Revised Sheet No. EB20 This sheet has been canceled. Adopted:Proposed Effective: January 1. 1997 Board of Water and Light. Lansing, Michigan 1st Revised Sheet No. EB21 This sheet has been canceled. Adopted:Proposed Effective: January 1. 1997 Board of Water and Light, Lansing,Michigan 1st Revised Sheet No. EB22 This sheet has been canceled. Adopted: Proposed Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 2nd Revised Sheet No. EB23 STREET LIGHTING SERVICE CUSTOMER OWNED SYSTEMS RATE NO. 32 Availabilitv- Available to any political subdivision or agency of the State of Michigan within the Board of Water and Light(BWL) service area having jurisdiction over public streets or roadways,for street lighting service for any system consisting of one or more luminaires-,-here the BWL has an existing distribution system available. Nature of Service-The BWL will connect the customer's equipment to BWL lines,furnish the control equipment, supply the unmetered energy,control the burning hours of the lamps, provide normal replacement of luminaire refractors, control devices and lamps. The customer will furnish, install and own all equipment comprising the street lighting system including, but not limited to the overhead wires or underground cables between luminaires and the supply circuits extending to the point of attachment with the BWL. All maintenance and replacement of the customer's equipment except normal lamp and glass replacement shall be paid by the customer. The BWL reserves the right to furnish service from either a series or multiple system or both. Annual Rate-The annual rate per luminaire, payable in twelve (12) monthly installments, shall be as follows: High Pressure Sodium Luminaire 70 W S 32.00 100 W $ 42.00 150 W S 51.00 250 W S 70.00 400 W S 98.00 Mercury Vapor Luminaire' 175 W $ 47.00 250 W S 63.00 400 W S 89.00 1000 W $197.00 Incandescent Luminaire'` 2500 L $ 66.00 4000 L $105.00 6000 L $127.00 Maintenance Charge -The actual labor, material. miscellaneous and indirect charges experienced maintaining street light units during the preceding month. Combined Rates-The annual rate for units consisting of more than one luminaire shall be the appropriate combination of individual unit charges above. ' Rates apply to existing luminaires only and are not open to new business except where the BWL elects, at the customer's request_ to install additional luminaires within an area already served by a mercury vapor lighting system. `Rates apply to existing luminaires only and are not open to new business. Adopted:Proposed Effective: January 1, 1997 Board of Water and Light,Lansing, Michigan 2nd Revised Sheet No. EB24 STREET LIGHTING SERVICE CUSTOMER OWNED SYSTEMS RATE NO.32 Special Terms and Conditions -The BWL reserves the right to make special contractual arrangements as to termination charges, contributions in aid of construction,term or other special considerations when the customer requests service, equipment or facilities not normally provided under this rate. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the BWL property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric which are incorporated herein by this reference. Adopted: Proposed Effective: January 1, 1997 Board of Water and Light. Lansing, Michigan 2nd Revised Sheet No. EB25 ECONOMIC DEVELOPMENT RIDER Purpose-The primary purpose of this rider is to enhance economic development in the Board of Water and Light(BWL) service area. It will be offered to customers when, in the utility's judgment, the availability of the rider is a major factor for the customer locating or expanding its operations and when the rider will result in a net benefit to the BWL and its customers. Availabilitv-This rider is available to industrial customers on Large General Electric Service Rate No. 4 or Primary Electric Service Rate No. 5 or Large Capacity Electric Service Rate No. 8. For purposes of this rider, an industrial customer is defined as any business that manufactures a product for sale or research and development. This would include usage for facilities directly associated with and on the same premises as the manufacturing business such as offices and warehouses. A customer desiring service under this rider must contract for such service on or before December 31, 2001. This rate will be available for a period of five years from the date of the contract. All provisions of this rider are the same as the principal service rate with the following exceptions: New Customer-Open to a new industrial customer taking service on or after January 1, 1991 where the new load results in 100 kW or more of billing demand. Existing Customer-Open to an existing industrial customer who contracts for a bona fide increase in connected load resulting in an increase of 100 kW, or 10%of their historical billing demand, whichever is greater, or more of billing demand on or after January 1, 1991. Monthly Rate Capacity Charge: A percentage of the capacity charge included in the principal service rate, less credits,as follows: Contract Year % 1 50% 2 60% 3 70% 4 80% 5 90% Contracted Historical Billing Demand - An existing customer's contracted historical billing demand will be the average of the three highest registered demands, including metering adjustments, during the twelve(12) month period prior to the contract or as established by mutual consent. The contracted historical billing demand shall be subject to the 60%provision during the contract period. The BWL reserves the right to establish a contracted historical billing demand for all customers with duplicate or replacement operations within the BWL service area. Billing Demand-For a new customer, the entire billing demand shall be subject to the capacity charge in this rider and shall never be less than 100 kW and shall not be subject to the 60%provision. For an existing customer, or a new customer with an established contracted historical billing demand, the contracted historical billing demand shall be billed at the capacity charge in the customer's principal service rate. Only the billing demand in excess of the contracted historical billing demand shall be billed at the capacity charge in this rider and shall not be subject to the 60%provision. Minimum Charge-A new customer shall have a minimum billing demand of 100 kW. A customer,with an established contracted historical billing demand. shall have a minimum billing demand equal to 60%of the contracted historical billing demand. Adopted:Proposed Effective: January 1. 1997 Board of Water and Light, Lansing. Michigan 1st Revised Sheet No. EB26 This sheet has been canceled. Adopted:Proposed Effective: January 1, 1997 Board of Water and Light, Lansing, Michigan 1st Revised Sheet No. EB27 ENERGY COST ADJUSTMENT The Energy Cost Adjustment permits the monthly adjustment of rates for the costs of energy incurred in supplying electricity to retail customers. All residential and general service rates are subject to the Energy Cost Adjustment. In applying the Energy Cost Adjustment the applicable rate per kWh shall be increased or decreased by the amount of the current Energy Cost Adjustment. The following definitions and procedures will be followed in calculating the monthly Energy Cost Adjustment. Definitions Energy Cost Adjustment-the amount per kWh by which the applicable rates shall be adjusted for billing in each month. Energy Costs-those costs incurred in supplying retail electricity. Such costs shall include fuel burned in the generating plants, energy costs associated with firm power purchases, net interchange power costs,and costs associated with other temporary power transactions such as maintenance power. The cost of fuel burned shall include the delivered cost of fuel(base cost, escalations. premiums/penalties, transportation,demurrage), outside lab fees and other outside costs related to fuel procurement, and fuel additives such as freeze proofing. Over/Under Recovery-the difference between actual Energy Costs for prior months and the amount of energy cost recovered by means of the Base Cost of Energy and the Energy Cost Adjustment. The Over/Under Recovery shall be added to the Energy Costs for purposes of computing the Energy Cost Adjustment for each month. Base Cost of Energy-the average Energy Cost included in the energy rates of the various rate schedules. Such amount shall not be recovered by means of the Energy Cost Adjustment. The current Base Cost of Energy is$0.017921 per kWh sold. Procedures Estimated Energy Cost shall be projected for a twelve-month period. Any amount of Over/Under Recovery (positive or negative) shall be added to the Energy Cost to determine the total cost basis for the Energy Cost Adjustment. The total cost basis shall be divided by the projected total retail billed sales for the twelve-month period resulting in the average energy cost per kWh. The Base Cost of Energy shall be subtracted from the average energy cost to result in the Energy Cost Adjustment. The Energy Cost Adjustment shall be reviewed and, as necessary, revised periodically in accordance with the provisions of this schedule,but not less frequently than every twelve months. Adopted: Proposed Effective: January 1, 1997 Board of Water and Light, Lansing, Michigan 1st Revised Sheet No. EB28 SCHEDULED CURTAILMENT SERVICE RIDER Availabilitv-This rider is available to customers on Primary Electric Service Rate No. 5. A customer desiring service under this rider must contract to curtail its demand upon notice by the Board of Water and Light(BWL) by approximately 1,000 kW or more. The amount of curtailable demand subject to this rider may be limited by the Commissioners in total and by customer. Conditions of Curtailment-The General Manager has authorization to negotiate with qualifying customers as to terms and conditions of this rider. Adopted: Proposed Effective: January 1, 1997 Board of Water and Light. Lansing,Michigan 3rd Revised Sheet No. EB29 LANSING CITY ENTERPRISE COMMUNITY REBATE Purpose-The primary purpose of this rebate is to encourage investment in the proposed Lansing City Enterprise Community. The Lansing City Enterprise Community is defined as the following 1990 census tracts: Numbers 2,3,5,7,8,12,13,14,15,19,20,21 and 65 or as determined by the City of Lansing. Availability -This rebate is available for a two year period from the date the Lansing City Enterprise Community is established. All provisions of this rebate are the same as the principal water, electric or steam service rate with the following exceptions: 1. This rebate is available only to customers installing a new water,electric, or steam service in the Lansing City Enterprise Community. 2. This rebate is available only to customers restarting an existing idle water,electric or steam service in the Lansing City Enterprise Community after a period of no consumption. 3. This rebate is not available to Electric Rate 4 or Electric Rate 5 customers who sign a contract for service under the Electric Economic Development Rider. Payment-Upon application by the customer and approval by the City of Lansing and the Board of Water and Light, the customer will be paid a rebate on the previous 12 month's utility(water, electric, steam)charges. The rebate is ten(10)percent of the total utility charges paid by the customer. Adopted: Proposed Effective: January 1, 1997 Page 14 MINUTES OF BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT Tuesday,February 27, 1996 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman Hassler. Present: Commissioners Christian,Evans,Hassler,Lontz,O'Leary,Royal, Strolle-7 Absent: Commissioner Pratt(out of town on businm) -t The Secretary declared a quorum present. The Invocation was delivered by Chairman Hassler. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES BY COMMISSIONER CHRISTIAN— SECONDED BY COMMISSIONER EVANS That minutes of regular session of January 23, 1996,be approved as filed. Adopted unanimously. PUBLIC COMMENTS CHAIRMAN HASSLER ANNOUNCED THAT MEMBERS OF THE PUBLIC WILL BE AFFORDED THE OPPORTUNITY TO ADDRESS THE COMMISSIONERS REGARDING ANY ITEM ON THE AGENDA AT THE TIME SUCH ITEM IS OPEN FOR DISCUSSION BY THE COMMISSIONERS. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO AT THIS TIME OR IMMEDIATELY PRIOR TO ADJOURNMENT. No persons spoke. Q r' r� r� .. J Board Meeting Minutes Page 15 February 27, 1996 COMMUNICATIONS No communications received. COMMITTEE REPORTS COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met February 12, 1996, to receive update presentations on the following topics: 1. Ottawa Station Redevelopment Status 2. General Motors Steam Contract Status 3. Electric Competition 4. 10 MG Reservoir Landscaping and Lighting Present were Commissioners Christian,Evans,Hassler,Lontz, O'Leary, Pratt, Royal, and Strolle. Ottawa Station Develonment Status. General Manager Pandy reported that Ottawa Park Associates, Developers(OPAD)continues to make progress in their negotiations with potential anchor tenants for the Ottawa Station development project. The City Club has expressed a strong interest in relocating to the Ottawa Station.and OPAD and the BWL have been invited to address the City Club Board of Directors on February 19 to present the project. At the request of Oldsmobile, Visual Services, Inc.—the developer and training supplier for the Oldsmobile Vision Center has invested in excess of$25,000 to assist with a design and space allocation description for the construction and management of the Vision Center in the Ottawa Station. Mr. Pandy displayed a preliminary floor plan of the Ottawa project showing the conceptual location of a museum, health club, learning center, office space,conference rooms,shops, restaurants and glass entryway. The Commissioners deliberated on a realistic timeline for OPAD to secure commitments from potential major tenants. On October 3, 1995. the developer was given a ninety(90)day timeline to secure firm commitments from major tenants. Two extensions have been granted by the Board to allow viable major tenants to complete feasibility studies on the economic impact and to submit the analysis to their respective Boards. Mr. Pandy told the Commissioners that the complexity of tenant decision making is taking more time than anticipated. Following discussion. the Commissioners concurred that the reason OPAD was selected for the Ottawa Station redevelopment project was because the type of occupancy with particular potential tenants would create activities and an environment that will encourage the best use of the Ottawa Station for business and social activities. There appeared to be consensus that progress is being demonstrated. Bi-monthly progress reports will be made to the Board,at which time an evaluation can be made whether granting an extension is reasonable. General Motors Steam Service Project and Contract Negotiations. Joette Woodard-Yauk,Director of Steam Utility, gave a summary presentation on the current status of efforts to provide steam service to GM's Small Car Group(SCG)Plant#6 complex. She reported that bids received for the design and build of the steam supply project significantly exceeded the project estimate of$7 million. There was only one bidder who did not take exception to the established completion date based on SCG's required service date. The bid was$12.289.600,with condensate return, and$10.942,600 without condensate return. Board Resolution No. 95-11-2,adopted November 28, 1995. authorizes BWL staff to proceed with the design, and the purchase and installation of equipment to provide BWL steam service to SCG Plants#2, #3 and#6. Mrs. Woodard-Yauk noted that the significant increase in capital project cost from the original estimate, made it necessary to fully inform the Board prior to award of the contract. The Board Page 16 Board Meeting Minutes February 27, 1996 was advised that staff is seeking SCG's concurrence with the February 8, 1996, letter(distributed at the meeting)confirming discussions with SCG representatives. The letter identifies SCG's decision to proceed with the project on a phased approach and extend the service date to December 31, 1996. Following discussion. it was the consensus that staff should proceed with the project as authorized by Resolution No. 95-11-2. The project will be done in two phases in an effort to reduce overall project cost. Phase I will consist of engineering design,purchase of all long lead items including the pipe and - acquisition of required licenses. right of ways and easements. Phase II is the actual construction of the project. Staff is discussing contract methodology with the bidder,which could be utilized to share any possible cost savings during Phase 11. '- Mrs. Woodard-Yauk also reported that contract negotiations with GM/SCG are continuing at a rapid pace. Staff will be working with bond counsel to assure that contract language does not negatively impact the BWL's ability to obtain tax exempt financing for future projects. Major contract considerations under discussion were reviewed. Once agreement on the contract language is reached,an overview will be presented to the Committee of the Whole for formal contract approval at a subsequent Board meeting. Electric Competition. Dana Tousley, Treasurer/Controller, presented an overview on the BWL's competitive posture. Graphics comparing BWL electric rates per unit by customer class with surrounding utilities indicated the BWL compares very favorably. Mr. Tousley reviewed the BWL's projected electric rate strategy by rate class for the next three years. He told the Commissioners that Management Resources International,Inc. has been engaged for the rate design based on the parameters presented. Staff will be returning with the results of the rate design for discussion on alternatives for electric rates at a future Committee of the Whole meeting. Bill Cook.Director of Electric System Control. reported on the status of electric industry restructuring efforts in Michigan. The goal of this recodification-reform is to retain and bring big business to Michigan. Industry is the issue. Along with this goal is to reduce and/or eliminate regulations. Governor Engler has endorsed the Michigan Jobs Commission series of recommendations to introduce competition and reform the electric utility industry in Michigan. The Governor has submitted these recommendations to the Michigan Public Service Commission to use as guiding principles in its effort to promote competition. Mr. Cook reviewed the BWL recommended electric industry restructuring principles as communicated to the Michigan Public Service Commission(MPSC)by letter dated February 6, 1996. In the light of the Michigan Jobs Commission sweeping recommendations, there is concern with how final implementation details will impact BWL customer/owners. The principles outlined in the BWL position paper in general reflect issues to be addressed by the MPSC,which include: • General • Structural • Supplier Guidelines • Regulatory • Transition • Market Power • Municipal Utility Issues • Ongoing Process Following discussion, the Commissioners concurred with the principles presented. 10 MG Reservoir Landscaping and Lighting. Clyde Dugan,Director of Water Utility,presented proposed plans to enhance the appearance of the 10 million gallon underground reservoir located between Cedar and Larch Streets, across from the Dye Water Conditioning Plant. This area will receive increased public attention with traffic to and from the new baseball stadium. The total project estimate for the landscaping and lighting project is$225,000. Mr. Dugan asked for concurrence to present a resolution authorizing an addition to the FY 1995-96 Capital Budget for consideration at the next regular meeting. A conceptual site plan of the proposed landscaping and lighting project was displayed. The entire project is expected to be completed in mid-summer. Mr. Dugan acknowledged the efforts of Larry George of Project Engineering, who coordinated the various facets of the landscaping project, and the expertise of Board Meeting Minutes Page 17 February 27, 1996 Irene Cahill of the City of Lansing's Forestry Division. Mr. Dugan noted that the City's Forestry Division is providing the trees and shrubs at no cost to the BWL. Mr. Dugan also reported that bids for lawn maintenance at the Dye/Cedar Complex have been evaluated and a resolution for award will be presented to the Board for action. Following discussion, there was consensus to proceed with plans as proposed for consideration at the regular meeting of February 27, 1996. This was an informational meeting only, no action was taken. Respectfully submitted, Dave O'Leary, Chair Pro Tern COMMITTEE OF THE WHOLE BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER EVANS That the Committee of the Whole Report be received as presented. Adopted unanimously. GENERAL MANAGER'S RECOMMENDATIONS ADMINISTRATIVE Res. No.96-2-1 That the Board approve Amendment No. 1 to our Rail Transportation Contract ICC- CSXT-C-64435 with CSX Transportation and Grand Trunk Western Railroad. Inc., subject to approval as to form by BWL's legal counsel. This Amendment No. 1 contains the contract language necessary for the efficient economic and operational use of private rail cars(non-railroad owned or leased equipment)by BWL. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER CHRISTIAN That Resolution 96-2-1 be approved. Adopted unanimously. CORPORATE PLANNING Res. No.96-2-2 Authorize the BWL to grant an easement to Continental Cablevision of Michigan.. Inc. for communication facilities at a cost consideration of$1,500. a one time payment upon Page 18 Board Meeting Minutes February 27, 1996 execution of the easement. The easement location is 1712 S. Creyts Road,a portion of the South Crcyts Substation property. This easement would permit Continental Cablevision to construct, maintain and have access to a concrete building housing fiber optic relay equipment on the Southeast corner of the South Creyts Substation property. The right to install communication cable and conduit within the easement area would also be granted. The Board of Water and Light is not presently using nor has any foreseeable use of this portion of the South Creyts Substation property for Utility purposes- Res. No. 96-2-3 Approve Release of Easement: WHEREAS. Clayton G. Bailey and Addie M. Bailey executed a certain easement conveying and warranting to the Board of Water and Light forever, such rights as recorded in Liber 17 of Miscellaneous Records,Page 486, in the Register of Deeds, Ingham County,Michigan,February 21, 1930; and, WHEREAS. Strobel&Boada, representing Capital Valley Investment Company, owner of part of Block 148, Original Plat, City of Lansing,has requested the release of said easement, more specifically described as follows: Easement Description: The east five(5)feet of Lot Nine(9) in Block One Hundred and Forty-eight(148), all being in the City of Lansing, County of Ingham. State of Michigan. WHEREAS, this easement as described above is not needed to continue 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 requirement of the Lansing City Charter. Further that the Corporate Secretary be directed to record the release of easement with the Ingham County Register of Deeds. This easement was for steam lines which probably served residential customers prior to the hotel and restaurant/lounge being constructed at the corner of Lenawee and South Capital Avenue. The steam lines are abandoned and the easement is no longer required. Res. No. 96-24 Approve Release of Easement: WHEREAS, Edgar S. Porter and Drury L. Porter, executed a certain easement conveying and warranting to the Board of Water and Light forever, such rights as Board Meeting Minutes Page 19 February 27, 1996 recorded in Liber 17 of Miscellaneous Records. Page 488. in the Register of Deeds. Ingham County. Michigan,February 21, 1930. and. WHEREAS, Strobel&Borda, representing Capital Valley Investment Company, owner of part of Block 148.Original Plat, City of Lansing, has requested the release of said easement, more specifically described as follows: Easement Description: The east five(5)feet of Lot Ten(10), the east five (5)feet of the west one hundred and twelve and one half(112 1/2)feet of Lot Twelve(12). The north twenty-one j21)feet of the east five(5)feet of the west one hundred twelve and one half(112 1/2)feet of Lot Eleven (11). The south twenty(20)feet of the east five(5)feet of Lot Eleven (11). The east twenty-three(23)feet of the west one hundred and sixty (160)feet of the north five(5)feet of the south twenty(20)feet of Lot Eleven(I 1). The east five(5)feet of the west one hundred and forty seven(147) feet of the north eighteen(18)feet of the north thirty-four(34) feet of Lot Eleven(11). The east thirty-four and one half(34 1/2)feet of the west one hundred and forty seven(147)feet of the north seven(7) feet of the south forty one(41)feet of Lot Eleven(11). The south eleven(11) feet of the north thirty-two(32)feet of the cast fifteen(15)feet of the west one hundred and twelve and one half(112 1/2)feet of Lot Eleven(11). All of the above described lands being in Block 148, City of Lansing, Michigan. WHEREAS, this easement as described above is not needed to continue 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 requirement of the Lansing City Charter. Further that the Corporate Secretary be directed to record the release of easement with the Ingham County Register of Deeds. This easement was for steam lines which probably served residential customers prior to the hotel and restaurant/lounge being constructed at the corner of Lenawee and South Capital Avenue. The steam lines are abandoned and the easement is no longer required. Res. No. 96-2-5 Approve Release of Easement: WHEREAS. Jacob Himmelberger executed a certain easement conveying and warranting to the Board of Water and Light forever, such rights as recorded in Liber 19 of Miscellaneous Records. Page 257. in the Register of Deeds, Ingham County, Michigan.October 2. 1930;and, Page 20 Board Meeting Minutes February 27, 1996 WHEREAS. Strobel&Borda, representing Capital Valley Investment Company,owner of part of Block 148, Original Plat. City of Lansing, has requested the release of said easement. more specifically described as follows: Easement Description: The west one hundred and twenty(120)feet of the north five(5)feet of the south fifty-one(51)feet of Lot Three(3). The south five(5) feet of the north fifteen(15) feet of the west five(5)feet of the east fifty-two and one half(52 1/2) feet of Lot Three(3). Also, the south fifty-one(51)feet of the west five(5)feet of the east forty-six and one half(46 1/2)feet of Lot Three(3). All of the above described lands being in Block One Hundred and Forty-eight(148), in the City of Lansing,Michigan. WHEREAS. this easement as described above is not needed to continue 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 requirement of the Lansing City Charter. Further that the Corporate Secretary be directed to record the release of easement with the Ingham County Register of Deeds. This easement was for steam lines which probably served residential customers prior to the hotel and restaurant/lounge being constructed at the corner of Lenawee and South Capital Avenue. The steam lines are abandoned and the easement is no longer required. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER EVANS That Resolutions 96-2-2 through 96-2-5 (Corporate Planning), respectively,be approved. Adopted unanimously. HUMAN RESOURCES Res. No.96-2-6 That Wayne L. Dennis, a Construction Mechanic for Construction Services.be awarded a total of$89.00 for suggestion proposal number 1995-068, to enlarge holes in mounting plate to 1 1/8" to minimize time required to anchor cable pulling device. By implementing this proposal, it is estimated that the BWL will realize a net savings of $356 in the first year. Board Meeting Minutes Page 21 February 27, 1996 Res. No. 96-2-7 That Terry A. Kalush, a Water Station Operator A for Water Production Operations, and Jeffrey North, a Maintenance Mechanic Supervisor for Water Production Maintenance,each be awarded$90.97 for a total of$181.94 for suggestion proposal number 1995-039. to use influent valve to push water into inlet and basin transfer pump to pump water at accelerated rate when taking final settling basin out of service for cleaning. By implementing this proposal, it is estimated that the BWL will realize a net savings of $1,069.40 in the first year. Res. No. 96-2-8 That Teresa Smith, a Customer Billing Representative for Customer Accounting Services,be awarded a total of$266.30 for suggestion proposal number 1996-004, to add fields to CA 1751 printout for customer name, mailing address, meter number, and whether SIO was previously sent, to expedite issuance of meter read card. By implementing this proposal, it is estimated that the BWL will realize a net savings of $1,913 in the first year. Res. No. 96-2-9 That Richard Taylor, a Relay Technician for System Operations, be awarded a total of $5.000 for suggestion proposal number 1993-184. to replace the electronic only in existing Rockwell Remote Terminal Units(RTU) rather than replacing complete RTU. By implementing this proposal, it is estimated that the BWL will realize a net savings of $487,523 in the first year. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER LONTZ That Resolutions 96-2-6 through 96-2-9, respectively, (Human Resources)be approved. Adopted unanimously. Page 22 Board Meeting Minutes February 27, 1996 PENSION Res. No. 96-2-10 That Kenneth L. Burch, Line Helper in Line Construction Department, be placed on an early reduced pension of$1,294.93 per month effective February 1, 1996. He has- selected Option V with the provision that after his death, if his wife, Mary L. Smith/Burch, survives him she will receive 50%or$647.47 per month for the rest of her live as provided under Option V. -- ----------------- Mr. Burch has worked for the BWL for 31.27 years and is 50 years of age. ----------------- BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER ROYAL That Resolution 96-2-10 be approved. Adopted unanimously. TREASURER/CONTROLLER Res. No. 96-2-11 Authorize a three year contract for Trash Hauling and Recycling Services for all BWL locations to Waste Management of Michigan Midwest, Lansing,MI from April 1, 1996 to March 31, 1999, in the amount of$76,777.96. Pricing is firm for one year,with 3% increases in years two and three. The estimated annual costs based on the current level of service are: Year One, $24,840.00; Year Two$25.585.20: and Year Three $26.352.76. The three year total is$76,777.96. The award recommendation is based on a competitive bid evaluation. Bid evaluation criteria included compliance with BWL specifications, compliance with the Ingham County Health Department(ICHD) Solid Waste Management Plan, and total cost. The Waste Management bid represents an approximate saving of$35,000(37%)over BWL costs for the next three years compared to our current contract costs. Other bidders were Browning-Ferris Industries(BFI), Eaton Rapids,MI($96,617.45); Allied Disposal Company, Bath, MI($102,230.72), and Granger Container, Lansing, MI($106.452.00). Board Meeting Minutes Page 23 Pebntary 27, 1996 Rcs. No. 96-2-12 Authorize disposal of the following equipment that has been declared surplus by the Electric Production Division,Production Maintenance Department. The method of disposal will be sale based on competitive bids. 1) One(1)Ingersoll-Rand Centac Centrifugal Air Compressor,Model No. C10M2. Serial No.M86-3825,purchased in 1986 from Ingersoll-Rand, removed from service in 1994. 2) One(1)EMD Diesel Locomotive(BWL#799), 1951 General Motors Corporation.Model D-100021,Engine 16-567B, purchased in 1982 from Grand Trunk Railroad, removed from service at Erickson Station in 1995. The compressor was part of the auxiliary equipment at Ottawa Station. The diesel locomotive engine is worn out and will be sold for salvage. Res. No.96-2-13 Authorize disposal of a Spectrometer that has been declared surplus by the Technical Services Division. Environmental Services Department. The method of disposal will be by sale based on competitive bids. 1) One(1)Gas Chromatograph-Mass Spectrometer Nermag Model R10-10C, purchased in 1987, removed from service in Environmental Services Department in 1995. This piece of equipment is technologically obsolete. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER CIIRISTIAN That Resolutions 96-2-11, 96-2-12, and 96-2-13, respectively, (Treasurer/Controller) be approved. Adopted unanimously. WATER Res. No. 96-2-14 That Board of Water and Light charges for water service installations be changed. effective January 1, 1996, as follows: Page 24 Board Meeting Minutes February 27, 1996 Size Main-To-Curb-Box Curb-Box-To-Blde. Current Proposed Current Proposed Fee 1996 Fee Fee 1996 Fee 3/4" $680 $740 $10.75 $12.85 1" $815 $890 $11.00 $13.15 11/2" $1,085 $1,180 $12.18 $14.55 2" $1,355 $1,480 $12.76 $15.25 The new fees represent an increase of 9.0%over the current Main-To-Curb-Box fees and 19.5%over the Curb-Box-To-Building fees. The increased fees are established to phase in the full recovery of actual costs. Res. No.96-2-1-S That the Board authorize an addition to the FY 1995/96 Capital Budget for Dye/Cedar Complex in the amount of$225,000 for landscaping and lighting the 10 MG Reservoir. The project will result in a combination of grass, shrubbery and trees on the slopes of the reservoir, eight lamp standards on the upper perimeter,three seating areas with two lamps each along Cedar Street, and a combination of grasses and wild flowers on the top. A retaining wall encloses the southeast corner of the structure, providing protection and enhancing the appearance of this area. The landscaping design has been coordinated with Lansing's Forestry Division, and the trees and shrubs are provided by them at no cost to the Board. Res. No. 96-2-16 That the Board enter into an agreement with Lawn Tech of Grand Ledge,Michigan,for lawn maintenance at the Dye/Cedar Complex. The term of the agreement is four(4) years,with an estimated cost of$31,264 for the four year period. Other bids were evaluated as follows: Evergreen Lawn Care($39.000);Professional Turf Management($52,113);Quality Landscaping($89,442); and. Smith Tree and Landscaping($90,542). With the landscaping improvements made along Cedar Street as a part of the High Pressure Pumping Station project,and with the proposed landscaping improvements for the 10 MG Reservoir, the need for a pre-defined performance contract for this complex became evident. This contract covers weeding,fertilizing, mulching, mowing, trimming, and cleanup for the entire complex. Board Meeting Minutes Page 25 February 27, 1996 Prospective bidders were provided drawings showing all existing landscaping features, as well as those proposed for the 10 MG Reservoir. -------------------- BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER ROYAL That Resolutions 96-2-14, 96-2-15 and 96-2-16. respectively, (Water)be approved. Adopted unanimously. UNFINISHED BUSINESS Ottawa Station Redevelopment Update. Chuck Clark,Partner of Ottawa Park Associates,Developers (OPAD), presented a two-week progress report on the Ottawa Station development project. He told the Commissioners that negotiations with potential anchor tenants are continuing on a positive note. Proposed site plans of the Ottawa Station redevelopment project, prepared by HNTB Architects Engineers Planners,were handed out. Mr. Clark reviewed the floor plan depicting the location of the various tenants who have indicated a strong interest in the Ottawa Station project. i.e.,Oldsmobile/Vision Center, Sparrow Hospital,R.E. Olds Museum, and the City Club. He stated that Visual Services. Inc. (VSI)plans to unveil their business plan for the construction and management of the Vision Center in the Ottawa Station sometime around March 15, 1996. An artist's rendering of the Ottawa development as viewed from the Michigan Avenue bridge was displayed. The drawing suggests removing the existing pedway from the Radisson Hotel to the Lansing Center and redesigning it for installation on the east side of the Ottawa Station with an exit on the west side into the Grand Avenue ramp. Mr. Clark noted that the real benefit from the pedway renovation is the improvement of the Lansing skyline from Michigan Avenue, which becomes uncluttered. A lengthy question and answer period followed relative to the site plans and potential tenants. The Commissioners were satisfied with the progress report. Mr. Clark agreed to continue to present bi-monthly update reports to the Board. GENERAL MANAGER'S REMARKS General Manager Pandy bricfed the Commissioners on the following items: Ethics Committee Investigation of Possible Conflict of Interest Involving General Manager Pandy. Mr. Pandy distributed copies of documents from official BWL records on all information upon which he disclosed potential conflicts of interest. These records included copies of memos and Board minutes, which clearly state that the Board recused Mr. Pandy from all discussions including interviews and evaluation on the merits of the four potential developers for the Ottawa Station redevelopment project. The minutes also reference that once the team of Ottawa Park Associates,Developers(OPAD)was selected by the Board. the Commissioners then authorized Mr. Pandy to proceed with negotiations relative to the redevelopment project. City Council's Ways and Means Committee Discuss BWL's Condition and Value. Notes taken by Internal Auditor Kellie Willson of the February 21, 1996. City Council's Ways and Means Committee meeting listed ten questions raised by the committee relative to the BWL. Mr. Pandy reported that at the suggestion of Councilmember Harold Leeman, written answers--together with back-up documentation--to the ten questions were delivered to the City Council on February 26. The responses provide a capsule Page 26 Board Meeting Minutes February 27, 1996 review of the BWL on where the utility stands regarding matters pertaining to Belle River and competition. Mr. Pandy also reported that the Council's Ways and Means Committee intends to invite Financial Broker Sandv Pensler to talk about the BWL and its finances at a televised public forum. The meeting is scheduled for March 6, 1996. at 4:00 p.m. in the City Council chamber. Mr. Pensler, an agent for Consumers Power Company(CPCo), tried unsuccessfully to negotiate a deal between CPCo and the-City to lease the BWL's electric and steam utilities to Consumers Power under the terms of a 75-year operating agreement. Mr. Pandy noted that Mr. Pensler stands to gain about$3 million in commission fees from the transaction. The Commissioners were encouraged to attend this4mportant meeting to express their views on the BWL. Share the Success Update. The BWL's Share the Success performance measures through the month of January took a 46 point dip. Work is ongoing to try to regain ground. AABE Holds 96th Annual Conference in Detroit. The BWL along with other utilities helped sponsor a conference called, the American Association of Blacks in Energy(AABE)February 21-24. The BWL was recognized in their program. Human Resources Director Linda Gardner and Staff Attorney Larry Wilhite were instrumental in getting the BWL involved in this effort. Mayor's Energy Advisory Board. Notes taken by Corporate Planning Director Roger Ophaug on the February 21, 1996, meeting of the Energy Advisory Board(EAB)were handed out for re,0ew. Commissioner Lontz Meets with Citv Council Counterpart. Commissioner Lontz met with Councilmember Howard Jones on January 30, 1996. as part of the BWL's pairing effort. His notes including suggestions made by Councilmember Jones were handed out for information. Visible Improvement Program (VIP). A formal copy of the Visible Improvement Program folio was handed out for information. The VIP folio contains a complete collection of reference documents regarding the new employee reward and recognition system. Access BIDCO Dividend Achieves 50% Return. A letter from Access BIDCO, dated January 23, 1996, was handed out. The letter announces that with respect to the BWL's Pension Fund investment in the BIDCO, a cash dividend of$3.00 per share will be paid on March 1, 1996, to shareholders of record as of February 15. 1996. This brings Access BIDCO's cumulative dividend to$5.00 on a$10.00 investment. At this point of the BWL's initial investment, a 50%return has been achieved, which represents an excellent success for the BWL Pension Fund. The American Bowling Congress Congratulates and Salutes BWL Bowling League. The American Bowling Congress(ABC) recognized the BWL for fifty years of corporate support for sanctioned competition. The BWL league was organized in 1946 and has continued for fifty years in this community. Mr. Pandy and the Board congratulated the bowling league on a half century of competition. Vision Center Tour. Mr. Pandy reminded the Board of the Vision Center Tour leaving on February 28 at 9:00 a.m. and returning by 2:30 p.m. The Board and staff will be accompanied by the local news media-- TV-6. TV-10,and the LANS►NG STATE JOURNAL. The group will be met by John Burgess, Vice President of Visual Services. Inc. (VSI)and Dick Ellis, Manager of VSI. Board Meeting Minutes Page 27 February 27, 1996 APPA Publishes 1993 Financial and Operating Ratios. A sheet showing financial and operating ratios by customer size class, published by the American Public Power Association(APPA),was handed out for reference. Mr. Pandy noted that the latest year compiled by APPA was for 1993. The handout includes separate data compiled by the BWL comparing FY 1993 with FY 1995. Although the BWL performed well in most of the measures, there were a couple of categories where there would be some concern and need to be addressed. This item will be reviewed at a future Committee of the Whole meeting. REMARKS BY COMMISSIONERS Rain Fee Discussion. Commissioner O'Leary inquired if billing for the stormwater system(rain fee) would fall upon the BWL, since sewerage charges are already included on BWL bills. Mr. Pandy responded that Councilmembers Leeman and Novak have indicated that they would like to see the stormwater fee. included on the BWL's monthly utility bills as a separate item, in addition to the sewerage charge. Mr. Pandy noted that he suggested to both Councilmembers that the BWL receives a lot of resistance from customers on the sewerage charge. Further, the stormwater fee is based on land area and is the responsibility of the land-owner,while sewerage charges are paid by tenants(the BWL's database does not include land-owners information on real estate parcels). Mr. Pandy indicated to Councilmembers Leeman and Novak that he would pass on their request to the Board for consideration. Televised Board Meetings Advocated by Councilmember Leeman. Mr.Pandy reported that Councilmember Leeman urges the Board to meet in the City Council chambers to have all public meetings televised. Board meetings were televised from July 1980 through December 1982. Results from a telephone survey conducted in 1982 indicated there was very little interest in the community to continue televising the meetings. Discussion on Proposed Energy Park. Commissioner Lontz asked for Board and staff reaction on the proposal submitted by the Energy Advisory Board to the City of Lansing, in which an Energy Park would be established on city-owned park property adjacent to the dam and fish ladder on the Grand River. Technical Services Director John Elashkar told the Board that the BWL's cost estimate associated with the proposed Energy Park was approximately$220,000 for the hydro dam only. If the power is activated. then the dam would have to be licensed,which would involve additional costs. Commissioner Hassler suggested a complete cost study to determine the total BWL cost to assist in establishing the proposed Energy Park. Corporate Planning Director Roger Ophaug stated that the Energy Board has been told the BWL is not in a position to finance any part of the Energy Park project. There was consensus that the BWL would be interested in pursuing this project should funding become available through external sources. Comments on Ethics Committee Investigation of General Manager Pandv. Chairman Hassler stated, on behalf of the Commissioners. that this Board is satisfied with the information provided and filed with respect to any conflicts of interest. He said that this Board supports General Manager Joe Pandy and knows that he has been open about his business investments. He further stated that it is well documented that Joe Pandv removed himself from all discussions associated with evaluating and selecting a developer for the Ottawa Station redevelopment project,and that this Board knows General Manager Pandy will be exonerated by the Ethics Committee. Page 28 Board Meeting Minutes February 27, 1996 EXCUSED ABSENCE BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER CHRISTIAN That the absence of Commissioner Pratt(out of town on business)be excused. Adopted unanimously. ADJOURNMENT On motion of Commissioner Royal, the Board adjourned at 6:20 p.m. Mary . Sci Secretary Filed: March 4, 1996 Marilynn Slade, City Clerk Y � :I r � � Page 29 MINUTES OF BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT Tuesdav,March 26, 1996 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman Hassler. Present: Commissioners Evans, Hassler, O'Leary,Royal, Strolle-5 Absent: Commissioners Christian,Lontz, and Pratt-3 The Secretary declared a quorum present. The Invocation was delivered by Chairman Hassler. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER EVANS That minutes of regular session of February 27, 1996, be approved as filed. Adopted unanimously. PUBLIC COMMENTS CHAIRMAN HASSLER ANNOUNCED THAT MEMBERS OF THE PUBLIC WILL BE AFFORDED THE OPPORTUNITY TO ADDRESS THE COMMISSIONERS REGARDING ANY ITEM ON THE AGENDA AT THE TIME SUCH ITEM IS OPEN FOR DISCUSSION BY THE COMMISSIONERS. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO AT THIS TIME OR IMMEDIATELY PRIOR TO ADJOURNMENT. Lloyd Teets, 116 E. Elm Street, Lansing,commented on proposed Resolution 96-3-2, agreement with RAILCAR,Ltd., for a supply of used rail cars. He remarked that leasing 83 rail cars seems excessive since he rarely sees more than one of three units at Eckert operating. Mr. Teets also stated that three years ago, Delhi Township's thirty-year franchise with Consumers Power Company(CPCo)was up for renewal, and noted that the BWL missed an opportunity. He questioned the BWL's efforts to sell its excess generating capacity. He stated that with the BWL's low electric rates, it would seem something is wrong since the utility is unable to acquire these franchises. Mr. Teets also remarked that he will making Freedom of Information Act(FOIA) requests on the Ottawa Power Plant development and associated partnerships. He spoke in support of the Ottawa Power Plant project, indicating that it can really be a key anchor to downtown's redevelopment, and noted he never considered the Lansing Center and the baseball stadium an anchor. [Responses to comments on p. 35 and "General11anager's Remarks,"p. 40 of minutes.] Page 30 Board Meeting Minutes March 26, 1996 Charles Clark, president of Clark Construction Company and a partner of Ottawa Park Associates, Developers(OPAD), updated the Board on activities since the last progress report of March 12. Mr. Clark reported on meetings held with officials from R.E. Olds Museum. Oldsmobile and Vision Service, Inc. (VSI),Michigan State University Business School, Sparrow Hospital, and the State of Michigan. He noted that grant opportunities are being explored to assist potential tenants in locating in the Ottawa facility. Mr. Clark indicated that he is very pleased with the progress being made and remarked that he continues to be more enthusiastic and excited about the Ottawa Power Plant redevelopment project becoming a reality. He unveiled a three-dimensional scale model of the first four floors of the redeveloped power plant, and discussed how some of the proposed tenants would fit into the lower floors of the project. The model included space on the first four floors for the Vision Center, including a 250-seat multi- purpose theater,R.E. Olds Museum, a health club, a 200-seat restaurant. a Learning Center, and retail stores. COMMUNICATIONS No communications received. COMMITTEE REPORTS COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on March 12, 1996, to receive staff presentations on the following agenda items: L Ottawa Station Development 2. Customer Attitude Survey 3. Dimondale Dam Project 4. Community Involvement 5. City of Lansing Communications 6. Other Related Issues Present were Commissioners Christian, Evans, Hassler, Lontz, Pratt, O'Leary, and Strolle. Absent was Commissioner Royal(business commitment out of stale). Ottawa Station Development. Chris Holman, partner of Ottawa Park Associates,Developers(OPAD), presented a bi-monthly progress report on the Ottawa power plant development project. Schematic floor plans of the proposed Oldsmobile Vision Center prepared for Vision Service, Inc. (VSI)by Krent/Paffett Associates, Inc. were distributed to the Commissioners. Mr. Holman noted that the scale model drawings clearly indicate VSI's commitment to the development. OPAD will be meeting with Oldsmobile and VSI officials to continue discussions on a tenant lease potential. Mr. Holman indicated he is optimistic that discussions with Oldsmobile will lead to a decision to relocate its Vision Center to the Ottawa plant. Other scheduled meetings will be held with the R.E. Olds Museum Board of Directors and the State of Michigan to explore available museum grants, the Michigan Society of Association Executives and the Capitol Club, (comprised of association directors), and the City Club of Lansing to discuss the prospects of relocating to the Ottawa facility. Sparrow Hospital's market and financial feasibility study on a proposed fitness center has been completed, and OPAD plans to participate in a meeting with Sparrow officials and the City of Lansing to discuss possible city employee membership in a downtown health club. OPAD has started pricing a tenant build-out cost--comprised of space from the walls in--for VSI and other potential tenants. A question and answer period followed. The next progress report will be made at the regular Board meeting on March 26, 1996. Board Meeting Minutes 31 March 26, 1996 Customer Attitude Sun,ev. Dr. Andrew Morrison, Partner of Market Strategies, Inc. (MSI), presented the results of the semi-annual residential customer satisfaction and performance survey to profile the relationship between the BWL and these customers, and the BWL's market position in the changing energy utility marketplace. Dr. Morrison reported the findings relevant to changes in the last year, the Consumer Power proposal, and priority of key utility activities. He noted that since May 1995 to December 1995, the BWL's position with customers has weakened on three summary measures: (1) Satisfaction with electric service slightly decreased from 88% to 82%; (2)satisfaction with water service decreased six points to 84%; and (3)overall favorability fell from 85%to 79%. A combination of causes contributed to the diminished levels of customer satisfaction according to MSI observation. The most consequential factors are represented by a combination of anger over water rate increases; confusion about sewerage rates: and dissatisfaction occurring when customers interact with the BWL regarding bill related issues. Important positive findings include the increase in overall loyalty from 75%in May, 1995 to 80%currently. Awareness increased for BWL activities such as the potential sale of the BWL's main office building, new water agreements with Delta and Lansing townships, the Ottawa power plant commercial development, and winning the taste test for BWL water. Communications Director John Strickler reported on BWL communication efforts involving expanded radio spots featuring BWL employees and promoting the Connections newsletter readership. Lengthy discussion was held with respect to communication challenges in reaching the various customers groups ranging in ages 18-29 and 45-64. The Commissioners viewed a video segment of a focus group(BWL Citizens Advisory Committee) conducted in early fall to provide input to the Integrated Resource Planning(IRP)process. Issues of importance to customers and the community values as discussed by the focus group include Cost, Reliability, Local Control. Environment, Local Economic Concerns and Demand-Side Management. Dimondale Dam Project. John Elashkar, Director of Technical Services, and Jim Felts,project engineer for the Dimondale Dam project, presented an overview of the Dimondale Dam Disposition Study. Conclusions outlined in the study summarize pertinent issues which must be considered in determining the proper course of action for disposition of the Dimondale Dam located in the Village of Dimondale. A map depicting BWL-owned property surrounding the dam was displayed. The BWL obtained the dam in 1930 from the Michigan Heat and Power. Mr. Felts compared the following four options taking into consideration the economic, environmental, recreational, and sociological issues: Option No. 1 - Construct New Dam Option No. 2A-Major Dam Repair Option No. 2B-Minor Dam Repair Option No. 3 -Remove Existing Dam Option No. 4 -No Action The consequences of the various options were discussed. Prior to selecting an option, several things must first take place: (1)Review the study with the Michigan Department of Natural Resources(DNR)for input, (2) perform an appraisal of the Dimondale Dam property, and(3) meet with officials from the Village of Dimondale and Windsor Township. Once input is received by those impacted by the dam, staff is to report back to the Board with a recommendation for consideration. Communitv Involvement. General Manager Pandy gave an overview of community foundations established to benefit the community. He discussed the importance of local commitment to community involvement. The community involvement program supported by the Salt River Project in Phoenix, Arizona, was cited as a model, which includes corporate contributions and numerous community service through employee volunteers. Discussion was held with regard to the favorability aspect of a public utility that is committed to supporting its customers. Page 32 Board Meeting Minutes March 26, 1996 City of Lansing Communications. The Commissioners plan to continue to meet with their City Councilmember counterpart to encourage positive communication. Issues raised by Sandy Pensler at the Council's Ways and Means Committee meeting held March 6, 1996, were highlighted. A capsule report addressing issues discussed will be prepared for the Commissioners for reference. Lugnuts Tower. General Manager Pandy reported on the status of the proposed"Lugnuts Tower," the converted BWL brick chimney located on Jay Street at Cedar and Michigan Avenue. He told the Commissioners that the notion of putting the proposed"Lugnuts" lettering on the chimney was not approved by the City's Zoning Administrator because it was considered off premise advertising,which classifies it as a billboard. The City's sign ordinance prohibits billboards in the Capitol Center District. On the other hand, the shape of the nut on the tower could be construed as"public art" and, therefore,be exempt from the regulations of the Sign Code. Mr. Pandy noted that in combination with the lettering, the nut would be considered a sign. Mr. Pandy handed out an artist's rendering of the 155 foot chimney made to resemble a lug with a nut on it by wrapping the top of the stack with a nut shaped canopy and extending"threads"below the"nut" approximately eight feet. He reported that a total of$36,000 has been received in private donations to cover the cost of placing the nut sculpture on the chimney. Following discussion, the Board concurred with plans to convert the brick chimney into an identification point for the Oldsmobile Park stadium area. If and when the sign ordinance is amended. additional private funds would be solicited to cover the cost of the"Lugnuts" lettering. Respectfully submitted, David O'Leary, Chair Pro Tern COMMITTEE OF THE WHOLE BY COMMISSIONER EVANS SECONDED BY COMMISSIONER STROLLE That the Committee of the Whole Report be accepted as presented. Adopted unanimously. PERSONNEL COMMITTEE REPORT The Personnel Committee met on March 19, 1996, to consider pension fund items for the period October 1, 1995 to December 31, 1995. Present were Committee Members Evans, O'Leary, Pratt,and Strolle. Also present was Commissioner Hassler. The committee reviewed a quarterly report of the BWL Employees' Pension Fund investments for the quarter ending December 31. 1995. The report of the Personnel Committee has been forwarded to the Pension Fund Trustees for consideration. At the last Personnel Committee meeting held December 14, 1995, staff was asked to research costs of changes in funding actuarial assumptions; conduct an actuarial study to measure healthcare benefits liability;and to research what other municipals are doing in these areas. Treasurer/Controller Touslev presented the results of a supplemental actuarial report(dated February 6, 1996) outlining the contributions and unfunded liabilities for the various changes in funding assumptions. In summary, it was reported that the current mortality table used in the actuarial valuation is the 1971 Group Annuity Mortality Table. Significant improvements in life expectancies have occurred since this Board Meeting Minutes 33 March 26, 1996 table was developed: the 1983 Group Annuity Table reflects current experience very well and many plans have begun using this table. A review of current economic assumptions being used by public plans in Michigan shows that the spread between the interest rate and the base inflation portion of the salary scale varies from 1.5%(conservative) to 3.5%(optimistic). The spread used in the BWL's most recent valuation is 2%(7.5%interest minus 5.5%base inflation in the salary scale). This measure indicates that the economic assumption package currently being used is fairly conservative. The Personnel Committee submits the following resolution for Board consideration: Changes in Pension Funding Assumptions (Resolution 96-3-1) RESOLVED, That the BWL pension funding assumptions used by the actuaries to calculate the annual pension contribution be changed as follows: Assumptions determined by the BWL Investment Returns 7.5% No change Pay Projections 5.0% Change from 5.5% Mortality Table 1983 Group Annuity Change from 1971 Group Annuity Amortization(UAAL) 15 years Change from 30 years Funding Target 100% No change Assumptions determined by historical data, revised as recommended by actuaries Rates of Separation Probability Range Rates of Disability Probability Range Rates of Retirement Probability Range Active Group Size Constant These changes would have reduced the FY 96 pension contribution by$436.036 from $3,470.672 to$3,034,636 in FY 96)and increased Unfunded Actuarial Accrued Liabilities (UAAL)by$258,282. Since the fund is currently overfunded, the effect is to reduce the overfunding by 1.3%. These changes are consistent with recommendations made by our actuary and should result in a favorable actuarial valuation letter in the future. The net effect of these changes will gradually reduce the current overfunding situation. Other Matters The committee discussed alternatives for recognizing and funding post-retirement health insurance benefits. Once a study on post-retirement healthcare funding is completed, the results will be reviewed with the Personnel Committee. Discussion was held with regard to internal vs. external pension investment management. Staff was asked to research industry trends and provide suggested alternatives on how to assist the Board in monitoring the investment process. Respectfully submitted John Strolle, Chair PERSONNEL COMMITTEE Page 34 Board Meeting Minutes March 26, 1996 BY COMNUSSIONER STROLLE-- SECONDED BY COMMISSIONER O'LEARY That the Personnel Committee Report, including Resolution 96-3-1,be approved. Adopted unanimously. GENERAL MANAGER'S RECOMMENDATIONS ADMINISTRATIVE Res. No. 96-3-2 That the Board revise Resolution No. 96-1-2 concerning approval of a rail car lease agreement with Arkansas Power&Light c/o ENTERGY Services, Inc. BWL has not been able to come to agreement on lease terms with ENTERGY. Therefore, it is recommended that BWL enter into a lease agreement with RAILCAR Ltd., of Atlanta, Georgia for the supply of rail cars, subject to approval as to form by the BWL's legal counsel. The lease agreement particulars are as follows: 1. The term of this agreement will be thirty two(32) months(May 1, 1996 - December 31, 1998), with BWL having the right to a twelve(12) month extension. 2. RAILCAR,Ltd. will provide a train set of eighty three(83)used bottom hopper rail cars with the assurance that they will maintain the integrity of the train set at all times during the term of the lease. 3. The lease rate will be$320.00 per car/month(full service- inclusive of all normal maintenance expenses). ------------------ The RAILCAR Ltd. proposal will guarantee the supply of rail cars throughout the term of the lease while providing similar economic advantages as compared to the ENTERGY Services, Inc. proposal. Res. No.96-3-3 It is recommended that the Base, Goal and Ranges for FY 1995/96 Share the Success (STS) Water Reliability Measure(Total Customer Outage Hours)be revised from: Base: 3611.3 (Average of past four fiscal years based on an average 11 services/block) Goal: 2680.6 (Average of FY 94 and FY 95 based on an average of 11 services/block) Scoring Range: >3611.3 (3611.3 <----->2680.6) <2680.6 0 (10 <-----------22.5) 25 Board Meeting Minutes 35 March 26, 1996 To: Base: 4274.3 (Average of FY 94 and FY 95 actual customer outage hours) Goal: 3046.5 (FY 95 actual customer outage hours,best of FY 94 and FY 95) Scoring Range: >4274.3 (4274.3 <----> 3046.5) <3046.5 0 (10<--------->22.5) 25 The Base and Goal were established based on a limited sampling as to the number of water services per block. The monthly results are being reported based on the actual number of services interrupted and length of interruption. A subsequent review of the data for the past two fiscal years indicates that the assumed average of 11 services per block based on the limited sampling is not representative. The revision uses actual historical data to establish the Base and Goal. ------------- This revision would result in both the Base and Goal and the actual scoring being on the same basis, namely actual number of services interrupted and the actual length of interruption. There were 2318.4 total customer outage hours recorded through January 1996. The revised measure would result in 13 points earned as of January compared to no points for the existing measure. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER EVANS That Resolutions 96-3-2 and 96-3-3 be approved. General Manager Pandy stated that the rail car recommendation is the good work of Brian McLeod,Fuels Supply and Results Manager and his staff. Mr. Pandy responded to Lloyd Teets' observations(during Public Comments) relative to the 83 rail cars. He reported that in order to get the private car rate, a unit train is needed; a unit train consists of 75 to 100 cars moved as one unit by one string of locomotives. Each car has a capacity of approximately 80-100 tons per car. The BWL burns nearly 500.000 tons of coal per year. It was noted that Erickson Station alone burns 80 tons per hour,which is equivalent to a full rail car every hour. The turnaround time on these cars is typically ten to eleven days because they have to be brought in full and returned to the mines empty in Kentucky, and then reloaded and reshipped through two carriers back to Lansing. Mr. Pandy stated that the Fuels Supply staff conducted a scientific and professional analysis to determine the optimum savings for BWL customers;with the lease of 83 cars, a 75-car train and 8 spare cars will be in service. Commissioner Royal asked about the construction of the rail cars and Commissioner Strolle asked about the cars' life expectancy. Mr. McLeod responded that the used rail cars are made out of steel with a life expectancy well within the period of the lease. Resolutions 96-3-2 and 96-3-3 were adopted unanimously. Page 36 Board Meeting Minutes March 26,1996 HUMAN RESOURCES Res. No. 96-34 That Sheryl Adams, Office Supervisor, Water Transmission&Distribution, be awarded a total of $1,199.88 for suggestion proposal number 1995-093, to change action code parameters on CIS Water Main Tap&Curb Box SO1 screen to allow entry of"0" in footage, material type CD,and size CD fields. -------------------- By implementing this proposal, it is estimated that the BWL will realize a net savings of $11,248.84 in the first year. -------------------- Res. No. 96-3-5 That Stanley Keeler, Relay Technician for Electric Testing,be awarded a total of$134.80 for suggestion proposal number 1994-010, to train Line Department personnel to locate secondary faults for repair, eliminating need to call in Test Group. ---------------- By implementing this proposal, it is estimated that the BWL will realize a net savings of$598.00 in the first year. ------------------- Res. No. 96-3-6 That Diana Paul, Office Assistant, Water Transmission&Distribution, be awarded a total of $52.45 for suggestion proposal number 1995-076, to include all material for same account number and item number on one disbursement notice with ticket numbers from delivery slips listed for verification by Stores Department. ------------------- By implementing this proposal, it is estimated that the BWL will realize a net savings of$209.80 in the first year. -------------------- BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER EVANS That Resolutions 96-3-4. 96-3-5, and 96-3-6 be approved. Adopted unanimously. Board Meeting Minutes 37 March 26, 1996 TREASURER/CONTROLLER-CONSUMER SERVICES DIVISION Res. No. 96-3-7 The following policy governing the use and acceptance of credit cards is adopted. Use of Credit Cards by BWL Personnel • The Treasurer/Controller is the person responsible for credit card issuance,accounting, monitoring, retrieval and generally overseeing compliance with this policy. • Only designated officers or employees of the BWL may use a credit card for purchase of goods or services for the official business of the BWL. • Each cardholder shall submit documentation and adhere to procedures promulgated by the Treasurer/Controller. • The written procedure shall address specific accounting controls and the approval process required. • Each cardholder is responsible for the protection and custody of the card and shall notify the Treasurer/Controller immediately if lost or stolen. • Each cardholder shall return the credit card upon termination of employment. • The unauthorized use of a credit card by any officer or employee of the BWL is subject to the appropriate disciplinary policy up to and including termination. In addition, the BWL may seek criminal prosecution as circumstances warrant. • The total combined authorized credit limit of the credit cards issued shall not exceed 5% of the BWL's budget. • The balance including interest due on credit cards shall be paid within 60 days of the statement date. Acceptance of Credit Cards as Payment • The Director of Consumer Services is the person responsible for monitoring customer payment by credit card. • The BWL accepts credit cards as payment for any utility charge or fee, provided the cashier section processes the transaction. • Procedures governing the acceptance of credit card payments are embodied in Consumer Services Support Procedure#P09-54. • Currently the BWL accepts Visa, Mastercard and Discover. • The Director of Consumer Services may add or subtract from this list, if the financial transaction device selected has the same terms and conditions as the above. The BWL issued a credit card to each director in August 1994. The attached administrative procedure went to each cardholder at that time. The BWL began accepting credit card payments in July 1994. Agreements with our bank, First of America, regarding credit card transactions and Automated Clearing House(ACH) transactions are in place. In January 1996, the Michigan Legislature passed Act 266 of 1995 (HB 5019)which requires a written policy adopted by the governing body. The act grandfathers existing credit card arrangements, but requires the adoption of a written policy within six(6) months. The above policy statement and the attached administrative procedures meet the requirements of this Act. Page 38 Board Meeting Minutes March 26, 1996 BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER EVANS That Resolution 96-3-7 be approved. Adopted unanimously. Res. No. 96-3-8 Authorize the sale of obsolete Board-owned vehicles and equipment through competitive bids. The items are BWL units Nos. 2-1, 11-1, 29-1, 58-1, 68-1, 75-1, 88-1, 105-1, 112- 1, 120-1, 130-1, 134-1, 139-1, 146-1, 157-1, 163-1, 166-1, 171-1, 180-1, 184-1, 185-1, 186-1, 187-1, 189-1, 191-1, 194-1, 195-1, 198-1, 216-1, 735-1, 805-1, 813-1. -------------------- An itemized list is on file with the Corporate Secretary. -------------------- Res. No.96-3-9 Resolved, that, pursuant to Article E of the Wholesale Water Service Agreement with Delta Township, $2,909,000 received 2/12/96 from Delta Township, as advance payment for future BWL facility additions. be transferred to a new General Cash& Securities sub-account entitled "Water Facilities". -------------------- Delta Township, as part of their wholesale contract,agreed to pay in advance for certain future water production facilities required to serve wholesale water. These funds will earn interest until needed to construct the specific facilities contemplated in the agreement. The funds may be used for this purpose at any time. The Board must approve in advance any other use of these funds. The first expenditure ($503,000) is expected in FY 97 or FY 98 Capital Budget. The Commissioners have previously designated$8 million for uninsured losses (W, E, S)and$3 million for coal supply(E, S) in the General Cash and Securities account. -------------------- BY COMMISSIONER STROLLE SECONDED BY COMMISSIONER EVANS That Resolutions 96-3-8 and 96-3-9, respectively, be approved. Adopted unanimously. Board Meeting Minutes 39 March 26, 1996 WATER Res. No. 96-3-10 That the Board agree to serve water to proposed Water District No. 116, Delhi Township,as requested by resolution of the Delhi Charter Township Board on March 20, 1996, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 116 established by Township resolution on 3/20/96, and will provide a potable water supply to said district. 2. The Township will be required to make a$9,779.00 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement (Supplement CXVI)covering the furnishing of a potable water supply in Water District No. 116. 4. Water mains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$9,779.00 from the Township, the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement CXVI)to furnish a potable water supply in Water District No. 116. The geographical area of Water District No. 116 is as follows: Beginning at the northwest corner of M-99/Martin Luther King Blvd.,and Bishop Road,thence north 350 feet. To provide a potable water supply within the proposed new district requires the installation of 350 feet of water main and one fire hydrant at an estimated cost of $9,779.00 The main extension will serve one(1)commercial customer. One-time connection fees will amount to$2,975.00. Estimated annual revenue is$500.00. Water mains to be installed in spring of 1996 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. -------------------- BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER ROYAL That Resolution 96-3-10 be approved. Adopted unanimously. Page 40 Board Meeting Minutes March 26, 1996 GENERAL MANAGER'S REMARKS General Manager Pandy briefed the Commissioners on the following items: Llovd Teets' Misstatements. Mr. Pandy stated that he would further like to respond to Lloyd Teets' erroneous information presented during the public comments portion of the agenda. [Mr. Teets had earlier left the meeting.] 1. Marketing of excess generating capacity: The BWL sells approximately$10 million of wholesale power annually. In 1995 the BWL's excess power was sold out through the summer. A bid has recently been requested for a requirement of 1,500 MW,equivalent to three BWL total generating capacities. Predictions are that excess BWL capacity will be sold out again this summer. 2. Eckert units in operation: The Eckert Moores Park complex has three stacks with a total of ten units--three electric units each on the west and the center stack, and four steam units on the east stack. Mr. Teets is erroneous in saving only one unit runs. 3. Delhi Township Franchise: The BWL has a thirty-year franchise as does Consumers Power Company; they are not exclusive franchises as determined by the township and Michigan law. City Attorney Completes Review on Conflict of Interest Involving Joe Pandy. A copy of a memo to the Ethics Board from City Attorney James Smiertka,dated March 22, 1996,was handed out for review. In summary, the opinion states that no further investigation or inquiry is warranted by the Ethics Board, as none of the facts presented establish the existence of any ethics violation, either in the selection of Ottawa Park Associates,Developers(OPAD)or from the Mid-Michigan Water Authority(MMWA) to date. Mr. Pandy noted that the opinion comes of no surprise because everything that was done in connection with the Ottawa development was legal,ethical, and above board. Mr.Pandy added that he is grateful the City Attorney acted quickly and decisively in order to move on a more positive mode. Commissioner Strolle noted that it is his understanding there is going to be a thirty-day period of confidentiality to permit a thorough investigation before subjecting persons to public embarrassment. Mr. Pandy responded that the confidentiality language is part of an ethics ordinance that has not yet been acted on by the City Council. Mavor Hollister Comments on Evaluation of the BWL. A copy of a letter was handed out written by Mayor Hollister to Councilmember Ellen Beal, dated March 22, 1996, clarifying his position on what, if any, evaluation of the BWL should be conducted. In his letter, the Mayor attempts to clarify his position and to stress that the information the Council Ways and Means Committee is seeking is already available from the BWL. The Mayor also indicates he hopes an agreement can be reached on a scope of services and stands ready to cooperate with any evaluation. BWL Applies for Self-Assessment and Peer Review. Sue McCormick,Manager of Water Technical Support, received a letter from the American Water Works Association regarding their Quality Utility Service program. The BWL had applied for their peer review by other water utility professionals. The three utilities selected were the Columbus Water Works, Georgia, the City of Winnipeg, Manitoba, Canada, and the St. Louis County Water Company,Missouri. The BWL hopes to be reviewed by peer utilities sometime in the near future. Mr. Pandy noted that this would be a good way for the City to get information by trading services among professionals. Board Meeting Minutes 41 March 26, 1996 APPA Publication Re: Facts on Public Power. Mr. Pandy mentioned the name of a new publication from the American Public Power Association(APPA),entitled STRAIGHT ANSWERS To FALSE CHARGES AGAINST PUBLIC POWER. This document has been about eight months in the making. It discusses issues dealing with payments in lieu of tares,beating the competition, why public power rates are lower and other related issues. Copies have been ordered from APPA to distribute to the City Council, the media, and anybody who wants to know more about public power. BWL Communications Plan Reviewed. Mr. Pandy summarized the BWL's communication plan for dealing with false charges about the BWL and public power. A concise BWL reference booklet is being developed to respond to the various questions raised. BWL Cash Reserves Compared with Citv's Sewage Disposal System. Mr. Pandy reviewed an exhibit comparing the BWL's 16.2% cash reserves as of June 30, 1995, with the City's Sewage Disposal System cash on hand, ranging from 15.4%to 16.6%. The Sewage System pays the City a 1%return,while the BWL pays the City a 4%return. Propertv Tax Comparison for Top Ten Taxpayers. With regard to property tax calculations,the BWL's payment to the City as of June 30, 1995,was$5.8 million, while the top ten taxpayers paid approximately$3.8 million combined. The BWL represented 154%of what the top ten paid together. WASHINGTON Post Article on the Lansing Lugnuts. A copy of an article entitled"Will Baseball Come Through In the Clutch?" appeared in the WASHINGTON POST, March 25, 1996 issue. The article compares Lansing's new development to the old auto industry. Press Announcement on Oldsmobile Park Opening. A copy of Mayor Hollister's press announcement on grand opening celebrations scheduled for the Oldsmobile Park next week was handed out. Stadium construction workers will be honored on March 31; the first baseball game between Michigan State University and the University of Michigan is on April 3; and a free community tailgate luncheon will be held with food, entertainment and giveaways before the Lansing Lugnuts opening day game on Friday, April 5. Safetv Bonus to be Restored for Current Fiscal Year. Mr. Pandy reported that at a special management-union conference, agreement was reached to reinstate the 1%safety bonus program through this current fiscal year. Under the agreement, the safety bonus will be subject to union negotiation in the next contract. Based on the BWL's safety record this year, employees would be eligible for the safety bonus through June 30, 1996. Total Safety Performance. Mr. Pandy noted that the BWL is having a bad year on safety. The BWL's total safety performance number last year was 2.5 (a lower number represents a better score)with a goal of 4.0. The current safety incident rate at 9.07 is nearly twice what it was at this time in FY 1995. Factors contributing to the unfavorable safety performance point to the severity of this winter,employees are distracted due to the Council's prolonging of the Pensler proposal,and the 1993 downsizing of the organization resulting in fewer and less experienced employees. Capital Area United Way Campaign. A letter of thanks was received from Dr. Eva Evans, General Campaign Chair for the 1995 Capital Area United Way, acknowledging the BWL's time and efforts on the United Way campaign. The BWL received a bronze award for the employees' outstanding contibutions and support to the people of this community. Water Professionals from Korea Visit BWL. A letter of thanks was received from the Community Volunteers for International Programs for the BWL's hospitality toward the delegation from Korea. This activity was hosted by Clyde Dugan-Water Utility Director, and Sue McCormick-Manager of Water Technical Support. Page 42 Board Meeting Minutes March 26, 1996 Junior Achievement Efforts Recognized. Congratulations to Brian McLeod whose Junior Achievement team raised $6,185--they were the top team! REMARKS BY COMMISSIONERS No remarks. EXCUSED ABSENCE BY COMMISSIONER ROYAL-- SECONDED BY COMMISSIONER STROLLE That the absences of Commissioner Christian(iii), Lontz(out of town on business)and Pratt (vacation)be excused. Adopted unanimously. ADJOURNMENT On motion of Commissioner Royal, the Board adjourned at 6:50 p.m. A�� 4 LVIV Mary E. S� Secretary Filed: March 28, 1996 Marilynn Slade, City Clerk Page 43 MINUTES OF BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT Tuesdav,April 23, 1996 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street, Lansing, Michigan. The meeting was called to order by Chairman Hassler. Present: Commissioners Evans. Hassler, Lontz, O'Leary, Pratt. Royal and Strolle -7 Absent: Commissioner Christian - 1 The Secretary declared a quorum present. The Invocation was delivered by Chairman Hassler. The Pledge of Allegiance was said by all. f= --- APPROVAL OF MINUTES ' BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER EVANS 71 That minutes of regular session of March 26, 1996.be approved as filed. Adopted unanimously. PUBLIC COMMENTS CHAIRMAN HASSLER ANNOUNCED THAT MEMBERS OF THE PUBLIC WILL BE AFFORDED THE OPPORTUNITY TO ADDRESS THE COMMISSIONERS REGARDING ANY ITEM ON THE AGENDA AT THE TIME SUCH ITEM IS OPEN FOR DISCUSSION BY THE COMMISSIONERS. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO AT THIS TIME OR IMMEDIATELY PRIOR TO ADJOURNMENT. No persons spoke. COMMUNICATIONS No communications received. Page 44 Board Meeting Minutes April 23. 1996 COMMITTEE REPORTS COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on April 16. 1996, for a briefing on the following items: 1. Economic Development Projects- City of Lansing 2. North Lansing Landfill - DNR Notice of Operating License Denial 3. Related Matters as may properly be brought before the Committee Present were Commissioners Evans. Hassler. Lontz. O'Leary. Pratt. Royal, and Strollc. Absent was Commissioner Christian(sick leave). Ottawa Station Development Progress. Chris Holman, partner of Ottawa Park Associates. Developers (OPAD), reported that recruitment negotiations for Oldsmobile's Vision Center to the Ottawa Station project arc continuing. OPAD remains enthused with discussions that have taken place with Oldsmobile and Vision Service. Inc. It�%as noted that once a firm commitment is made by the potential major tenant, others will follow. A formal presentation by Oldsmobile with General Motors is still pending. General Manager Pandy informed the Commissioners that bids for the Ottawa Equipment Removal and Salvage Project are on hold. The two low bidders for the project have agreed to the time extension and will honor their bids as submitted on June 14. 1995. The next progress report on the Ottawa Station redevelopment project will be made at the regular meeting on April 23, 1996. Economic Development Projects. Pat Cook, Manager, Economic Development Corporation (EDC), presented a report of 1994-1995 Economic Development Projects in the City of Lansing, encompassing the"Old Town. Central Business District. and Pere Marquette." vicinities. She gave an overview of Mayor Hollister's strategic program in looking for ways to critique and recommend economic development objectives that the City could implement. Areas of concern included regional cooperation. effective uses of capital and leveraging additional capital, re-inventing City government, and strategic planning. As the City looked for ways to have an immediate impact on downtown's development activities, the concept of an entertainment district blossomed, driving a number of entertainment options in specific areas of the Central Business District to capitalize on providing unique family-oriented activities. Ms. Cook pointed to"partnering" efforts in the community involving applicants, business entrepreneurs. banks and the City jointly brought the projects to fruition. Another development strategy in operation for over one year involved the EDC setting up a small business loan program with a loan pool of$1.8 million. She indicated that from eight loans approved by the EDC Board, $1.3 million has been committed to financing, the equity partner for each project brought in additional $520.000, and a third piece of financing brought financial institutions. banks, tax credits, housing rehab dollars, historic preservation dollars, for another$2.5 million in new equity. The total program has encouraged and leveraged$4.4 million from the eight projects, creating approximately 150 new jobs. Commissioner Lontz suggested exploring the notion of creating a community economic development committee as a BWL standing committee to screen projects and dovetail activities with the City. Other potential areas worth investigating by such a committee might include rates and marketing efforts. Following discussion, the consensus was to place this item on the Board agenda for more in depth discussion. Hoard Meeting Minutes 45 April 23. 1996 North Lansing Landfill - DNR Notice of Operating License Denial. Technical Services Director John Elaslikar presented an update report on the BWL's action plan to deal with the saturated ash and the rising water table conditions at the North Lansing Fly Ash Landfill. The Board was first advised of this concern on September 12. 1995. Following ongoing communication with Michigan Department of Environmental Quality (DEQ) officials. a joint meeting has been set for April 22, 1996. at which time the BWL will have the opportunity to show cause. submit a closure plan, and submit an interim response plan to control or manage the source of groundwater contamination. including how to address the saturated ash problem. Available options to be discussed with the DEQ include: • Crcvts Road Landfill • Motor Wheel Disposal Site • Commercial Landfill • Relocate the Ash Onsite • Long Range Ground Water Remcdialion In reviewing an economic analysis of North Lansing Landfill alternatives. Mr. Elashkar indicated the most feasible option appears to be the Motor Wheel Disposal Site(MWDS)at a cost of$4.350.000. with an anticipated completion date of 1999. Assumptions arc: • Haul. 500.000 cubic vards(CY)of ash to the Motor Wheel disposal site • Raise the North Lansing Landfill floor and clay line it • Install a new monitoring system This option will be contingent to acceptable negotiations with the MWDS group for the BWL supply of the 500,000 cubic yards. Results of the April 22nd meeting with Department of Environmental Quality officials will be presented at our regular meeting of April 23, 1996. RELATED MATTERS Dve High Pressure Pumping Station Incident. Corporate Planning Director Roger Ophaug presented an overview of a pump failure at the High Pressure Pumping Station on Cedar Street that occurred at 5:30 a.m. on April 3. 1996. A ruptured flange caused the pump failure pouring over one million gallons of water onto Cedar Street within 25 minutes. Slides were displayed depicting the structural damage caused at the new pumping station. An investigation team is conducting a through inquiry to determine the extent of damage and associated costs. Efforts are underway to return the High Pressure Pumping Station back in service by May 1, 1996. (with pump No. 2 isolated) to assure adequate water reserves. RFQ to Report on the Value of the BWL. General Manager Pandy advised that 11 consulting firms had responded to the City of Lansing's Request for Qualifications (RFQ)on the evaluation of the Board of Water and Light. Midwest Utilities Pr000se ISO Formation. General Manager Pandy reported that a group of Midwest utilities have agreed to pursue the dcyclopmcnt of an independent system operator(ISO) that would be responsible for ensuring fair and reasonable access for all parties to the transmission grid. That formation was announced by American Electric Power Co., Detroit Edison Co.. Cinergy Corp. (in Ohio and Indiana), and Cenlerior Energy Corp. (Cleveland Electric and Toledo Edison). An area map was displayed showing the proposed service territory from West Virginia to Tennessee. to Kentucky. Ohio. Indiana, Michigan, Illinois. and Wisconsin. It was noted that a missing party to this filing is Consumers Power Co. The BWL has indicated its interest in joining the ISO through the Michigan Public Power Agency(NIPPA). Page 46 hoard Meeting Minutes April 23. 1996 Emnlovment Agreement for General Manager. General Manager Pandy briefed the Commissioners on his employment agreement for the benefit of the newer members. The BWL has been advised that WILX- TV-10 plans to submit a Freedom of Information Act(FOIA) request for employment agreements of all chief executive officers of agencies with the public sector. This has been prompted by the recent hiring of the executive for the City's MEGA Authority. This committee report is presented for information only. Respectfully submitted. David O'Leary, Chair Pro Tem COMMITTEE OF THE WHOLE BY COMMISSIONER HASSLER-- SECONDED BY COMMISSIONER EVANS That the Committee of the Whole Report be accepted as presented. Adopted unanimously. GENERAL MANAGER'S RECOMMENDATIONS ADMINISTRATION Res. No. 95-4-1 That the Board enter in a Rail Transportation Contract with Norfolk Southern Railroad (NS) and CN North America (CNNA) subject to approval as to form by the BWL's legal counsel. The contract particulars are as follows: 1. The term shall be from the effective date(approx. 5-1-96 through l-31-97). 2. There will be no minimum volume commitment. 3. The rates will be as follows: From origins in Kenova/Thackcr I Districts 7,000 Net Ton Single Car Train Load $16.99 $16.54 From origins in the Thacker II District 7.000 Net Ton Single Car Train Load $17.57 $17.05 -------------------- By entering into this contract with Norfolk Southern and CN North America. the BWL Will be able to expand its base of Spot coal suppliers. This will ensure that Spot coal opportunities arc maximized. Hoard Meeting Minutes 47 April 23.1996 -------------------- BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER EVANS That Resolution 96-4-1 (Administrative)be approved. Adopted unanimously. COMMUNICATIONS Res. No. 95-4-2 Authorize Market Strategies. Inc. to conduct a semi-annual customer attitude survey at a price not to exceed $22.000. -------------------- The survey is used to determine the perception of residential customers toward the BWL and its services. and to measure performance of certain communications programs and customer satisfaction for the Share the Success program. -------------------- BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER LONTZ That Resolution 96-4-2 (Communications)be approved. Adopted unanimously. PENSION Res. No. 954-3 That Jessica M. Gregory. Supervisor in Remittance Processing. be placed on a disability pension of$1.264.50 per month effective February 1. 1996. She has selected Option IV. with the provision that after her death, if her husband. Delbert J. Gregory, survives her he will receive 100%. or$1.264.50. per month for the rest of his life as provided under Option IV. If her husband predeceases her, the pension amount of$1.264.50 will revert back to the regular pension amount of$1.350.64 for the rest of her live as provided under Option IV. ------------------- Mrs. Gregory has worked for the BWL for 20.35 years and is 46 years of age. -------------------- BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER O'LEARY That Resolution 96-4-3 (Pension) be approved. Adopted unanimously. Page 48 Board Meeting Minutes April 23, 1996 WATER Res. No. 96-44 That the Board agree to serve water to proposed Water District No. 102. Delhi Township. as requested by resolution of the Delhi Charter Township Board on August 9, 1994. and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15. 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advised officials of Delhi Township as follows: 1. The Board will accept Water District No. 102 established by Township resolution on August 9, 1994. and will provide a potable water supply to said district. 2. The Township will be required to make a$41.332.50 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement (Supplement CII)covering the furnishing of a potable water supply in Water District No. 102. 4. Water mains arc to be installed in accordance with the current Board's Policies and Procedures for Water Scrvice. Further, that upon receipt of the sum of$41.332.50 from the Township, the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement CII) to furnish a potable water supply in Water District No. 102. The geographical area of Water District No. 102 is as follows: Holbrook Hills Subdivision Phase 3 -Lots 79 through 116 To provide a potable water supply within the proposed new district requires the installation of 1.670 feet of water main and fire hydrants at an estimated cost of $41.332.50. Delhi Township acknowledges this portion of the cost of said project. Due to required water main oversizing BWL's cost of the system extension will be$3,857.00. The main extension will serve thirty-eight(38) residential customers. One-lime connection fees will amount to$28.120.00. Estimated annual revenue is$12,920.00 Water mains to be installed in Summer of 1996 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. Prior Board action by Resolution No. 94-8-18. adopted August 23. 1994. to serve water to proposed Water District No. 102 --Holbrook Hills Subdivision Phase 3. Lots 79 through 116. Delhi Township, is hereby rescinded and superseded by new Board Resolution 96-4-4. -------------------- Board Meeting Minutes 49 April 23.1996 BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER EVANS That Resolution 96-4-4 (Water)be approved. Adopted unanimously. ADDITIONAL AGENDA ITEM Confidentiality Agreement with Southern Electric International, Inc. Mr. Pandy advised the Board on recent developments with Southern Electric about various ways the BWL can work with them in the development of a power supply project that is economical for our customers. A copy of a standard confidentiality agreement between the Board of Water and Light and Southern Electric International, Inc. (Southern Electric). a Delaware corporation, was handed out for review. Mr. Pandy reported that negotiations with Southern Electric are at a point where they would like to share some proprietary information with the BWL subject to a confidentiality agreement. In return the BWL would provide them with information such as heat rates and economics of our generating units for the purpose of enabling the parties to evaluate the project. This agreement was brought to Mr. Pandy by Southern Electric the afternoon just prior to the Board meeting (4/23/96), thus the reason for the lateness in placing this item on the agenda. He noted that the confidentiality agreement is a standard type of agreement between two utilities to share information that may be mutually beneficial. Commissioner O'Leary asked if the agreement is for the sharing of information only, or if it is because Southern Electric is interested in providing power in this area. Mr. Pandy responded that Southern Electric would like to become a provider of power in the Midwest generally, not just Lansing but Michigan, Ohio, Indiana, and Illinois. They are a large utility company. a division of a Southern company of Atlanta. GA. Commissioner Hassler asked if they have contacted other utilities. Mr. Pandy said that Southern Electric is working with other utilities in Michigan. They view some utilities, such as the BWL as friendly to them. and they view other utilities as being unfriendly competitors to which they would not like to have the information passed on. Mr. Pandy noted that the BWL would have a lot more to learn from them than they from us. Commissioner O'Leary asked if there is a downside to entering into this agreement. Mr. Pandy responded that he is not aware of a downside. The agreement is a formality because Southern Electric can easilv obtain information on the BWL through a Freedom of Information Act(FOIA) request. Commissioner Evans asked if political consequences could result from this agreement. Mr. Pandv responded that he is not aware of any. He said that entering into this type of agreement is a standard business practice between companies that arc going to share proprietary information that might be important to competitors. Southern Electric is going to be sharing with the BWL information of which limited agreements may have been signed with proprietor vendors of technology. Commissioner Hassler asked what Southern Electric would gain as the result of this agreement. Mr. Pandy responded that the BWL is the third largest electric utility in Michigan. The two utilities larger than the BWL are Consumers Power Co. and Detroit Edison Co.. and they are not particularly in a cooperative mode with utilities like Southern Electric. He clarified that it is not the intent to exchange Page 50 Board Meeting Minutes April 23, 1996 information that a private citizen mould be concerned about, such as customer and billing information. Specific information being discussed with them includes: (1) the net heat rate of the new combined cycle gas turbine technology being developed. (2) the relative efficiency of a coal-burning plant versus a natural gas burning plant, and (3) the efficiency that could be realized from combined cycle. producing both electricity and steam from more modern equipment. Mr. Pandy further noted that Southern Electric is interested in both working with the BWL and potentially being a supplier of services and technology to the BWL in the future if it is economical. Staff Attorney Wilhite interjected that as a general practice. the BWL could not make blanket promises of confidentiality in good faith, due to the Freedom of Information Act(FOIA). The BWL however. could make certain promises about exempt and protected information. Mr. Pandy stated that Southern Electric operates in many states: consequently, they understand FOIA laws and Sunshine laws. After a lengthy question and answer period. the following motion was made: BY COMMISSIONER O'LEARY-- SECONDED BY COMMISSIONER STROLLE To authorize the entering into a Confidentiality Agreement with Southern Electric International. Inc. for the purpose of holding negotiations on the possible development of a power supply project that would be economical for BWL customers. In the course of such negotiations it is anticipated that the parties will disclose to each other certain confidential proprietary information for the purpose of enabling the parties to evaluate the Project. The parties wish to enter into this agreement in order to protect the confidentiality of that information. Adopted unanimously. GENERAL MANAGER'S REMARKS The following informational items were presented to the Board: Formation of a Principal Shouuing District. General Manager Pandy reported that Downtown Lansing organizations. such as Lansing 2000. Inc. and other private sector groups, are in the process of forming a Principal Shopping District (PSD) in cooperation with the City of Lansing. The PSD. comprised of the central business center in downtown and the commercial area in Old Town, would be responsible for activities such as: (1)downtown maintenance services, (2)business recruitment and retention efforts. (3) maintenance of a downtown database inventory. and(4)advising the city on certain land use/planning matters, etc. To finance this effort and services, the PSD allows for levying special assessments against land and/or interests in land as a means to finance services of the PSD. This would replace the special assessment currently levied for mall maintenance. The rate assessment methodology provides for I 1 cents per square foot for first floor space and 5 cents per square foot for second floors and above. As an example, the annual assessment estimate for the Ottawa Street Power Station redeveloped would be approximately$7.000 per year under the proposed formula. This proposal needs to be worked out with the City Council and the Mayor. Commissioner Lontz gave an overview of the intent of P.A. 120 of 1961, amended in 1994. He stated that a Principal Shopping District would constitute a management board comprised of the majority of the businesses in the PSD. Two representatives serve on the board--one member representing the City and the Board Meeting Minutes 51 April 23.1996 other member from a neighborhood adjacent to the PSD. The City then must pass an ordinance to adopt the district, and a board then comes out of that. In response to Commissioner Evans inquiry relative to how this new structure would benefit Lansing, General Manager Pandy stated that this is aimed at revitalizing the downtown and establishing a district where the necessary levies would be raised to support important marketing activities, which ultimately help the tax base of the City. Commissioner Pratt asked if the same amount of money would be raised by the PSD's new assessment as compared to the mall maintenance assessment. General Manager Pandy responded that it is his understanding that more money is expected to be raised. The proposed ordinance to establish the PSD is scheduled for public hearing on April 29. 1996, at 7:00 p.m. in the Lansing City Council Chambers. The City Council would subsequently be considering the ordinance. Greater Lansing Labor Council Opposes the Sale of the BWL. A copy of a letter addressed to the Mayor and the City Council,dated April 11. 1996. was handed out for review. The letter was written by Glenn H. Freeman. President of the Greater Lansing Labor Council. in support of the BWL and opposing the buyout of the BWL by Consumers Power Co. Erickson Station Service Road to Close. General Manager Pandy reported that the BWL has petitioned the Eaton County Road Commission to abandon a portion of the Erickson Station service road because of various trash problems due to illegal dumping. North Lansing Landfill Update. Technical Services Director John Elashkar reported that BWL staff and outside legal counsel met with the Department of Environmental Quality(DEQ)staff and a representative from the Attorney General's office on April 22. 1996. The BWL's closure plan was presented to them as well as the interim response plan to control or manage the source of groundwater contamination, including how to address the saturated ash problem, as discussed at the April 16, 1996. Committee of the Whole meeting. BWL options included a combination of relocating the fly ash. the Motor Wheel Disposal Site, and the Creyts Road Landfill. Legal arguments were presented by BWL representatives as to why DEQ should not close the North Lansing Landfill. DEQ officials promised to respond within three weeks. Mr. Elashkar told the Board that negotiations with Motor Wheel arc continuing for the BWL supply of 500.000 cubic yards of ash. Report on Robert Van Ells Iniury at Erickson Station. General Manager Pandy reported on an unfortunate accident which occurred on the afternoon of April 23, 1996, involving Erickson Operations Supervisor Robert Van Ells, who was hit by three weights while working in the power planCs electrostatic precipitator hopper(dust collector). The dust collector has wires which are part of the electrostatic mechanism with 25 pound weights on the wires to keep them in tension. While he was on the scaffolding, one of the wires broke and dropped three weights. The first weight knocked his hard hat off(he was wearing proper safety equipment): the second weight hit him behind the left ear and gashed his head about one inch, requiring four stitches: and the third weight hit his hand, causing swelling, but it was not broken. Mr. Van Ells was transported to St. Lawrence Hospital. where a CAT Scan was taken. After determining there was no neurological injury, he was released and returned to work on that same afternoon. Mr. Pandy reported that a team formed to investigate the cause of the accident has identified that a fixture was molded to the weights to improve the design, but apparently not so improved in terms of safety. The molded fixture was apparently eroded by the fly ash. Sparrow Hospital Groundbreaking for New Out-Patient Services. Groundbreaking was held for Sparrow Hospital's 200.000 square foot addition on the south side of Michigan Avenue and the pedestrian bridge to connect the existing facilities to the new facility, The project. mainly for out-patient services, is expected to be completed in December, 1997. Page 52 Hoard Meeting Minutes April 23. 1996 FOIA Request RE: General Manager Employment Agreement and Lugnut Expenses. A Freedom of Information Act(FOIA) request has been received from WILX-TV 10 for a copy of the Employment Agreement with General Manager Pandy and for the amount of monies spent by the BWL for Lugnut tickets. the suite at the Oldsmobile Park Baseball Stadium and furnishings. Mr. Pandy said that he believes the Employment Agreement interest was sparked by the i iring of the MEGA Authority Director. It is not known what sparked the interest of the baseball suite information. Mr. Pandy told the Board that all the information requested will be fully disclosed. Ottawa Street Power Station Redevelopment Update. General Manager Pandy reported that there is nothing new to report on the Ottawa project, since both John Rock, General Manager of Oldsmobile, and John Burgess. Vice President of Vision Services. Inc., are out of town. Trends in U.S. Electricity Rates by Customer Class. General Manager Pandy stated that contrary to prevailing belief. U. S. industrial electricity rates are not rising in real terms(actual, minus inflation). He compared U.S. trends to the BWL in electricity rate decreases by customer class from 1985 to 1994 as follows: Rates U. S. Trends BWL Trends Residential - 7% - 24.5% Commercial - l 1% - 24% Industrial - 22% - 24.2% U. S. trend information was obtained from The Electricity Journal, April. 1996. This comparison shows that the BWL performed better than the U. S. average in reducing rates in a rather uniform manner for all classes of customers. Chairman Hassler noted that this would be excellent information to share with customers in the CONNECTIONS newsletter. Discussion on Economic Development Involvement. At the Committee of the Whole meeting of April 16. 1996. Commissioner Lontz suggested looking into the formation of a standing committee to focus on economic development projects and marketing efforts. The objective of the committee would be to: (1) retain businesses in this area. (2) attract new national or international industries to the City, and (3) look at long-term project strategies: i.e.. explore a phase 2 approach for the Ottawa Park Associates. Developers(OPAD) project for the adjacent property between the Ottawa Plant and the Shiawassee Bridge. Commissioner Evans agreed with the suggestion, but noted the idea will need to be joined with key visionary players. She noted that the BWL cannot do this alone. Commissioner Hassler agreed that the suggestion is a good one, but reminded that the responsibility of the Board is not to manage. but to receive information from staff as input to set policy. He said that there arc economic development committees within the City, and the Board needs to capitalize on those by working with them. He further noted that General Manager Pandy is already a member of the City's Economic Development Corporation (EDC). from which he receives input. Commissioner Lontz remarked that the management vs. policy separation issue is a valid point to put on the table. He suggested merging management and policy-making responsibilities together. As an example, he said the Citizens' Focus Group formed as an interim committee for providing input to the Integrated Resource Planning process was an excellent endeavor, on which Board members were also invited to participate. Hoard Meeting Minutes 53 April 23, 1996 Commissioner O'Leary stated that he believes it is a staff function to sit down and brainstorm on economic development strategies in conjunction with other committees within the City. Staff recommendations should then be brought to the Board for discussion and consideration. Commissioner Pratt inquired what would have been gained or lost by having an economic development committee looking at the redevelopment of the Ottawa Street Power Plant. Commissioner Hassler responded that three subcommittees wvere formed comprised of Commissioners and staff for a thorough review of the most viable development proposals for the Ottawa Power Plant. He noted that the reason the subcommittees in this manner were formed was due to a potential conflict of interest on the part of the General Manager who could not be involved in the evaluation process. Commissioner Pratt indicated that forming a committee with a focus may be worth further investigation. It could mean greater staff involvement with economic development issues,which would come back to the Board for policy decisions. Commissioner Evans stated that regardless of its composition or the manner in which such a committee is implemented. it is the thought that someone would focus on the things that make Lansing an attractive place. She said that if she were constructing a"think tank." she would staff it primarily with people who arc visionaries and with maybe one or two pessimists. She illustrated that Detroit became an island, and noted that developments as in Southfield.Troy and West Bloomfield were all in downtown Detroit. She said she would hate to see that happen to Lansing because the survival of Lansing and the region requires some visionary thought from people who are not afraid to speak up and take chances. General Manager Pandy commented that the Economic Development Corporation(EDC)on which he serves basically is not a think tank. The EDC is primarily a board that administers economic development funds of the City of Lansing for projects. particularly within the downtown area. The EDC is more of a governance board reacting to projects that come forward as opposed to what Commissioner Evans is describing in terms of visionary thinking on what could be done to create development. Mr. Pandy spoke in favor of a BWL committee focusing on economic development. because utilities have traditionally been involved in economic development even when they enjoyed monopoly status. They did it because what was good for the community was good for the utility. He said that more importantly the utility industry has restructured to a market force situation with retail wheeling, open access. aggregation of loads by businesses. and shopping. It is more important than ever for the BWL to gear up to compete because businesses in this community arc in global competition, and they need the business retention help. Mr. Pandy noted that the BWL has identified the top sixty customers, and marketing people are calling to assist in retaining their business in Lansing. He said that the BWL has not made a significant budgetary commitment to this type of endeavor. as the utility is still operating in a traditional monopoly mode. Commissioner O'Leary asked how the Lansing Regional Chamber of Commerce's Capital Choice program is involved. General Manager Pandy remarked that Capital Choice is the Chamber's effort in marketing the Lansing region through voluntary contributions. The BWL has contributed $10.000 per year to that effort over the past four years. for a total of$40.000. Capital Choice typically raises about$1.5 million used to market the Lansing region. They produce informational resources about the tri-county area. and are involved in finding new opportunities to recruit companies in the Lansing area. The BWL has provided strong marketing support by estimating utility costs, identifying sites. and working on infrastructure issues. Mr. Pandy has been on the Capital Choice Steering Council since its inception four years ago. Their success. however, has not been directly in the BWL's service territory. Capital Choice has brought projects to Eaton Rapids and Williamston. Although these projects help support the Lansing economy in terms of people coming to town to shop and dine, the City.of Lansing has not yet landed a large industry. Page 54 Board Meeting Minutes Apri 1 23. 1996 many cities have had Capital Choice initiatives for 15 years, and noted that at least the tri-county area is gaining ground. Commissioner O'Leary remarked that the point is that the BWL should be cooperating with Capital Choice in whatever the utility does. whether it is for retaining or attracting new businesses. Whatever program the BWL comes up with should be part of their marketing plan. General Manager Pandy noted that the BWL is cooperating through its Economic Development Rider. The Capital Choice brochure points to low utility rates as one of the top reasons for businesses to locate in Lansing. Commissioner Lontz commented that while he was serving on Mayor Archer's staff in Detroit for one year. their retention and attraction program was not set up by the Chamber, but by Detroit Edison Co. for a very practical reason, and it was that they had built all their infrastructure in the central city. Commissioner Lontz also commented that he feels comfortable on the Board when the three utility directors come to present reports on steam,electricity. and water. They know what they are doing, the Board knows what decision it has to make, and knows that all the alternatives have been analyzed. But the Board does not have someone providing statistical information on growth, non-growth, unemployment. and those factors that relate back to the utilities and the Lansing area. He said the BWL needs this type of a focus with periodic reports to the Board. General Manager Pandy stated that the BWL has excellent marketing people in its Marketing Department. He noted that among them are Mark Taylor and Linda Rasor,who are known throughout the community. Positive feedback is frequently received from developers, persons from EDC and the Chamber of Commerce. Commissioner Strolle supported Commissioner Lontz's suggestion of placing more emphasis on economic development strategies. He agreed that the BWL needs to be proactive by elevating this function with resources. Commissioner O'Leary suggested having someone from the marketing staff make a presentation on what the BWL is currently doing relative to marketing efforts and promoting economic development. Commissioner Hassler added that staff suggestions on ways to place greater focus on economic development issues discussed this evening would also be helpful. Following discussion, there was consensus that once the Board has a better understanding of what is being done, a decision can then be made on how it wants to proceed. General Manager Pandy suggested that in addition to the BWL's Economic Development Rider, certain areas within the City might be identified for marketing purposes from which there could be a special rate. such as targeting certain parcels that arc redeveloped. Commissioner Hassler asked about the status of a proposal presented at a Committee of the Whole meeting on September 13. 1994. relative to the possible sale of the BWL"s Comfort Street property. Corporate Planning Director Ophaug responded that negotiations on a potential sale are continuing. The primary problem is trying to get truck traffic in that area without rebuilding surrounding streets and buying out a few homes to reroute the streets. Funding issues also need to be resolved. Mr. Ophaug indicated that a combination of efforts involving the BWL. the interested buyer, the City and others arc needed to move negotiations forward. Board?Meeting Minutes » April 23. 1996 REMARKS BV COMMISSIONERS Commissioner O'Leary thanked Councilmcmbcr Leeman for attending the Board meeting. Chairman Hassler commented that the Commissioners look forward to having other Councilmembers attend meetings of the Board as well. EXCUSED ABSENCE BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER EVANS That the absence of Commissioner Christian(sick leave)be excused. Adopted unanimously. ADJOURNMENT On motion of Commissioner Royal, the Board adjourned at 6:30 p.m. Mary E. S Secretary I Filed: April29, 1996 Marilynn Slade, City Clerk Page 56 MINUTES OF BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT Tuesday,May 28, 1996 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing, Michigan. The meeting was called to order by Chairman Hassler. Present: Commissioners Christian, Hassler,Lontz,O'Leary,Pratt, and Royal-6 Absent: Commissioner Evans and Strolle-2 The Secretary declared a quorum present. The Invocatign was delivered by Chairman Hassler. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES BY COMMISSIONER O'LEARY-- SECONDED BY COMMISSIONER LONTZ That minutes of regular session of April 23, 1996,be approved as filed. Adopted unanimously. PUBLIC COMMENTS CHAIRN AN HASSLER ANNOUNCED THAT MEMBERS OF THE PUBLIC WILL BE AFFORDED THE OPPORTUNITY TO ADDRESS THE COMMISSIONERS REGARDING ANY ITEM ON THE AGENDA AT THE TIME SUCH ITEM IS OPEN FOR DISCUSSION BY THE COMMISSIONERS. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO AT THIS TIME OR IMMEDIATELY PRIOR TO ADJOURNMENT. No persons spoke. COMMUNICATIONS No communications received. Board Minutes Page 57 May 28, 1996 COMMITTEE REPORTS COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on May 14, 1996, to receive staff reports on the following items: 1. Fiscal Year 1997 Budget 2. General Motors Steam Contract 3. Electric Pricing Strategies 4. Economic Development Activities 5. Related Matters Present were Commissioners Evans, Hassler, Lontz,O'Leary,Pratt,and Strolle. Absent were Commissioners Christian(Bereavement)and Royal(out-patient surgery). Fiscal Year 1997 Budget Review. Treasurer Controller Dana Tousley presented details on the proposed Fiscal 1997-budget, including the Projected Income Statement and cash flow forecast by utility. The Operations and Maintenance(O&M)budget to budget percentage change is 0.6%higher than last year's budget. A budget variance analysis indicated the following: Program/Reason Primary Reason FY97 Budgeted Increase Net Labor Decrease in budgeted positions&pension cost $ (851,011) Outside Services and Other Increase in outside services 1, 791,212 Coal&Chemical&Purchased Power Increase in purchased power&chemicals 154,634 Vehicle&Material Costs Increase in material cost 177,016 Transfer to Capital Increase in transfers to capital (401,754) Total Change Budget to Budget $ 870,097 BY THE CON511TTEE OF THE WHOLE: Fiscfrc YEAR 1996-97 BUDGET (Resolution 96-5-1) RESOLVED, That the annual budget covering Fiscal 1996-97 be approved as presented (See Attachment A -last page of minutes). FURTHER RESOLVED, That the capital projects in Exhibit 3 of the budget booklet be authorized in the amount of the project estimate. Total capital expenditures for Fiscal 1996-97 are limited to the amount included in the budget. General Motors(GM) Steam Contract. Steam Utility Director Joette Woodard-Yauk reported that final agreement has not yet been reached on GM's Small Car Group(SCG) Steam Supply Agreement. She presented a status report on major provisions in the last draft of the Agreement. It was noted that the BWL is proceeding with construction based on the November 29, 1995,Letter of Authorization from GM/SCG in the absence of a Steam Supply Agreement and a License Agreement for the steam main and facilities on GM property. While these agreements are being completed,construction is proceeding in order to meet a December 31, 1996 service date. Listed below are key points presented: • Contract awarded to Pipe Systems, Inc. for design and construction of required steam main and facilities is being amended. Page 58 Board Meeting Minutes May 28, 1996 • As a result of efforts during Phase I, the contract cost was reduced by almost$2 million. • BWL contract amendment will authorize Pipe Systems, Inc. to proceed with Phase II (actual construction)for lump sum of$8,949,700 for both Phase I and II. • Total itemized project cost: Pipe Systems, Inc. Contract $ 8, 949,700 Easement&Right of Way Fees 50, 000 BWL Engineering Cost 399, 824 Communications Equipment 100, 000 Contingency(incls. portable boiler connection) 500, 000 Total $ 9, 999, 524 Included in FY 1997 Annual Budget $ 10, 400,000 Issues yet to be resolved with GM/SCG include: • Term provision and consequences of termination • Specific designation of excessive curtailment hours BY THE COMIvII`TTEE OF THE WHOLE: DESIGNATED A GREEWENT ADMINISTRATORS FOR STEAM SUPPL YA GREEwovT WITH GM/Swa CAR GROUP (Resolution 96-5-2) RESOLVED, For purposes of administering the Steam Supply Agreement, Steam Utility Director Joette Woodard-Yauk is hereby designated as the Primary Agreement Administrator and Peter Thelen, Steam Production Manager, as Secondary Agreement Administrator. This designation assures smooth contract coordination and grants authorization to modify conditions of service involving quality issues. A change to financial obligations would require Board approval. The Board concurs with issues negotiated to date. The Steam Supply Agreement is targeted to be presented to the Board for approval at the regular meeting on May 28, 1996. Proposed rate schedules are submitted under the General Manager's Recommendations,which will be the subject of a Public Hearing on July 16, 1996. Future Electric Pricing Strategies. Treasurer/Controller Dana Tousley reported on preliminary activities that have taken place over the last six months to one year in preparation for possible electric rate changes. Rate-Making Principles were summarized, and the following BWL Electric Rate objectives were discussed in detail: 1. Maintain cost based rates. 2. Give consideration to market conditions. 3. Adjust commercial and industrial rates to conform with objectives 1 and 2 (above). 4. Increase revenue(approximately 8.5%)over the next three(3)years. 5. Minimize impact of deregulation on all. 6. Contract with larger customers to encourage retention. 7. Increase flexibility of rate structures. In presenting his analysis, Treasurer/Controller Tousley reported that the Electric Utility needs an increase in revenue to partially fund a projected cash flow deficit in FY 1999 and bring the electric utility rate of return closer to the 4%target. Board Minutes Page 59 May 28, 1996 BY THE COIv NE=E OF THE WHOLE: AUTHORIZATION TO DESIGNELECTRIC RATE SCHEDULES (Resolution 96-5-3) RESOLVED, That staff be directed to design and propose electric rate schedules that increase annual revenues 2.0%. The tentative schedule for the rate-setting process is: July 16, 1996 -Review proposed rate schedules at the Committee of the Whole mtg. July 28, 1996 - Set public hearing date September 10, 1996 -Public hearing to be held Economic Development Activities. Mark Taylor,Manager of Electric Customer Projects and Marketing, presented an overview of economic development efforts to attract, enhance, and retain major customers in the BWL service area. Efforts include: 1. Interface with Lansing Regional Chamber of Commerce on an ongoing basis. 2. Participate in Chamber of Commerce's Regional Economic Development (RED)Team, which recently organized an economic summit to analyze the region's performance against other regions where Lansing competes for new investment. 3. Contribute$10,000 annually(since 1992)to Chamber of Commerce's Capital Choice program for marketing the Lansing(tri-county)region.. 4. Attend trade shows and conferences to bring BWL incentive issues to current and prospective customers, and to assess marketing issues for the BWL to provide desired customer products and services. 5. Offer economic development incentives for commercial and industrial customers when the availability of the incentive is a major factor for the customer locating or expanding its operations and it benefits the BWL and its customers. 6. Provide major customer support to ensure they receive maximum benefits. 7. Survey commercial and industrial customers for customer satisfaction and service enhancements. (See Addendum, to Committee of the Whole Report- Resolution 96-5-15, regarding survey of commercial customers,page 60.) Mr. Taylor noted that in the last five years, the BWL has competed for 117 projects and was successful in acquiring 104 (89%) of them. An outline prepared by Commissioner Lontz on suggested community and economic development issues was handed out for review. Following discussion, staff was directed to prepare a strategic plan on BWL economic development goals for discussion at the July ;6th Committee of the Whole meeting. Page 60 Board Meeting Minutes May 28, 1996 (ADDENDUM TO COMMITTEE OF THE WHOLE REPORT) There being no objection, the following resolution was added to the Committee of the Whole Report: ELECTRIC SYSTEM CONTROL Res. No. 96-5-15 That a contract for commercial and industrial customer satisfaction surieying services be awarded to Synergic Resources Corporation, for a cost not to exceed$84,976. This surveying effort is intended to establish a commercial and industrial customer satisfaction benchmark for all these utilities, segmentation of these customers, and an evaluation of potential new products and services for this class of customer. This recommendation is a product of the Customer Flexibility and Services Task Force. This surveying effort is expected to be completed by August, 1996. Other bidders were Market Probe, Inc.,Market Strategies, Inc., and X energy, Inc. A report detailing proposal evaluation is on record with the Secretary of the Board. General Manager Pandy noted that staff plans to personally contact the large industrial customers for direct input on their needs. Consequently, the not to exceed$84,976 figure will be a lower amount based on a commercial focus rather than both a commercial and industrial focal point. Related Matters. General Manager Pandy briefed on the following items: 1. OTTAWA STATION REDEVELOPMENT. Due to out of town commitments, representatives for Ottawa Park Associates,Developers(OPAD)were unable to attend the Committee of the Whole meeting to present their progress report on Vision Center negotiations. An update will be presented at the regular meeting on May 28th. 2. MIDWEST ISO PRINCIPLES. BWL and Michigan Public Power Agency(N PPA) staff have attended meetings of the Midwest Independent System Operator (ISO)--a regional transmission group being organized by the American Electric Power(AEP) Co., Detroit Edison Co. and others. Midwest ISO Principles were summarized. 3. CONFIDENTIALITY AGREEMENT. The Confidentiality Agreement with Southern Electric International (SEI) has been signed. The first meeting with SEI officials was held at the B WL on May 14th,where discussion on initial ideas for partnering opportunities took place. SEI has agreed to sign a Not to Compete Agreement with the BWL. 4. CONFLICT OF INTEREST DISCLOSURE. An updated Conflict of Interest Disclosure from General Manager Pandy, dated April 30, 1996,was filed with the Board. 5. BWL COMMUNICATION CAMPAIGN. Copies of forthcoming bill stuffers, communicating the value of the BWL were distributed. Board Minutes Page 61 May 28, 1996 6. AWWA SELF ASSESSMENT AND PEER REVIEW. The BWL is participating with the AWWA Water Research Project to benchmark water utilities and determine customer satisfaction. 7. CUSTOMER ATTITUDE SURVEY. The spring customer attitude survey has been completed by Market Strategies, Inc. Preliminary results as compared to last December's survey look very good. Survey details will be reviewed at a future meeting. 8. STATUS OF PURCHASE AGREEMENT FOR 123 W. OTTAWA PROPERTY. A copy of a letter to Patrick T. Reid,Reid and Reid Law Offices,from Staff Attorney Larry Wilhite, dated May 9, 1996,regarding the Contract for the Purchase of Real Estate at 123 W. Ottawa Street,Lansing was handed out for review. The letter advises that the contract between Capitol Annex L.L.C. and the BWL is set to expire on June 30, 1996. Vlahakis Realty Company who submitted a back-up offer on the property is being notified of the impending contract expiration date with Capitol Annex. If it is clear that Capitol Annex will be unable to proceed with closing,and if negotiations with Vlahakis Realty are unsuccessful by June 30th, the Board plans to explore other alternatives to dispose of the property. 9. ALTERNATIVE FUELS AND TECHNoLOGIES. Jack Hill reported that the U.S. Department of Energy(DOE)is seeking an industry partner that will volunteer information about its generating station for use as a site for a conceptual design. The site will not be modified,however, it will be given a detailed evaluation for unit repowering with advanced pressurized fluidized-bed combustion(APFBC). DOE will supply the funds for a study performed by Parsons Power Group, Inc. to develop a conceptual design and economic evaluation using procedures familiar to the BWL. A major benefit of APFBC is that it would allow higher sulfur coal to be burned more efficiently, resulting in lower coal costs. The BWL has submitted an application for the APFBC repowering project designating Eckert Station for the site. DOE plans to make a decision from among three applicants within a couple of weeks. Respectfully submitted, /s/David O'Leary, Chair Pro CON4NIITTEE OF THE WHOLE BY COMMISSIONER CHRISTIAN— SECONDED BY COMMISSIONER PRATT That the Committee of the Whole Report, including Resolutions 96-5-1, 96-5-2, 96-5-3, and addendum item 96-5-15, respectively,be approved as presented. Adopted unanimously. Page 62 Board Meeting Minutes May 28, 1996 FINANCE COMMITTEE REPORT The Finance Committee met on February 27, 1996, to receive a quarterly report from the Internal Auditor. Members present were Commissioners Christian, Hassler, Lontz, and Royal. Also present were Commissioners O'Leary and Strolle. Internal Auditor Kellie Willson briefed the Committee on the following projects in which she has been involved: Production Maintenance Inventory. She continues to work with the project team responsible for establishing an auditable inventory system at Production Maintenance. Internal Control Evaluation. She designed a project called Systems Assessment. Governmental Accounting Standards. She has been representing public power on a task force charged with developing new standards for investment accounting. The Committee received a special report on accounting standards. BY THE FINANCE COMMITTEE GOVERNMENTAL ACCOUNTING STANDARDS BOARD(GASB) STATEMENT#20,PARAGRAPH 7 (Resolution 96-5-4) WHEREAS, GASB Statement#20 provides in paragraph 7 that municipal utilities may apply all FASB(Financial Accounting Standards Board)Statements except for those that conflict with or contradict GASB pronouncements. GASB emphasizes that this is "interim guidance." They have made it clear they would like to prevent municipal utilities from following any FASB Statements issued after November 30, 1989. Adopting paragraph 7 is the officially sanctioned way to maintain as much comparability as possible. It is the approach that BWL and most utilities in public power have taken to date. NOW, THEREFORE, BE IT RESOLVED, That the Board supports the position taken by APPA (American Public Power Association)by approving the GASB Statement#20, Paragraph 7. Respectfully submitted, Ernest J. Christian, Chair FINANCE CONIIvIITTEE BY COMMISSIONER O'LEARY SECONDED BY COMMISSIONER PRATT That the Finance Committee Report, including Resolution 96-5-4, be approved as presented. Adopted unanimously. Board Minutes Page 63 May 28, 1996 GENERAL MANAGER'S RECOMMENDATIONS ELECTRIC PRODUCTION DIVISION Res. No. 96-5-5 That the Board authorize$100,000 to cover the cost of installing"sonic horns" in the stacks at Eckert Station. The request is being made to allow the transfer of the project costs from Eckert Station Operations&Maintenance Budget to the Capital Budget which allows it to be depreciated as an asset. Approximately four years ago the Board purchased and installed, on O&M, sonic horns for the Moores Park stacks on a trial basis. The horns emit a high energy sound wave that is used to clean the inside of the stack liners. Presently the horns sound twice daily for 30 seconds each. From across the river it sounds like a faint fog horn. We verbally told the MDNR and the neighbors we would install horns in all the stacks if the tests showed positive results. After two years the number of"fall out" complaints involving flaky ash from the Moores Park stacks has diminished. The horns were ordered for Eckert Station, using O&M funds, in FY 94/95. Our plans were to install the horns using BWL forces. Work schedules have not permitted this to happen. Therefore in January 1996, Production Maintenance hired contractor supplemental help to install the horns before summer loads. Commissioner Hassler commented that there seems to be a misunderstanding when budgeting for planned capital projects. As an example, he noted that the total FY'96 capital budget approved by the Board should remain unchanged, despite the addition of new unplanned capital expenditures during the year. The planned capital budget should not be amended to include an increase to cover a major expenditure. Additional funds for a major expenditure should be found within the current fiscal year budget, particularly since it is unlikely all expenditures listed in the capital budget would be made during the fiscal year. BY COMMISSIONER O'LEARY-- SECONDED BY COMMISSIONER CHRISTIAN That Resolution 96-5-5 be approved as submitted. Adopted unanimously. LEGAL Res. No. 96-5-6 That the purchase of the following insurance coverage be approved: Business travel accident insurance from the Lansing Insurance Agency representing Life Insurance Company of North America,for a 3 year period commencing June 10, 1996, at three year pre-paid premium of$3,249.00. This would provide a principal sum of$100,000 per person for accidental death and dismemberment up to$500,000 per accident. Page 64 Board Meeting Minutes May 28, 1996 The expiring similar coverage is with the Lansing Insurance Agency representing Life Insurance Company of North America,for the 3 year period from June 10, 1993 to June 10, 1996, at three year pre-paid premium of$4,374.00. Other bids received were from the Lansing Insurance Agency representing the AIG Life Insurance Company at a three year pre-paid premium of $5,576.00 and the Lyman and Sheets Insurance Agency representing the Commercial Life Insurance Company at a three year pre-paid premium of$5,449.00. BY COMMISSIONER O'LEARY-- SECONDED BY COMMISSIONER CHRISTIAN That Resolution 96-5-6 be approved as submitted. Adopted unanimously. PENSION Res. No. 96-5-7 That Sandra K. Gibbs be placed on a straight disability pension of$610.89 per month effective September 24, 1994. Ms. Gibbs worked for the BWL 13.32 years and is 43 years of age. BY COMMISSIONER CHRISTIAN— SECONDED BY COMMISSIONER ROYAL That Resolution 96-5-7 be approved as submitted. Adopted unanimously. STEAM Res. No. 96-5-8 Authorize the General Manager to execute a Steam Supply Agreement with General Motors (GM), Small Car Group(SCG), subject to terms and conditions which meet the approval of the Staff Attorney, Steam Utility Director, and the General Manager. This contract will provide for extension of BWL steam mains and service to interconnect to General Motors SCG Plant 6 as authorized by GM's letter of agreement. Board Minutes Page 65 May 28, 1996 BY COMMISSIONER CHRISTIAN-- SECONDED BY COMMISSIONER O'LEARY That Resolution 96-5-8 be approved as submitted. Adopted unanimously. TREASURER/CONTROLLER Res. No. 96-5-9 That a Public Hearing on the proposed new General Steam Service Rate No. 3 (see Attachment B -last page of minutes)be scheduled for July 16, 1996, at 5:30 p.m. in the Board Room. The-purpose of the Public Hearing is to receive public comment on establishing this new rate schedule. BY COMMISSIONER CHRISTIAN-- SECONDED BY COMMISSIONER ROYAL That Resolution 95-5-9 be approved as submitted. Adopted unanimously. WATER Res. No. 96-5-10 That Resolution 96-4-4 regarding Water District No. 102, adopted on April 23, 1996,be amended as follows: (Note: New wording in bold and capitalized, changes are stricken out). That the Board agree to serve water to proposed Water District No. 102,Delhi Township, as requested by resolution of the Delhi Charter Township Board on August 9, 1994, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advised officials of Delhi Township as follows: 1. The Board will accept Water District No. 102 established by Township resolution on August 9, 1994, and will provide a potable water supply to said district. 2. The Township will be required to make a$41,332.50 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. Paee 66 Board Meeting Minutes May 28, 1996 3. The Board and the Township are to enter into a written agreement (Supplement CII)covering the furnishing of a potable water supply in Water District No. 102. 4. Water mains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$41,332.50 from the Township, the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement CII) to furnish a potable water supply in Water District No. 102. The geographical area of Water District No. 102 is as follows: HeIbFeekHills Subdi-,4sien Phase 3 Lets 79..'.,ugh CEDAR RIDGE SUBD"ION PHASE 1 -LOTS 1 THROUGH 38 To provide a potable water supply within the proposed new district requires the installation of 1,670 feet of water main and fire hydrants at an estimated cost of$41 '-moo$45,189.50. Delhi Township acknowledges thAs THE portion of$41,332.50 the-eest OF the cost of said project. Due to required water main oversizing the BWL's cost of the system extension will be$3,857.00. The main extension will serve thirty-eight(38)residential customers. One-time connection fees will amount to$28,120.00. Estimated annual revenue is$12,920.00. Water mains to be installed in Summer of 1996 following the receipt of the Township's non- refundable contribution-in-aid of construction and the signing of the agreement. Prior Board action by Resolution No. 94-8-18, adopted August 23, 1994, to serve water to proposed Water District No. 102--Holbrook Hills Subdivision Phase 3, Lots 79 through 116, Delhi Township, is hereby rescinded and superseded by new Board resolution 96-4-4,as amended by this resolution(96-5-10).. Res. No. 96-5-11 That the Board agree to serve water to proposed Water District No. 117,Delhi Township, as requested by resolution of the Delhi Charter Township Board on October 17, 1995, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 117 established by Township resolution on 10/17/95, and will provide a potable water supply to said district. Board Minutes Page 67 May 28, 1996 2. The Township will be required to make a$90,219.25 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement (Supplement CXVII)covering the furnishing of a potable water supply in Water District No. 117. 4. Water mains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$90,219.25 from the Township,the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement CXVII)to furnish a potable water supply in Water District No. 117. The geographical area of Water District No. 117 is as follows: Arbor Wood Subdivision, Phase 2 Lots 11 through 51 To provide a potable water supply within the proposed new district requires the installation of 3,555 feet of water main and fire hydrants at an estimated cost of$91,836.25. Delhi Township acknowledges the portion of$90,219.25 of the cost of said project. Due to required water main oversizing the Board of Water and Light's cost of system extension will be$1,617.00. The main extension will serve forty(40)residential customers. One-time connection fees will amount to$29,600.00. Estimated annual revenue is$13,600.00. Water mains to be installed in Summer of 1996 following the receipt of the Township's non- refundable contribution-in-aid of construction and the signing of the agreement. Res. No. 96-5-12 That the Board agree to serve water to proposed Water District No. 118,Delhi Township, as requested by resolution of the Delhi Charter Township Board on January 16, 1996, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 118 established by Township resolution on January 16, 1996, and will provide a potable water supply to said district. 2. The Township will be required to make a$39,352.50 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. Page 68 Board Meeting Minutes May 28, 1996 3. The Board and the Township are to enter into a written agreement (Supplement CXVIII)covering the furnishing of a potable water supply in Water District No. 118. 4. Water mains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$39,352.50 from the Township, the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement CXVHI)to furnish a potable water supply in Water District No. 118. The geographical area of Water District No. 118 is as follows: Chisholm Hills Estates No. 1, Lots 1 through 20 To provide a potable water supply within the proposed new district requires the installation of 1,590 feet of water main and fire hydrants at an estimated cost of$40,738.50. Delhi Township acknowledges the portion of$39,352.50 of the cost of said project. Due to required water main oversizing BWL's cost of system extension will be$1,386.50. The main extension will serve twenty(20)residential customers. One-time connection fees will amount to$14,800.00. Estimated annual revenue is$6,800.00. Water mains to be installed in Summer of 1996 following the receipt of the Township's non- refundable contribution-in-aid of construction and the signing of the agreement. Res. No. 96-5-13 That the Board agree to serve water to proposed Water District No. 119, Delhi Township, as requested by resolution of the Delhi Charter Township Board on May 21, 1996, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 119 established by Township resolution on May 21, 1996, and will provide a potable water supply to said district. 2. The Township will be required to make a$24,007.50 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement (Supplement CXIX)covering the furnishing of a potable water supply in Water District No. 119. 4. Water mains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Board Minutes Page 69 May 28, 1996 Further, that upon receipt of the sum of$24,007.50 from the Township, the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement CXDQ to furnish a potable water supply in Water District No. 119. The geographical area of Water District No. 119 is as follows: Grovenburg Woods No. 4 Subdivision Lots 70 through 86 To provide a potable water supply within the proposed new district requires the installation of 970 feet of water main and fire hydrants at an estimated cost of$25,740.00. Delhi Township acknowledges the portion of$24,007.50 of the cost of said project. Due to required water main oversizing the BWL's cost of system extension will be$1,732.50. The main extension will serve seventeen(17)residential customers. One-time connection fees will-amount to$12,580.00. Estimated annual revenue is$5,780.00. Water mains to be installed in Summer of 1996 following the receipt of the Township's non- refundable contribution-in-aid of construction and the signing of the agreement Res. No. 96-5-14 That the Board agree to serve water to proposed Water District No. 120, Delhi Township, as requested by resolution of the Delhi Charter Township Board on May 7, 1996, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 120 established by Township resolution on May 7, 1996, and will provide a potable water supply to said district. 2. The Township will be required to make a$21,793.20 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement (Supplement CXX)covering the furnishing of a potable water supply in Water District No. 120. 4. Water mains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$21,793.20 from the Township, the project be approved for installation, and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement CXX)to firrnish a potable water supply in Water District No. 120. Page 70 Board Meeting Minutes May 28, 1996 The geographical area of Water District No. 120 is as follows: Lamoreaux No. 2 Subdivision Nine (9)Lots along Quadrille Lane beginning at Fontaine Trail thence south 780 feet To provide a potable water supply within the proposed new district requires the installation of 780 feet of water main and fire hydrants at an estimated cost of$21,793.20. The main extension will serve nine(9) residential customers. One-time connection fees will amount to$6,660. Estimated annual revenue is$3,060.00. Water mains to be installed in Summer of 1996 following the receipt of the Township's non- refundable contribution-in-aid of construction and the signing of the agreement. BY COMMISSIONER CHRISTIAN— SEEONDED BY COMMISSIONER O'LEARY That Resolutions 96-5-10 through 96-5-14, respectively,be approved as submitted. Adopted unanimously. GENERAL MANAGER'S REMARKS The following informational items were presented to the Board: Safety Incident Rate Correction. General Manager Pandy reported that in his written report to the Board, dated May 23, 1996, under item 7, the Safety Incident Rate(SIR) goal was reported as 4.0 or less. This goal was based on the old Total Safety Performance(TSP)goal. Under a new formula, the Safety Incident Rate target is 6.92. The BWL's current 8.41 SIR is a lot closer to the goal of 6.92 rather than the 4.0 TSP. Equipment Sold From Ottawa Station. Mr. Pandy reported that one(1)used complete steam driven auxiliary oil pump assembly from Ottawa Station was sold for$20,000 to Union Electric Company. They have already paid the BWL for this piece of equipment. MPPA Contract Extended Another Year. At their May meeting, the Michigan Public Power Agency (MPPA)Power Pool agreed to continue to use the average energy pricing methodology. That will be an acceptable method for Calendar Years 1996 and 1997. The Power Pool approved the estimated billings for 1995 as actualized. The 1996 capacity charge of$5.30 per KW month was extended for 1997. The BWL will continue to sell power and energy to the pool at$30432 per MWK which is at the current wholesale market. State Government Needs for Approximately 40,000 Square Feet of Office Space. Mr. Pandy reported that the Michigan Department of Management and Budget has sent out an inquiry to real estate investors, developers, and agents indicating that the State is looking for 40,000 square feet of leased office space in downtown Lansing. Mr. Pandy noted that this would seem to tie into the potential move of the Roosevelt Building employees who were slated by Capitol Annex L.L.C. for the BWL's Main Office Building. The Board Minutes Page 71 May 28, 1996 State would like to take possession of the needed space by not later than March 1, 1997, and responses must be submitted by May 31, 1996. Problem Discovered With Water and Sewer Billings. General Manager Pandy handed out a memo addressed to David Wiener, Executive Assistant to Mayor Hollister, from John McComb, the City's Principal Operations Analyst, dated Mav 24, 1996, regarding a glitch the BWL had in General Motors' (GM)water and sewerage billing. Mr. Pandy reported that a frozen meter regulator at GM's Plant 6 caused a problem in their water billing. In correcting the problem, it was later discovered that GM's consumption meter was off by a factor of ten(10). The BWL billing system caught the error and staff moved to correct it; but in so doing, it was necessary to make field verifications. In the process, GM was overbilled for water and sewerage. To correct the consumption overbilling, GM has agreed to take the credit for overpayment over a six-month period. Mr. Pandy stated that of more consequence is the impact on City sewer rate increases. BWL to Provide In-Kind Support for Annual Paint Blitz. The BWL has been contacted by the Lansing Neighborhood Council regarding a"Paint Blitz," coming up in June. The Paint Blitz is done by volunteers that go out into the community and help needy people paint their homes. This activity is coordinated by the Neighborhood Council. Mr. Pandy suggested that the BWL consider providing in-kind service support after work hours or on a weekend by lending equipment such as ladders and bucket trucks with the understanding that the BWL would provide trained workers to operate the equipment. Following discussion, the Board concurred with providing in-kind support for the Paint Blitz, noting that this effort would be an excellent opportunity for the BWL to render a worthwhile service to the community. Steam Supply Agreement Negotiations With GM Nearing Closure. Steam supply negotiations with General Motors(GM) held May 28th went fairly well. The negotiating team hopes to settle the contract by the end of the week. Ottawa Station Redevelopment Progress. General Manager Pandy reported that a meeting between John Burgess of Visual Services, Inc. (VSI)and John Rock, General Manager of Oldsmobile, is scheduled for May 30ih to continue negotiations on bringing the Vision Center to the Ottawa Power Plant development. Corporate Planning Director Roger Ophaug Celebrates 35 Years at the BWL. Mr. Pandy announced that Corporate Planning Director Roger Ophaug has completed 35 years of service to the BWL on May 22, 1996. He was honored by staff at a Lugnut game at the Oldsmobile Baseball Stadium on May 22nd. REMARKS BY COMMISSIONERS Update on Pump Failure at Dye High Pressure Pumping Station. Commissioner Pratt inquired on the status of the April 3rd pump failure at the High Pressure Pumping Station on South Cedar Street. Corporate Planning Director Ophaug responded that the results of the investigation task force charged with determining the cause of the flange failure and determining responsibility are due on June 6. The task force will receive assistance from an outside legal firm and an outside expert in analyzing equipment failure. Water Utility Director Clyde Dugan added that the High Pressure Pumping Station was placed back in service on May 1st. Former Commissioner Jack Sebolt Sends His Regards. Chairman Hassler announced that he recently spoke with former Commissioner Jack Sebolt. He is doing well and is ready to challenge anyone from the BWL in a round of golf. Page 72 Board Meeting Minutes May 28, 1996 Nominating Committee Appointed. Chairman Hassler appointed the following Commissioners to serve on the Board's Nominating Committee: Ernest Christian(chair),Peter Pratt, and John Strolle. The duty of the committee is to choose nominees for the offices of Chair, Vice Chair, and Chair Pro Tern for Fiscal Year 1996-97. Given the fact that new Board appointments or reappointments have not been made by the City, some issues on the nominations process need to be resolved. They include: 1. City Charter requirements if new board appointments or reappointment of incumbent commissioners to new terms are not made by July 1. [A written opinion prepared by Staff Attorney Larry Wilhite regarding Board of Commissioners Hold-overs, dated July 20, 1995, has been provided to the Board.] 2. The Nominating Committee needs to decide if it wants to submit Board officer nominations before new appointments are named or reappointments to new terms. [A written opinion prepared by Staff Attorney Larry Wilhite regarding the Board's Organizational Meeting, dated May 14, 1996, has already been provided to the Board.] The Nominating Committee was directed to consider these issues and present its report to the Board at the first meeting in July [July 23 -designated as the Board's Organizational Meeting]. Staff Attorney Larry Wilhite was asked to advise the committee on legal matters that may arise. Discussion on Rotation of Board Officers. Commissioner Lontz expressed that he would hope the Nominating Committee and the Board begins to frame both short-term and long-term guidelines relative to rotating officers on the Board. He suggested including language in the Board's Rules of Administrative Procedure associated with officer nominations and term limits on officer positions. He noted that a rotational procedure would provide an opportunity for all members of the Board to serve in a leadership capacity. Specifically, he suggested that the Chairperson nominee would be someone with longevity and history on the Board. The Vice Chair nominee would be a member with one or two years seniority who could eventually step into the Chair position. In response to Mr. Pandy's inquiry relative to present officers serving beyond July 1, Mr. Wilhite commented that absent a Nominating Committee Report on Board officer nominations, the current officers would be able to continue serving until such time that the nomination and election process is completed. With respect to Board appointments, Chairman Hassler noted that the City Charter states the following should take place: • BY MARCH 1 -The City Clerk reports to the Mayor and Council a list of the terms on City boards due to expire on June 30. • BY MAY 1 -The Mayor files a list of appointments to the several boards. • BY JUNE 1 -The City Council acts on board member appointments. Board Minutes Page 73 May 28, 1996 EXCUSED ABSENCES BY COMMISSIONER O'LEARY-- SECONDED BY COMMISSIONER PRATT That the absences of Commissioners Evans(vacation) and Strolle(work commitment)be excused. Adopted unanimously. ADJOURNMENT On motion of Commissioner Royal, the Board adjourned at 6:10 p.m. MarySo , ecre E. tart Filed: May 30, 1996 Marilynn Slade, City Clerk BOARD OF WATER AND LIGHT-LANSING MICHIGAN &raAmu►� A BUDGET FISCAL YEAR ENDING JUNE 30, 1997 (from Corm�ttee of the ?:hole Report on page 57) WATER ELECTRIC STEAM TOTAL PROJECTED INCOME STATEMENT FY 97 OPERATING REVENUE [1] 16,619,350 134,865,362 12,435,237 163,919,949 Operation/Maint Expense 11,498,519 113,123,544 10,342,168 134,964,231 Depreciation Expense 17,798,000 TOTAL OPERATING EXPENSE 152.762.231 OPERATING INCOME 11,157,718 Other Income (2) 5,913,000 Other Expense (3] 2,031,644 NET INCOME - - 15,039,074 NET INCOME AFTER CITY PAYMENT 8,771,300 'RATE OF RETURN-2/96 RATE BASE 3.10% PROJECTED CASH FLOW FY 97 Restricted Operating Cash 20,581,000 Restricted General Cash 15,720,000 Special Project/Const Cash 26, 00,000 'BEGINNING CASH 7-1-96 [4] 62,501,000 Sources of Cash Net Income 15,039,074 Depreciation 17,798,000 TOTAL SOURCES OF CASH 32,837,074 SOURCES OF CASH + BEG. CASH 95,338,074 Uses of Cash Debt Principal [5] 1,281,376 Capital Expenditures [6] 35,075,000 Payment to City 6,267,774 TOTAL USES OF CASH 42,624,150 Restricted Operating Cash 16,870,529 Restricted General Cash 16,348,800 Special Project/Const Cash 19,494,595 ENDING CASH 6-30-97 52,713,924 1 BOARD OF WATER AND LIGHT - BUDGET FOOTNOTES FISCAL YEAR ENDING DUNE 30, 1997 [1] Revenue based on sales forecast for water (9,846,795 cco, electric (2,566,948 mwh) and Steam (1,916,149 mlb). These sales levels are 18.2% higher (Delta Twp), 3.0% lower (cooler summer), and 44.6% higher (GM Plant 6) respectively than the twelve month period ended January 1996. There are no rate changes, other than GM Plant 6 proposed rates, included in the budget revenues. [2] Other Income includes earnings on short term securities and sewerage collection fees. [3] Other Expense includes interest on the 1989 and 1994 Revenue Bonds, Pension debt, 'Michigan Ash building at Erickson, Steam Debt to Electric, and customer deposits. [4] Projected June 30, 1996 Restricted Operating Cash balances Operations and Maintenance Fund S20,131,000 Bond and Interest Fund 450,000 Total Restricted Operating Cash $20,581,000 Projected June 30, 1996 Restricted General Cash balances Coal Buildup $ 3,500,000 Water Facilities 2,970,000 Uninsured Losses 9,250,000 Total Restricted General Cash $15,720,000 [5] Debt repayment includes principal payment for the 1989 and 1994 Revenue Bonds, Pension debt, and the Michigan Ash building at Erickson. [6] Capital expenditures represent total amounts estimated for all Annual Capital Additions, Planned Capital Projects, and Bond Projects during Fiscal Year 1997. BOARD OF WATER 3 LIGHT-LANSING, MICHIGAN BUDGET FOR FISCAL YEAR ENDING JUNE 30, 1997 DIVISION SUMMARY-OPERATIONS 3 MAINTENANCE EXPENSE Restated for Budget Comparison Vehicle 8 Material Production Outside Expenses Net Equipment 8 Fuels/Chem Services to be Labor/1/ Cher9t§ Suppllg§ Purc-h Power $Others Tgtel Water Electric Steam Distributed Total ADMINISTRATIVE 953.792 804 64,076 0 18.061.373 19.080.045 51.978 815,013 40.898 18,1 72.156 19,080,i. ELECTRIC UTILITY 16.175,552 703,365 2.916,699 69.382,402 3,785.387 92,963.405 0 92,669.243 0 294.162 92.963,405 WATER UTILITY 3.484.197 187.192 470.789 2.952.145 1,156,609 8.250,932 8.250,932 0 0 0 8.250,9j., STEAM UTILITY 2.175,440 101,387 395.738 5,305.427 1,867,608 9,845.600 0 0 9,845,600 0 9,845,600 TECHNICAL SERVICES 3.374,310 67.416 755.791 0 1.619,539 5,817,056 0 0 0 5.817,056 5,817,056 HUMAN RESOURCES 448,836 0 66.950 0 270,375 786,161 0 0 0 786.161 786,161 CORPORATE PLANNING 161,751 0 33,500 0 47,810 243,061 0 0 0 243,061 243.061 COMMUNICATION 159.106 1.190 56,781 0 285,110 502.187 0 18,350 0 483,837 502,18i TREASURER/CONTROLLER 1,753.412 69,327 40,463 0 216.630 2,079,832 0 0 0 2.079.832 2,079,832 CONSUMER SERVICES 4,018,432 105.340 114,557 0 971.574 5.209.903 202,881 278.407 30,079 4,698.536 5,209"'1 GRAND TOTAL $32,704,828 $1,236.021 $4,915,344 $77,639,974 $28,282,015 $144.778,182 $8,505,791 $93,781,013 $9,916,577 $32.574,801 $144,778,162 Distributed Expenses: Spread to Water, Electric, 8 Steam/3/ 2.992,728 19,342.531 425,591 (22,760,850) 0 Vehicle and Equipment Charges/4/ (1,236,021) (1,236.021) Indirect Costs Spread to Capital Budget 15J (8,5T7,930) (8,577,930) NET BUDGET BY UTILITY $11,498.519 $113,123.544 $10,342,168 $0 $134,964,231 w BOARD OF WATER AND LIGHT - DIVISION SUMMARY FOOTNOTES FISCAL YEAR ENDING DUNE 30, 1997 [1] Net Labor refers to the dollar amount of labor charged to operations and maintenance expense accounts. [2] Outside Services and Other include such items as insurance, pension funding, FICA, service engineers, maintenance contractors, consultants, utilities, travel and conference, dues and subscriptions. [3] Administrative, general, and engineering expenses are allocated to the Water, Electric, and Steam based on such factors as personnel, labor charges, fuel costs, and meters in service. [4] The cost-of owning and operating vehicles is in RA 425 and in the grand total. Thus, vehicle charges must be subtracted from total charges to arrive at net operation and maintenance expense. This procedure complies with our normal accounting practice. [5] Indirect costs applied to capital projects represents overhead charged to fixed capital and credited to expense. Board of Water and Light, Lansing, Michigan P4-faz »enf R Sheet No. S132a (from General :Manager's Recommendations, Res 96-5-9 on page 65. ) GENERAL STEAM SERVICE RATE NO. 3 Availability -This rate is available to any customer receiving service from the Board of Water and Light (BWL) steam transmission or distribution system with a gauge pressure in excess of 100 psi. Service will be provided upon customer entering into a steam supply contract with the BWL. Terms and conditions of the contract may vary due to customer requirements and the impact on BWL facilities. Nature of Service - BWL will supply steam service with a gauge pressure of 100 psi or more. The contract may specify other service requirements by either party. Monthly Rate -Per contract terms. Fuel Cost Adiustment - The fuel cost adjustment shall consist of an increase or decrease of 0.16 ($0.0016) cents per thousand pounds of-steam billed for each full 0.1 ($0.001) cent or fraction thereof increase or decrease in the average delivered cost of fuel burned monthly above or below 168.3 ($1.683) cents per million Btu. (A fraction of 0.05 ($0.0005) cents or less will not be considered a full 0.1 ($0.001) cent; a fraction of 0.06 ($0.0006) cents or greater will be considered a full 0.1 ($0.001) cent.) The price per million Btu for each billing month shall be the average delivered cost of fuel consumed during the preceding calendar month. Amine Treatment Adiustment - Per contract terms. Tax Adjustment- Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees, franchise fees, or any other charges against the BWL's property, or its operation, or the production and/or sale of steam, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Minimum Charge - Per contract terms. Delayed Payment Charge - A delayed payment charge of 5% of the unpaid balance, excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Rules and Regulations - Service under this rate is subject to the BWL Rules and Regulations for Steam Service which are incorporated herein by this reference. Adopted: Effective: � -�� � 1 � . �.. �� �� ,_ .: , � ,:,: -� � � _ . . . ,..��. . .� Page 74 MINUTES OF BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT Tuesday,June 25, 1996 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman Hassler. Present: Commissioners Evans, Christian, Hassler,Lontz,Pratt, Royal and Strolle-7 Absent: Commissioner O'Leary- 1 The Secretary declared a quorum present. ThC u.vocation was del'--ed by l hwi awi Hassler. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES BY COMMISSIONER CHRISTIAN— SECONDED BY COMMISSIONER STROLLE That minutes of regular session of May 28, 1996,be approved as filed. n Adopted unanimously. PUBLIC COMMENTS CHAIRMAN HASSLER ANNOUNCED THAT MEMBERS OF THE PUBLIC WILL BE AFFORDED THE OPPORTUNITY TO ADDRESS THE COMMISSIONERS REGARDING ANY ITEM ON THE AGENDA AT THE TIME SUCH ITEM IS OPEN FOR DISCUSSION BY THE COMMISSIONERS. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO AT THIS TIME OR IMMEDIATELY PRIOR TO ADJOURNMENT. No persons spoke. COMMUNICATIONS AND PETITIONS Charles(Chuck)J. Clark, Partner, Ottawa Park Associates,Developers(OPAD), briefed the Board on their progress toward securing major tenants for the Ottawa Station redevelopment project. Discussions are continuing in positive terms with John Burgess, Vice President of Visual Services, Inc. (VSI). John Rock, General Manager of Oldsmobile, continues to reiterate his commitment to locating the Vision Center to the Ottawa Station. Mr. Clark reported that VSI is submitting their proposal to Oldsmobile's top management on June 27. Oldsmobile officials plan to present a proposal to General Motors(GM)for a final decision, which could come as early as July 31. Discussion was held with respect to the due diligence process. Commissioner Hassler summarized GM's approval process indicating that John Rock has already made preliminary presentations to GM's top marketing officials. with the final decision to be made by the GM president's council. Page 75 Board Minutes June 25, 1996 General Manager Pandy added that in recent conversations with John Rock,Mr. Rock has clearly stated his position that Oldsmobile remains committed to Lansing in three ways: (1) the LPGA Oldsmobile Classic, (2)the Oldsmobile Park Stadium, and(3)the proposed Oldsmobile Vision Center at Ottawa Station. Mr. Pandy reported that a tour of the Ottawa Station has been given to MCMC(MC2) health foundation officials with regard to a fitness facility. Tours are scheduled with the Small Business Association of Michigan,Lansing Rotary, Waverly Rotary, Sparrow Hospital, and M-Care's M-Fit division. In addition, discussions have been held with Thomas J. Coates relative to his interest in bringing tenants to the OPAD project. COMMITTEE REPORTS PERSONNEL COMMITTEE REPORT The Personnel Committee met on June 10, 1996, to consider the following: 1. Pension Fund Investments, and 2. Fiscal Year 1997 Non-Bargaining Compensation. Committee Members present were Commissioners O'Leary,Pratt, and Strolle(Chair). Pension Fund Investments. The Committee's recommendation on Pension Fund investments has been referred to the Pension Fund Trustees for action. Non-Bargaining Compensation. The Committee reviewed with Human Resources Director Linda Gardner and Employment and Compensation Administrator Steve Pollo the conclusions on their analysis for changes in compensation for Non-Bargaining Unit employees for Fiscal Year 1997. Staff recommendations were made after(1)conducting an external market survey, (2)analyzing Cost of Living trends, (3)comparing Non-Bargaining and Bargaining Unit salaries within the BWL, (4)receiving input from the Non-Bargaining Unit Compensation Committee, and(5)considering the BWL's ability to pay. After much discussion, the Committee concurred with the following recommendation: BY THE PERSONNEL COMMITTEE: Wage and Salary Recommendations Non-Bargaining Unit (Resolution 96-6-1) RESOLVED, That effective July 1, 1996: 1. All current Non-Bargaining Unit salary ranges be increased 2.7%for Fiscal Year 1997; 2. All current Clerical and Technical(C-T)employees in full-time positions receive a 2.7%General Increase, and that their performance increases be administered according to existing policy; 3. That an interim Performance Increase budget be established by Division based on the Division's Compa-Ratio as outlined in Attachment#5 (attached to end of minutes); and Board Meeting Minutes Page 76 June 25, 1996 4. That performance increases for First Line Supervisors(FLS), Professional Middle-Management(PMM), and Administrative (ADM)employees be awarded within the guidelines set forth in Attachment#5. RESOLVED FURTHER, That effective July 1, 1996: 1. All current part-time employees receive a 2.7%General Increase rounded up to the next full nickel, and. 2. That the method of computing Non-Bargaining Unit bi-weekly salaries be changed to Annual Salary divided by 2,080;this hourly equivalent rounded to the nearest penny then multiplied by 80 hours for the bi-weekly rate. Respectfully submitted, John Strolle, Chair PERSONNEL COMMITTEE BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER LONTZ That the Personnel Committee Report, including Resolution 96-6-1 (Wage and Salary Recommendations Non-Bargaining Unit)be approved as submitted. Adopted unanimously. GENERAL MANAGER'S RECOMMENDATIONS ADMINISTRATIVE Rea No. 96-6-2 That in accordance with Article II, Section 2.1 of the Board's Rules of Administrative Procedure, it is recommended that the following list of dates be adopted as the regular meeting schedule for the Board of Water and Light Commissioners for the ensuing six (v) uivn&6. 1996 July 23 -Tuesday August 27 -Tuesday September 24 -Tuesday October 22 -Tuesday November 26 -Tuesday December 17 - Tuesday Regular meetings of the Board shall commence at 5:30 p.m. This schedule is subject to change as a result of date conflicts with rescheduled City Council meetings. Page 77 Board Minutes June 25, 1996 It is further recommended that a notice of the meeting schedule be published in the LANSING STATE JOURNAL the week of July 7, 1996. ------------ Res. No. 96-6-3 It is recommended that: I. The Flexible Spending Account(FSA)be continued and that the contract with The TPA United Health Care Administrators, Inc. (TPA),for administration of FSA be continued. II. The following Share the Success(STS)Bonus Options be approved for FY 1996/97: 1. Deferred Cash No change 2. Purchase of Vacation * No change 3. Purchase of Free Choice * No change 4. I.C.M.A. No change 5. FSA(Flexible Spending Account) No change 6. Cancer Care, Intensive Care,AFLAC Plan No change 7. Charitable Contributions ** No change 8. Long Term Disability Program*** No change * The purchase of vacation and free choice days will be limited to ten(10) days which includes no more than two(2)free choice days. ** This year's contributions will be given to one organization, Capital Area Community Service Energy Bank. *** Open enrollment for"buy-up"option Rea No. 96-6 4 It is recommended that: I. The recommendation for Performance Measures for FY 1996/97 Share the Success Plan(STS)be approved. II. The employees be eligible to receive a Performance Bonus of 0-5%as determined by Final points with total payment to the employees not to exceed the gross savings for FY 1996/97, -------------------- Board Meeting Minutes Page 78 June 25, 1996 If all goals and targets are reached, BWL will realize a financial impact of$3,554,293 based on the three financial impact measures. The employees will earn up to 500 points on a 5.0%STS bonus equal to$1,777,147 with the net financial impact to BWL being $1,7777146. The other seven(7) measures have a financial impact which is not quantifiable. (See attached Summary FY 1996/97 STS Performance Measures). -------------- BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER EVANS That Resolutions 96-6-2, 96-6-3 and 96-6-4 be adopted. Adopted unanimously. ELECTRIC SYSTEM CONTROL Res. No.96-6-5 WHEREAS, the members of this Board appointed William J. Cook, Jr., Director of Electric System Control, as the Board of Water and Light's representative on the Michigan Public Power Agency(MPPA)Board of Commissioners and Joseph Pandy, Jr., General Manager, as the alternate representative,and WHEREAS, it now appears to be in the best interest of the Board of Water and Light that the alternate representative assignment be modified. RESOLVED, that William J. Cook, Jr., Director of Electric System Control, continue his role as the Board of Water and Light's representative on the MPPA Board of Commissioners and Douglas K. Wood, Manager of Electric Planning and System Studies, is hereby appointed as the alternate representative effective July 1, 1996. RESOLVED FURTHER, that Board Resolution 82-2, as amended, adopted February 28, 1995, is hereby rescinded BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER CHRISTIAN That Resolution 96-6-5 be adopted. Adopted unanimously. Page 79 Board Minutes June 25, 1996 PENSION Res. No. 96-" That Andrew T. Joostberns, Manager of Underground in Line Construction Department, Transmission&Distribution Division, be placed on a disability pension of$2,332.77 per month effective June 1, 1996. He has selected Option VI with the provision that after his death, if his wife Darlene K. Joostberns survives him, she will receive 80%or $1,866.22 per month for the rest of her life as provided under Option VI. If his wife predeceases him, the pension amount of$2,332.77 will revert back to the regular pension amount of$2,646.48 for the rest of his life as provided under Option VI. Mr. Joostberns has worked for the BWL for 28.81 years and is 53 years of age. Res. No. 96-&7 That Frances E. Silas, Water Production Helper in Water Production Department,be place on a disability pension of$608.43 per month effective September 30, 1995. She has selected a straight disability pension with Workers' Compensation Offset. Ms. Silas has worked for the BWL for 14.34 years and is 39 years of age. BY COMMISSIONER CHRISTIAN— SECONDED BY COMMISSIONER PRATT That Resolution 96-6-7 be adopted. Adopted unanimously. STEAM Rea No. 96-6-8 That the Board approve a new Coal Sales Agreement with Costain Coal, Inc., for the supply of coal to the Moores Park Steam Plant. The Agreement particulars are as follows: 1. The term of the Agreement will be for three(3)years,from January 1, 1997 through December 31, 1999. 2. The quantity of coal to be supplied will be an amount equal to the annual coal requirements of the Moores Park Steam Plant. Board Meeting Minutes Page 80 June 25, 1996 3. The quarterly escalation/de-escalation of the price payable under the Agreement will be based on specific Bureau of Labor Statistics indices and will be capped at an annual limit not to exceed±2.5%. 4. The price payable under the new Agreement effective January 1, 1997 will be $25.50 per net ton F.O.B. mine. By entering in this new Agreement with Costain Coal, Inc., the Steam Utility will maintain continuity of a consistent and reliable coal supply for Moores Park as it begins supplying steam under the General Motors Small Car Group Steam Supply Agreement. Additionally, the price payable effective January 1, 1997 represents a projected$2.50 per ton reduction in price from the price that is projected to be in effect on December 31, 1996. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER EVANS That Resolution 96-6-8 be adopted. Adopted unanimously. TREASURER/CONTROLLER Res. No. 96-6-9 That the Board pay$6,216,506 to the City of Lansing pursuant to our agreement dated June 30, 1992. Further, that all Receiving Fund cash and investments remaining following the above payment be transferred effective June 30, 1996 to the Special Project Fund for future capital projects. General Manager Pandy commented that the City equity payment is an increase of approximately $380,000(6.5%)over the amount paid last year. This is reflective of the fact that the hot summer last year contributed to increased electric sales, the cold winter increased steam sales, and increased water sales was also a contnbuting factor. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER EVANS That Resolution 96-6-9 be approved. Adopted unanimously. Page 81 Board Minutes June 25, 1996 WATER Res. No. 96-6-10 Authorize the demolition of the 30 TPD Calciner and associated structures, including the Lime Outstock Bin, located at 148 S. Cedar Street. This equipment is no longer used or useful for utility operations. The 30 TPD Calciner was taken out of service in 1984,but some of the ancillary equipment was used in conjunction with the 60 TPD Calciner operations. In 1994,the 60 TPD Calciner was declared surplus, and equipment was offered for salvage(Board Resolution 94-8-16), therefore,the 30 TPD Calciner is no longer needed for utility operations. Demolition of the 30 TPD Calciner is included in the Fiscal Year 96-97 budget. Rea No.96-6-11 That the Board agree to serve water to proposed Water District No. 121 Delhi Township, as requested by resolution of the Delhi Township Board on June 4, 1996, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972,covering the furnishing of a potable water supply in Delhi Township, the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 121 established by Township resolution, and will provide a potable water supply to said district. 2. The Township will be required to make a$43,997.80 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement Supplement C=)covering the furnishing of a potable water supply in Water District No. 121. 4. Water mains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$43,997.80 from the Township, the project be approved for installation. and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement C=) to furnish a potable water supply in Water District No. 121. Board Meeting Minutes Page 82 June 25, 1996 The geographical area of Water District No. 121 is as follows: Woodland Estates Subdivision, Lots 1 through 10 College Road beginning at Dell Road thence north 740 feet. To provide a potable water supply within the proposed new district requires the installation of 2,100 feet of water main and fire hydrants at an estimated cost of $64,673.40. Delhi Township acknowledges the portion of$43,997.80 of the cost of said project. Due to required water main oversizing,BWL's oversizing cost will be $8,754.20. BAIL will incur additional cost of$10,337.80 for Alaiedon Township's portion of the water main which will be recovered in frontage fees as customer's connect. BWL's total cost will be$19,092.00 The main extension will serve 16 residential customers. One-time connection fees will amount to$11,840.00. Estimated anni3 revenue is$5,440.00. Water mains to be installed in Summer of 1996 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. Res. No. 96-6-12 That the Board agree to serve water to proposed Water District No. 2, DeWitt Township, as requested by resolution of the DeWitt Charter Township Board on June 12, 1996, and that in accordance with the agreement between the Board and the Charter Township of DeWitt dated July 14, 1995, covering the furnishing of a potable water supply in DeWitt Township, the Board advises officials of DeWitt Township as follows: 1. The Board will accept Water District No. 2 established by Township resolution, and will provide a potable water supply to said district. 2. The Township will be required to make a$13,271.00 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement II)covering the furnishing of a potable water supply in Water District No. 2. 4. Water mains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further, that upon receipt of the sum of$13,271.00 from the Township, the project be approved for installation, and the General Manager and Corporate Secretary be authorized to sign the aforementioned agreement(Supplement II)to furnish a potable water supply in Water District No. 2. The geographical area of Water District No. 2 is a follows: 400 feet east of US-27 on Northcrest. Page 83 Board Minutes June 25, 1996 To provide a potable water supply within the proposed new district requires the installation of 400 feet of water main and one(1) fire hydrant at an estimated cost of $13,271.00. The main extension will serve one(1)commercial business. A one-time connection fee will amount to$1,953.00. The estimated annual revenue is$500.00. Water mains to be installed in the Summer of 1996 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER ROYAL That Resolutions 96-6-10, 96-6-11 and 96-6-12 be approved. Adopted unanimously. GENERAL MANAGER'S REMARKS The following informational items were presented to the Board: BWL Recognized for Physical Fitness and Workplace Safety and Employee Wellness. The BWL has been awarded the 1996 Healthy Workplace Gold Award by the Governor's Council on Physical Fitness, Health and Sports. The BWL also received a certificate of recognition by the Michigan Chamber of Commerce for Outstanding Efforts to Promote Workplace Safety and Employee Wellness. Congratulations goes to Linda Gardner,Director of Human Resources,and her staff. Status of Purchase Agreement for 123 W. Ottawa Property. Vlahakis Realty has moved ahead to try to remove the contingencies in their offer for the BWL's Main Office Building(123 W. Ottawa Street). They inspected the building on June 24 with their contractor on remodeling the BWL office building-- Christman Construction. Vlahakis Realty is also working with Ron Guggemos on financing details. Mr. Pandy indicated that Vlahakis is sensitive to not interfering with the due process of Capitol Annex L.L.C.'s (a.k.a. Granger)offer which is pending until the June 30, 1996,expiration date. Mr. Pandy reported that Granger had asked for a six-month extension, however, management is not recommending that such an extension be granted at this time. Staff Attorney Larry Wilhite reported that Granger's attorney,Patrick Reid, indicated they are still interested in the property and may consider negotiating another deal after June 30th. Following discussion, it was the consensus of the Board to keep its options open after June 30th in order to consider other alternativees. This matter will be on the agenda for the Committee of the Whole meeting scheduled July 16, 1996. Public Hearing on Changes to the Steam Rate Structures Scheduled July 16, 1996. Mr. Pandy reminded the Board that a public hearing on proposed steam rate structure changes will be held on July 16 at 5:30 p.m. The Committee of the Whole meeting will immediately follow the hearing. Committee of the Whole to Discuss Economic Development on August 13, 1996. The topic of economic development will be on the agenda for the August 13th Committee of the Whole meeting. Board Meeting Minutes Page 84 June 25, 1996 Briefing on FERC Orders#888 and 889. Bill Cook, Director of Electric System Control, presented an overview of BWL strategies for dealing with the Federal Energy Regulatory Commission(FERC)Order 888-transmission access and FERC Order 889-open access. Under FERC Order 888, public utilities subject to FERC jurisdiction are required to file uniform transmission tariffs providing for both network and point-to-point transmission service by July 9, 1996, Affected parties that wish to intervene must do so within 15 days of that filing. FERC Order 889 -open access, addresses interrelated issues of information flow associated with FERC's view of a competitive electric industry-Order 888. Following discussion, the consensus of the Board was to support Michigan Public Power Agency's(NIPPA) intervention in these filings. The MPPA Power Pool and the BWL's ability to achieve other wholesale power sales are most seriously threatened by the anticipated transmission filing byConsumers Power Company(CPCo). CPCo Announces new Economic Development Venture. Mr. Pandy reported that Consumers Renaissance Development Corporation was formed by CPCo on May 31, 1996, as a nonprofit for the purpose of accelerating the redevelopment of thousands of unused industrial and commercial brownfield sites throughout Mic1 igan. This type of econofnic developiileat initiative in the BWL service area is to be discussed at the August 13th Committee of the Whole meeting. City-Requests for Proposals (RFP)for BWL Evaluation. Mr. Pandy reported that bid proposals to evaluate the value of the BWL to the City of Lansing were sent to four consulting firms. Proposals are to be submitted to the City of Lansing by July 11, 1996. Seweraee Charee Clarification Statement on BWL Utility Bills. Mr. Pandy reported that due to continuing confusion among City of Lansing customers regarding sewerage billing, the following statement will be added under the"sewerage" section of the BWL utility bill: Your sewer rates are set by Lansing City Council and the sewer system is operated by the Lansing Public Service Department. BWL provides only billing services. The billing confusion was reiterated by the BWL's customer focus groups and most recently by the semi- annual customer attitude survey. The clarification statement is being implemented within the next thirty (30)days. Financial Impact of Proposed Sewer Rate Structure on BWL Customers. Mr. Pandy handed out a tabulation listing two scenarios(which includes both the cost of sanitary and storm sewer)of proposed sewer rate increases for large BWL water users. He stated that the City's Ways and Means Committee is considering changing the rate structure for sewer rates. The BWL has communicated by letter to the City Council and the Mayor its opposition to changing to a flat commodity rate for sewer. He noted that the faianciai impact to Larger commerciai and industrial customers is unduly burdensome and unnecessary. Proposed increases of 50-60%in the amount a business must pay for sewer will not encourage any company to do business in Lansing. Further, a large increase of this nature for the BWL will eventually trigger an increase in water, electric and steam rates. A large sewer increase means a corresponding decrease in water consumption. A decrease in water sales will mean lower sewer revenue and lower water revenue, resulting in more rate increases in the future to recover the same amount of revenue. Mr. Pandy expressed concern that the proposed sewer rate structure would have a significant consequence to the BWL since our commercial and industrial customers represent two-thirds(67%)of the BWL load. Following discussion, the Board agreed to include this topic on the agenda for the Committee of the Whole meeting on July 16. Page 85 Board Minutes June 25, 1996 Postal Rate Increase Effective July 1, 1996. Mr. Pandy reported that due to efforts by the Consumer Services Division staff and the Information Systems Departs vmL the BWL will see a reduction in its annual postage cost by$49,920 (from 26.7 cents to 23.5 cents). This is an overall reduction in postage cost of$101,400 per year. The opportunity was presented this year by the U.S. Postal Service offering a reduced postage rate for business bar coded mail. This enhancement will be implemented with the July Levelized Payment Plan release. Levelized Payment Plan to be Fully Implemented September 1996. Mr. Pandy reported that July and August will be dedicated to piloting the "Levelized Billing" system and making any necessary adjustments. Full implementation with promotional advertising is scheduled for September 1996. An average monthly utility bill(electric, water, sewerage)will be calculated to arrive at 12 equal monthly payments which will be projected to equal actual consumption. The 12th month will be the balancing month and any debit/credit will be adjusted in that month's bill. Exclusions to the plan include utility billings which are not for core services. This improvement was based on feedback received from customer focus groups. The Consumer Services Division and Information Systems Department were congratulated for their efforts in this enhancement. Water Tapping Team Miss Qualifying in Final Round. The BWL water tapping team did not qualify at this year's tournament in the American Water Works Association's(AWWA)annual conference in Toronto. Benefit Analysis for Suburban Retail Water Service Reviewed. Mr. Pandy reported that the net economic benefit of providing retail water service to suburban communities during the period from FY 1972 through FY 1995 is$7,504,420, far exceeding the expenses. Mr. Pandy pointed out that the analysis shows clearly that the BWL should be serving the suburbs; that retail water service to the suburbs is not being provided for free; and that expenses are covered plus a return,which benefits Lansing customers. Share the Success at 373 Points through May, 1996. The Share the Success score has made another dramatic gain in May, increasing 53 points to reach a total of 373 points. BWL Picnic a Great Success. The annual BWL Picnic held June 15 was attended by over 1,600 people. The BWL hosted the Linemen's Rodeo for Michigan this year with strong showing by our team consisting of Jeremy Adcock, Ron Davis and James Chandler. Our team won third place in the Secondary Event among a large showing of 16 teams from Consumers Power,Detroit Edison and other utilities, including teams from Indiana. "Lui ut"installation on BWL Chimngy_Comp eted. Mr. Pandy reported that the stainless steel "Lugnut" symbol on the BWL chimney located near Michigan Avenue and South Cedar Street was installed on June 20 and very well received. REMARKS BY COMMISSIONERS Commissioner Royal provided copies of handouts of filings by Consumers Power Company and Detroit Edison Company to the Michigan Public Service Commission in the matter of the recommendations of the Michigan Jobs Commission for electric and gas utility reform. Also handed out was a document entitled, ELECTRIC UTILITY INDUSTRY OVERVIEW as prepared by Detroit Edison. It presents a general outlook on how investor-owned utilities are defending the restructuring debate. Board Meeting Minutes Page 86 June 25, 1996 Commissioner Pratt requested information on how staff evaluates the performance of Kheder& Associates' lobbying services. He noted that in the midst of the restructuring controversy at the regulatory level, he has not seen anything from Kheder on this issue, other than the legislative bill tracking report, which does not seem to be germane to the restructuring debate. Mr. Pandy responded that a report on lobbying services will be forthcoming. Commissioner Lontz stated that he thought the letter to Senator Dianne Byrum, written by Electric System Control Director Bill Cook, relative to a May 28th joint House Public Utilities and Senate Technology and Energy Committee meeting, was excellent. Commisssioner Lontz commented that he believes the Senator's position on having the legislature take the lead in restructuring the electric utility industry puts this issue in the right arena instead of it being a regulatory administrative piece. He noted that this process would provide a better opportunity for a fair hearing. Commissioner Lontz also expanded on Commissioner Pratt's comments regarding lobbying services. He stated that he would like to see additional legislation listed;for example, the brownfield site legislation, related Renaissance zone legislation, and bills pertaining to economic development strategies. Commissioner Evans commented that restructuring and electric competition was the theme of the American Public Power Association(APPA)national conference. She gave an overview of topics covered at workshop sessions,which included discussions on restructuring and public power political advocacy, and retaining and attracting large customers in a competitive market. She also expressed the need for the Board and management to discuss in greater depth the implications of electric utility restructuring, and its effect on the BWL. Commissioner Christian commented that he was pleased to see a positive rate of return for all three utilities,as reflected in the cash position of the Budget Variance Analysis sheet May, 1996. EXCUSED ABSENCES BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER ROYAL That the absence of Commissioner O'Leary(out of the state)be excused. Adopted unanimously. ADJOURNMENT On motion of Commissioner Royal, the Board adjourned at 6:58 p.m. IMary*E-. a, Secretary Filed: June 27, 1996 Marilynn Slade, City Clerk (From Committee of the Whole Report ATTACEMM#rl PERFORMANCE APPRAISAL PROCEDURE Fiscal 1997 _. Divisions will receive a PI budget allocation based on the Fry 1997 Compensation Plan. Allocations will be based on the ratio of the division's average salaries in the covered group to the average 2/3 level for the covered positions within the division. �. A suggested array will be provided which will correlate PI increase percentages based on performance expectations and the employee's position within the range. 3. Proposed individual increases must be held within the suggested range based on the person's performance and position in the salary range. Further, the Division may not exceed the total PI budget dollars allocated to it. Therefore, Division managers should meet prior to submitting recommendations in order to assure rating consistency and compliance with these requirements. Performance criteria may be group-based objectives for the Responsibility Area/Division, or they may be individually rated. Suggested performance rating definitions are included on the Suggested Individual Percentage Allocation Chart. As an alternative, the performance criteria may be based on individual MR/PS's. However, those RA's choosing to use MR/PS's should compute the employee's rating and only submit the recommended increase corresponding to provisions #3 and #4 above. (See the attached Rating Equivalency Chart which correlates the MR/PS rating values to the values which will be applied under the proposed system. �. Rating Computations: o Assess the individual employee's performance level: R1 unacceptable, no _ncrease (less than 60k of performance expectations achieved) ; #2 below performance expectations (61t-80t of performance expectations achieved) ; #3 meets performance expectations (81t-100V of performance expectations achieved) ; 44 exceeds performance expectations (over loot of performance expectations achieved) ; or 45 significantly exceeds performance expectations (Over look of performance expectations achieved AND contributes something with long-lasting organizational impact. 0 Performance Assessments should be outlined in a one page report written by the Manager and covering the employee' s performance _,r. various job- related areas. Some suggested characteristics to consider are attached. O To arrive at the percentage range for the PI increase: 'look at the intersection of the performance expectations column with the row representing the individual employee' s position in the saiary range. 0 Specify on the Performance Assessment what percentage increase you recommend for that employee. Percentages must be within the margin for the employees position in the salary range and performance ''evel. As Guidance, you should prorate the percentage within the range eased on the extent to which the employee achieved the expectations as indicated above. �11 ratings ust be received by Duman :esources for a ✓isicn prior to processing. -his is necessary to assure compliance with the cverail PI budget. ATPACMMZNp#&2 Compa-Ratio Chart RANGE MAXIMUM STEP A Employees more than 51 above the middle third. 105% Employees who exceed the middle third max up to 5t more than middle third. STEP B loot 2/3 MAX Employees who are at got of the middle third uv to STEP C Middle third. 901, Employees who make between the range minimum and got [STEP D of the 2/3 max salary. RANGE MINIMUM EQUATION: Individual Salary X 100 Normal Max [top of middle third] of pay grade i ArrAGIUIT fr3 DEPARTMENT PI ALLOCATION CHART DEPT COMPA-RATIO PI % BASE SALARY BUDGET <86% 4.7% 86-91.99% 4.2% 92-95.99% 3.7% 96-99.99% 3.2% >100% 2.7% INDIVIDUAL PERCENTAGE ALLOCATION CHART MAXIMUM A-1 A-2 A-3 A-4 A-5 of 0 0% 0% 0-3.0% 3.0-4.0% B-I B-2 B-3 B-4 B-5 0 /0 0% 0-3% 3.0-4.0% 4.0-5.0% 100% C-1 C-2 C-3 C-4 C-5 0 0 0-2.7% 2.7-4.0% 4.0-5.0% 5.0-6.0% 90% D-i D-2 D-3 D-4 D-5 0 /0 0-3.0% 3.0-4.5% 4.5-5.5% 5.5-6.5% 86% RANGE MINIMUM Performance Not fully Meets Exceeds Significantly significantly meeting perfb=,mcc p=ormance exceeds - - below performance expectations expectations performance expectations: expectations (81%-100% of (Over 100% of expectations (less than 60". (61%-80% of performance performance (Over 100% of of objectives performance expectations expectations oerformance achieved) expectations achieved). achieved). expectations unacceptable--no achieved). achieved AND increase. contributes something of long-lasting organizational impacn. I.Y-' e � t l `. .� t . 1 � , Page 87 MINUTES OF BOARD OF COMMISSIONERS'MEETING LANSING BOARD OF WATER AND LIGHT Tuesday,July 30, 1996 The Board of Commissioners met in rescheduled regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman Hassler. Present: Commissioners Christian,Hassler, Lontz, O'Leary,Pratt,Royal and Strolle-7 Absent: Commissioner Evans- 1 The Secretary declared a quorum present. The Invocation was delivered by Chairman Hassler. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES BY COMMISSIONER CHRISTIAN— SECONDED BY COMMISSIONER STROLLE That minutes of regular session of June 25, 1996,be approved as filed. Adopted unanimously. PUBLIC COMMENTS CHAIRMAN HASSLER ANNOUNCED THAT MEMBERS OF THE PUBLIC WILL BE AFFORDED THE OPPORTUNITY TO ADDRESS THE COMMISSIONERS REGARDING ANY ITEM ON THE AGENDA AT THE TINM SUCH ITEM IS OPEN FOR DISCUSSION BY THE COMMISSIONERS. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO AT THIS TIME OR IMMEDIATELY PRIOR TO ADJOURNMENT. No persons spoke. COMMUNICATIONS AND PETITIONS A letter from Councilmember Rick Lilly,dated July 29, 1996, was received and read into the record after the Committee of the Whole Report was considered. (See Committee Reports,below.) ANNUAL ORGANIZATION Chairman Hassler announced that the July Board meeting is generally the time for the annual organizational meeting to elect officers. The annual meeting is being postponed until the regular meeting in August, at which time the Nominating Committee will announce nominations for Board officers. Board Minutes Page 88 July 30, 1996 COMMITTEE REPORTS COMMIE OF THE WHOLE REPORT (Resolution 96-7-1) The Committee of the Whole met on July 16, 1996, to receive staff reports on the following items: 1. Customer Attitude Survey 2. Sale of BWL Main Office Building and Associated Parking Lot 3. Customer Flexibility and Services Task Force Report 4. Charitable Foundation Present were Commissioners Christian,Hassler,Lontz,O'Leary,Pratt,Royal,and Strolle. Excused Absence: Commissioner Evans(out of town). Customer Attitude Survey, Andrew Morrison of Market Strategies presented the key findings of the latest customer attitude survey administered in May. The results demonstrate that communication efforts over the past six months have been successful and improving positive perceptions. It was noted that increased communication about the sewage issue,the Board's comparatively low rates, and other topics on which a majority of customers are misinformed would be useful. The Board's attention also needs to be directed at service reliability and restoration performance,both which show decreases in positive response. Sale of BWL Main Office Building, General Manager Pandy reported that the Capitol Annex L.L.C. Agreement to purchase BWL real estate at 123 W. Ottawa Street and parking lot at 221 N. Capitol Avenue,Lansing,expired on June 30, 1996,according to its terms. A letter from the law firm of Reid and Reid on behalf of Capitol Annex,requesting that the termination date of the Agreement be extended,was received for consideration. Following discussion, the Commissioners denied an extension of time, thereby,declaring the Agreement null and void. A competing offer submitted by Vlahakis Realty Company,on November 27, 1995,was discussed with Paul Vlahakis and Jim Vlahakis, who were in attendance to respond to questions regarding their Buy and Sell Agreement. Following discussion,the Commissioners concurred that it would be in the BWL's best interests to open the sale to competitive bidding giving all developers an opportunity to bid. Staff was directed to issue a public request for proposals to interested developers on the purchase of the BWL Main Office Building and associated parking lot with proposals to be opened at 2:00 p.m.on July 29, 1996. The Board plans to evaluate and select the best proposal at the July 30, 1996 Board meeting. Customer Flexibility and Services Task Force Report. Consumer Services Director Terry Graham updated the Commissioners on the wank of the('n-ctnmer Flev_itjilifv and Services Tack Force forr-nwi to determine what service enhancements the BWL could offer to customers. Two subcommittees were formed that represent various BWL service related departments;namely, (1)Residential Flexibility and Services and(2)Commercial and Industrial Flexibility and Services. Customer Service Manager,Ken Turner, presented the findings of the Residential Flexibility and Services Subcommittee. It was noted that as the electric industry accelerates toward deregulation, "Customer Choice"will be an expected option for all utility customers. Feedback from focus group sessions consisting of BWL employees/retirees, residential/commercial customers,developers/contractors and community opinion leaders was obtained as they shared their perceptions of customer needs and wants from the BWL. Customer choice service plans, incorporating an alternative strategy,of providing new service enhancements to increase customer satisfaction were outlined. Following discussion and input from the Commissioners,the concept in principle was endorsed. Staff is to report back with an implementation plan once the process of finalizing details is completed. Mr. Turner also presented a concept to re-establish a modified residential light bulb program. Following discussion and input from Page 89 Board Minutes July 30, 1996 the Commissioners, staff was requested to continue exploring the best partnering effort for implementing the proposed residential light bulb program. Charitable Foundations. General Manager Pandy introduced the notion of instituting a BWL charitable foundation as a subset of the Capital Region Community Foundation. The purpose of BWL participation in the Foundation is to share in a common commitment to improve conditions in this community. Mr. Pandy reported that as a donor,the BWL would be able to provide guidance to the Foundation in determining the purpose for which gifts are to be used. A second charity program suggested is the "Change for the Community"program through which customers may"round up"their utility bill payments to the next highest dollar. The difference between the amount of the bill and the rounded-up payment would be donated to charitable programs in the service area. This program would provide seed money in addition to other sources of funding that can be found for the Foundation. Following discussion it was the sense of the Commissioners that direct allocation of BWL funds to charitable programs is not consistent with the mission of the BWL. They encouraged staff to explore a type of a"Change for the Community"program which would generate funds donated by BWL ratepayers. Staff was fiirtber direveet to inv4�gjante what nther nrblic rower utilities are doing regarding charitable -<- _ contributions and/or a round-up program. Respectfully submitted, Dave O'Leary, Chair Pro Tern COMMITTEE OF THE WHOLE BY COMMISSIONER CHRISTIAN— SECONDED BY COMMISSIONER PRATT That the Committee of the Whole Report, (Resolution 97-7-1),be approved as submitted- Adopted unanimously. The following communication received July 30, 1996, from Councilmember Rick Lilly, Chair,Planning and Development Committee,Lansing City Council,was read: To: Mr. Phillip Hassler, Chair Board of Water and Light Commissioners Dear Mr.Hassler: I woulu bate to.vyu�..�it your aven.-dunce at dhe ne..4a and Development Committee which is to convene on Tuesday, August 6, 1996,at 4:00 p.m. At this time we will be discussing the property located at 123 West Ottawa Street. It is our hope that we can all get on the same page relative to this important project in the City of Lansing. If you have any questions or comments, please do not hesitate to contact me at your convenience. Sincerely, Rick Lilly, Chair Planning and Development Committee Lansing City Council Discussion on this topic was deferred until later on the agenda(see page 96 of 7/30/96 minutes). Board Minutes Page 90 July 30, 1996 GENERAL MANAGER'S RECOMMENDATIONS LEGAL Res. No.96-7-2 Purchase the following insurance coverage: Pension and Welfare Fund Fiduciary Responsibility Insurance for the three year period from September 1, 1996 to September 1, 1999 from Lyman and Sheets Insurance Agency representing the Aetna Casualty and Surety Company of America at an annual premium of$20,628. This was the best evaluated bid of those received. The Board's expiring similar insurance coverage is with the Lyman and Sheets Insurance Agency representing The Aetna Casualty and Surety Company for an annual premium of$I8,500. The policy limit would remain the same at$10 million with a deductible of$10,000. The policy enables the Board of Water and Light to choose to continue coverage after the policy ends for acts occurring during the policy period It also provides for defense costs in addition to the policy limits rather than part of the policy limits. Bids were also received from Lansing Insurance Agency representing the Cincinnati Insurance Company at an annual premium of$17,000,and from Voss Insurance Services representing Federal Insurance Company at an annual premium of$35,000. Res.No.96-7-3 Retain the services from CoreSource for the Workers' Compensation Self Insurance Program for the three(3)year period from September 1, 1996 to September 1, 1999,at an annual cost of $16,300. It is further resolved that the services may be negotiated for an additional one to three year period beyond the 1999 expiration, subject to contract ratification by the Board of Commissioners. This was the best evaluated bid of those received. The BWL's expiring contract is with CoreSource at an annual cost of$20,964. Human Resources is very satisfied with the level of services being provided by CoreSource and recommends continuation with CoreSource as a service company. Changing companies can result in decreased administrative efficiency and is not justified by the price differential in bids. Bidders used different approaches to establish fees. Several had an annual administrative flat charge and/or medical review fees in addition to the per claim fees. The cost of each bid is estimated below. Page 91 Board Minutes July 30, 1996 Estimated Estimated Service Company Cost Service Company Cost Eagle Claims Management $14,300 Citizens Management $24,230 J. P.Bender&Associates 15,750 Meadowbrook Insurance Group 25,000 CoreSource 16,300 HCM Claims Management 26,185 Crawford and Company 18,679 ASU Risk Management Services 29,000 Gallagher Bassett Services,Inc. 20,097 Sedgwick of Michigan, Inc. 33,490 Mackinaw Administrators,LLC 34,090 BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER CHRISTIAN That Resolutions 96-7-2 and 96-7-3, respectively,be approved. Adopted unanimously. STEAM Res.No.96-74 That the BWL retain the services of Kattner/FVB District Energy,Inc. (Kattner)to assist the BWL in evaluating and optimizing the various District Energy options under consideration as part of the BWL's Integrated Resource Plan(IRP). Estimated cost of Kattner's service is$9,750. The recommendation to utilize Kattner/FVB District Energy, Inc.,is based on a sole source proposal. Kattner is recognized in the industry for their experience and specialized expertise in all aspects of the development and design of District Energy systems. Retaining of Kattner's service to assist in the IRP process will help assure identification of the optimal District Heating and Cooling system configuration to meet the future needs of the BWL and its customers. BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER ROYAL That Resolution 96-7-4 be approved. Adopted unanimously. Board Minutes Page 92 July 30, 1996 TREASURER/CONTROLLER Res.No.96-7-5 Purchases, Annual Commodity. Authorize the purchase of the estimated 12 month requirements of the following commodities for use in Dye and Wise Road Water Conditioning Plants, Moores Park Steam Plant,and Eckert and Erickson Electric Generating Plants. Pricing is firm through July 31, 1997. Commodity quantities are released as required over the 12 month period. All commodities were competitively bid in accordance with the BWL Purchasing Policy and Procedures. Below is a summary of the lowest and best evaluated bids. Annual Quantity Annual Cost Commodity (Est.) Unit Cost (Est.) Vendor Hydrofluosilicic Acid 200 tons $138.90/ton $ 27,780.00 Kaiser Aluminum&Chem. Corp. Pebble Quicklime 15,000 tons 59.90/ton 898,500.00 Marblehead Lime Co. Soda Ash 1,800 tons 153.32/ton 275,976.00 General Chemical Corp. Granulated Salt 320 tons 69.25/ton 22,160.00 Akzo Salt, Inc. Sulfuric-Acid 528 tons 61.00/ton 32,208.00 Marsulex,Inc. Caustic Soda 145.6 tons 379.08/ton 55,194.05 K.A. Steel Chemicals, Inc. Sodium Hypochlorite 85,000 gal. .5291/gal. 44,973.50 K.A. Steel Chemicals,Inc. Sodium Hexametaphosphate 36,000 lbs. .61/lb. 21,960.00 Haviland Products Co. Total: $1,378,751.55 Res.No.96-7-6 That the Reserve for Uncollectible Accounts be increased from$615,000 to$750,000 effective June 30, 1996. The increase of$135,000 is primarily due to increased active and inactive account balances which may have to be written off in the future. Res.No.96-7-7 Resolved,to adopt the following rate schedule effective August 15, 1996: General Steam Service-Rate No. 3 (rate schedule attached). ATTACHMENT TO RESOLUTION 96-7-7 Board of Water and Light, Lansing, Alichigan Sheet No. SB2a GENERAL STEAM SERVICE RATE NO. 3 Availability -This rate is available to any customer receiving service from the Board of Water and Light (BWL) steam transmission or distribution system with a gauge pressure in excess of 100 psi. Service will be provided upon customer entering into a steam supply contract with the BWL. Terms and conditions of the contract may vary due to customer requirements and the impact on BWL facilities. Nature of Service-BWL will supply steam service with a gauge pressure of 100 psi or more. The contract may specify other service requirements by either party. Monthly Rate - Per contract terms. Fuel Cost Adiustment -The fuel cost adjustment shall consist of an increase or decrease of 0.16 ($0.0016) cents per thousand pounds of steam billed for each full 0.1 ($0.001) cent or fraction thereof increase or decrease in the average delivered cost of fuel burned monthly above or below 168.3 ($1.683) cents per million Btu. (A fraction of 0.05 ($0.0005) cents or less will not be considered a full 0.1 ($0.001) cent, a fraction of 0.06 ($0.0006) cents or greater will be considered a full 0.1 ($0.001) cent.) The price per million Btu for each billing month shall be the average delivered cost of fuel consumed during the preceding calendar month. Amine Treatment Adiustment-Per contract terms. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees, franchise fees, or any other charges against the BWL's property, or its operation, or the production and/or sale of steam, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Minimum Charge- Per contract terms. Delayed Pavment Charge- A delayed payment charge of 5% of the unpaid balance, excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Rules and Regulations - Service under this rate is subject to the BWL Rules and Regulations for Steam Service which are incorporated herein by this reference. Adopted: July 30, 1996 Effective: August 15, 1996 Page 93 Board Minutes July 30, 1996 These rates were the subject of a Public Hearing on July 16, 1996. The new rates apply to steam used on or after August 15, 1996. BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER LONTZ That Resolutions 96-7-5, 96-7-6,and 96-7-7,respectively,be approved. Commissioner O'Leary asked for a clarification on the Reserve for Uncollectible Accounts (Resolution 96-7-6). Treasurer/Controller Tousley responded that it is a valuation reserve based upon an annual analysis of outstanding accounts receivable balances. The increased reserve,effective June 30, 1996,represents an inc-maw Mir. Tousley rotai;that the reserve of S6115,000 vvas onigiDaliy estaiuiisucd in Ame; 11794 and represented.51%of retail operating revenues. Since that time,retail operating revenues have increased over 31%. The new reserve in the amount of$750,000 represents.47%of current retail operating revenues. Following discussion,the motion was adopted unanimously. FATE Res.No.96-7-8 That Resolution 96-5-11,regarding Water District No. 117,adopted on May 28, 1996, be rescinded and replaced with the following revised resolution: That the Board agree to serve water to proposed Water District No. 117, Delhi Township,as requested by resolution of the Delhi Charter Township on October 17, 1995,and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972, covering the furnishing of a potable water supply in Delhi Township,the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 117 established by Township resolution on 10/17/95,and will provide a potable water supply to said district. 2. The To_mchir Sy;ll hP regmiired to r a_ke a $36,506.25 no -refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a written agreement(Supplement CXVII)covering the furnishing of a potable water supply in Water District No. 117. 4. Watermains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Board Minutes Page 94 July 30, 1996 Further,that upon receipt of the sum of$36,506.25 from the Township,the project be approved for installation,and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement CXVII)to furnish a potable water supply in Water District No. 117. The geographical area of Water District No. 117 is as follows: Arbor Wood Subdivision,Phase 2 Lots 16 through 28 and Lots 35 through 42 To provide a potable water supply within the proposed new district requires the installation of 1,475 feet of watermain and fire hydrants at an estimated cost of $36,506.25. The:*rain extension will serve twenty-one(21)residential customers. One-time connection fees will amount to$15,540.00. Estimated annual revenue is$7,140.00. Water District No. 117 is being revised due to major surveyor grade discrepancies and bad weather conditions allowing developer to only construct approximately one-half of project for this construction year. Watermains to be installed in Summer of 1996 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. Res.No.96-7-9 That the Board agree to serve water to proposed Water District No. 122,Delhi Township,as requested by resolution of the Delhi Charter Township Board on April 2, 1996,and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972,covering the furnishing of a potable water supply in Delhi Township,the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 122 established by Township resolution,and will provide a potable water supply to said district. 2. The Township will be required to make a$37,125 non-refundable contribution- in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. 3. The Board and the Township are to enter into a Written agreement(Supplement C=I)covering the furnishing of a potable water supply in Water District 122. 4. Watermains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further,that upon receipt of the sum of$37,125 from the Township,the project be approved for installation,and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement CXXII) to furnish a potable water supply in Water District No. 122. Page 95 Board Minutes July 30, 1996 The geographical area of Water District No. 122 is as follows: College Heights Estates Phase 5,Lots 87 through 109 To provide a potable water supply within the proposed new district requires the installation of 1,500 feet of watermain and fire hydrant at an estimated cost of$37,125. The main extension will serve twenty-three(23)residential customers. One-tune connection fees will amount to$17,020. The estimated annual revenue is$7,820. Watermains to be installed in Summer of 1996 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. BY COMMISSIONER STROLLE— SECvi i ED BY Cuivx`lt ltSSIOIti�R PRATT That Resolutions 96-7-8 and 96-7-9,respectively, be approved. Adopted unanimously. UNFINISHED BUSINESS No unfinished business. NEW BUSINESS To be discussed after the General Manager's Remarks. RESOLUTIONS There were no resolutions. GENERAL MANAGER'S REMARKS The following informational items were presented to the Board: Harken v. Board of Water and Light Case Closed. General Manager Pandy reported on the status of the James E. Harken v Lansing Board of Water and Light(BWL)case. It was noted that outside counsel (Cholette,Perkins&.Buchanan,P.L.C.)communicated that the claimant did not appeal Judge Grattan's decision in favor of the BWL mailed June 6, 1996,which became final July 6, 1996. This file is now considered closed. Staff Attorney Wilhite noted that the BWL still has the option of taking legal action against Mr. Harken for violation of the B WL's Settlement Agreement. A decision as to whether or not to pursue this option has not yet been made. Board Minutes Page 96 July 30, 1996 Commissioner Royal asked for a background overview on this case. Staff Attorney Wilhite noted there were several actions involved,and briefed on the initial"Whistle Blower" action and the Workers' Compensation claim. Steam Clock-A Gift From the Rotary Club of Lansing. General Manager Pandy noted that the July 1996 issue of BWL PIPELINE reports on the construction of a 28-foot tall steam clock to be located in Wentworth Park at the corner of Michigan and Grand Avenue. The clock is planned to be completed in time for this year's Silver Bells in the City celebration held in late November. He thanked the City Council for approving the$150,000 gift from the Rotary Club of Lansing. Chairman Hassler Writes Article on the Reason for the BWL's Success. General Manager Pandy called attention to the recent PIPELINE article written by Chairman Hassler, "The Reason for Our Suc ." Everycne was e.xuxaged to read this excellent piece. BWL Employee Calvin Jones Honored at the Lugnuts Game. General Manager Pandy recognized Calvin Jones, Supervisor in Construction Services,for being named the"Community Lugnut"this month. He was saluted at the Lugnuts game for his community involvement. Mr. Jones has been instrumental in organizing the annual 5K run out by the Erickson Station. The$5,000 proceeds from that event went to the"Night-Out-Against-Crime." Bids for Purchase of BWL Real Estate(Main Office Building and Associated Parking Lot). General Manager Pandy handed out copies of the tabulation of bids received July 29, 1996,on the purchase of 123 W.Ottawa Street Main Office Building and 221 N. Capitol Avenue parking lot. He noted that Capitol Annex,L.L.C. (a.k.a. Granger Companies)submitted a certified check for$60,000 and again asked for an extension of their March 28, 1995,contract for purchase through February 28, 1997 [see also Committee of the Whole Report on page 88 of 7/30/96 minutes]. Mr.Pandy noted that their proposed bid at$5,157,375 did not comply with the BWL's minimum bid of$5,200,000 as stipulated in the Request for Proposal(RFP). Mr.Pandy also noted that Vlahakis Company sent a letter stating that they would honor their proposal at $5,200,000 per their Buy and Sell Agreement,dated November 27, 1995. General Manager Pandy referred to a copy of a letter written to the Lansing City Council by Reid and Reid on behalf of Capitol Annex L.L.C., dated July 25, 1996, requesting their assistance in the matter of the extension of time. Mr. Pandy took issue to the third paragraph of their letter,which states: We have requested an extension of time from the Lansing Board of Water and Light to the Contract for Purchase which expired by its terms on June 30, 1996. The only response we received was a refund of the$60,000.00 earnest money deposit we put out for this project, Mr.Pandy reported that several responses were sent to Patrick Reid with copies to Gary Granger. Most notably at Mr.Pandy's request, Staff Attorney Larry Wilhite wrote to Patrick Reid of Reid and Reid Law Offices on May 9, 1996, to advise him that time was about to elapse on the Contract for the Purchase of Real Estate at 123 W. Ottawa Street,Lansing,between Capitol Annex,L.L.C. and the Board of Water and Light. A copy of that letter was handed out for review. Mr.Pandy noted that when the letter was mailed, Capitol Annex had less than sixty(60)days remaining on their contract. The letter clearly included a reminder of: (1)the June 30, 1996,expiration date;(2)the three contingencies to be cleared up prior to the expiration date; and(3)that if Capitol Annex is unable to come to closing, the BWL would proceed with plans to dispose of the property as well as return the earnest money in the amount of$60,000. Page 97 Board Minutes July 30, 1996 Staff Attorney Wilhite reported that he had several conversations with Patrick Reid closer to the contract's expiration date. Mr. Wilhite indicated that he also takes issue with Mr. Reid's criticism of the Board for not taking action on their request to extend the Capitol Annex Contract for Purchase beyond the June 30, 1996,termination date. Mr. Wilhite also indicated that in a telephone conversation with Pat Reid, Mr. Reid specifically requested that the Board not take formal action one way or another,as it could cause more problems. Commissioner Pratt referred to the fourth paragraph of Mr.Reid's letter to the General Manager,dated July 25, 1996,and stated that until today he does not recall seeing anything in writing that explained the reasons for Capitol Annex not being able to fulfill the terms of the contract. Commissioner Pratt noted that an explanation at this late date seems unusual,and asked if Mr.Reid ever declared in writing,prior to July 25,as to why Capitol Annex could not carry out the conditions of the contract. Mr. Pandy responded that to the best of his knowledge,he has no recollection of a written explanation. Commissioner Hassler reminded that the BWL paid$1.8 million to the City in 1992 for the land on which the Main Office Building stands(123 W. Ottawa Street). He stated his opinion that the Contract for the Purchase was between the BWL and Capitol Annex,L.L.C. He expressed disappointment over a potential political issue which could result with the City. He stated that the question now becomes whether or not the Commissioners want to take a prudent business position and pass judgment tonight or postpone until after the Board meets with City Council's Planning and Development Committee to discuss the proposed sale. Commissioner Royal asked if Pat Reid and Gary Granger(Capitol Annex)were aware that the Board was going to discuss the contract termination matter at the Committee of the Whole meeting held July 16. General Manager Pandy responded that Pat Reid was aware of that meeting and knew his letter addressed to the General Manager,dated July 16, 1996,requesting an extension of the Contract to Purchase was going to be read at the meeting. Commissioner O'Leary stated that he believes everything discussed at the Committee of the Whole meeting,July 16, 1996,was done in a proper and fair manner. Discussion was held relative to Capitol Annex not meeting RFP specifications which required a minimum bid of$5.2 million. Commissioner Hassler commented on the importance of setting a time limit for satisfying all contingencies set forth in the agreement. He pointed out that Vlahakis Companies is also entitled to a time frame to put together a plan in a like manner given to Capitol Annex. Commissioners O'Leary and Lontz agreed that a closing date beyond the date of City Council approval is needed. Commissioner Strolle stated that he would like to hear from representatives of Vlahakis Companies on their specific plan to develop the BWL office building. Commissioner Pratt interjected that he found it interesting that neither of the bidders--Capitol Annex and Vlahakis Companies—fulfilled the terms of the RFP by not responding to all the questions. He stated his opinion, that neither one of the developers has demonstrated the purchase can be performed Board Minutes Page 98 July 30, 1996 Commissioner Strolle gave an example of what he would like to see happen. In the Ottawa Redevelopment Project,an evaluation process was put in place to assure the key factors are in place, such as the developer's financial strength and feasibility of the project. By meeting with all the interested parties,the process gives some assurance that the selection is based on the most viable developer. He further stated that before a decision is made, he would feel more comfortable to have representatives from Capitol Annex and Vlahakis Companies appear before the Board to answer all the questions specified in the RFP. In connection with performance,Commissioner O'Leary stated that it would not be unusual to request a Letter of Credit in the amount of$1 million for the purchase. On a general program,80%would probably be borrowed with a 20% ($1 million)down payment required to demonstrate financing can be obtained. Chairman Hassler suggested temporarily tabling this item to allow John Rock, General Manager of Oldsmobile,and Charles(Chuck)Clark,partner of Ottawa Park Associates,Developers(OPAD) - (who had just entered the meeting)to present a status report on Ottawa Station negotiations. The Commissioners concurred. Discussion will resume after the Ottawa update presentation. Oldsmobile General Manager,John Rock,Reports on Status of Ottawa Neeotiations. John Rock, Manager of Oldsmobile,updated the Board on progress toward locating Oldsmobile's Vision Center in the Ottawa Station. He noted that progress toward reaching a decision was hindered due to the recent announcement that Oldsmobile and other General Motors(GM)automotive headquarters will consolidate offices at Detroit's Renaissance Center,and secondly, that Vision Services,Inc. (VSI)has also been slow in submitting a business case for operating the Vision Center at the Ottawa Building. Mr. Rock noted that with the recent corporate relocation announcement, it makes it even more important that Oldsmobile retain a corporate presence in Lansing by moving the Vision Center into the Ottawa Station. VSI has committed to him that they will submit its business plan by August 7. Once the plan is received, the project still would need to go through GM's corporate approval process,which could take from 45 to 60 days. Mr. Rock proposed that if the Board can give OPAD another 60 days to come forward, he would retum with a progress report on September 24. Commissioner O'Leary asked Mr.Rock for his opinion on the probability of the success of GM moving its Vision Center to the Ottawa Plant on a scale of 1 to 10(with 10 being the top). Mr.Rock responded that he feels the success of the Vision Center project would be at 6 to 7. He added that if this project comes to fruition, it could be more of an anchor point than the Oldsmobile Ball Park. Vision Center training programs would draw people from all over the country which would result in additional money for the community. Commissioner Lontz noted that for the first time in many months, he has a clear picture of what is happening with this project. The Commissioners thanked John Rock for his interest and involvement in the Ottawa development project and for coming this evening to report on the status of negotiations. Page 99 Board Minutes July 30, 1996 Following discussion, Commissioner O'Leary moved, seconded by Commissioner Strolle: RESOLLMON EXTENDING NEGOTIATIONS FOR OTTAWA STATION DEVELOPMENT PROJECT (96-7-10) RESOLVED,That Ottawa Park Associates,Developers(OPAD)be granted an extension of time until the regular meeting of September 24, 1996,to present its report on negotiations with major tenants for the Ottawa Station development project. Adopted unanimously. CONTINUATION OF DISCUSSION Sale of Real Proueriv ai 123 W. Gtiawa Sireeic arsa 22i N. Cauir.►i avenue. It was the consensus of the Board to bring the matter concerning the purchase of the Main Office Building and associated parking lot off the table for consideration. BY COMMISSIONER O'LEARY-- SECONDED BY COMMISSIONER LONTZ RESOLVED,That the offer submitted by Vlahakis Companies be accepted subject to meeting the following conditions upon execution of the Contract for the Purchase of Real Estate: 1. Providing the sum of Fifty Thousand Dollars($50,000) as earnest money paid to the Board of Water and Light(BWL);and 2. Providing the sum of One Million Dollars($1,000,000)in the form of a Letter of Credit issued in the name of the BWL. The Contract is to terminate if it is not closed one hundred and twenty(120)days from the date the sale is approved by the Lansing City Council,but not to exceed December 16, 1996. Commissioner Pratt noted that December 16 is four months away, meaning the City Council would have to approve the sale within two weeks. BY COMMISSIONER ROYAL: To add a friendly amendment to the motion proposed by Commissioner O'Leary: That Vlahakis Companies provide a response to all the questions in the Request for Proposal. Commissioner Strolle stated that it may be good public relations on the Board's part to delay approval until after the August 6 meeting to get input from the Council's Planning and Development Committee. Commissioner O'Leary stated his opinion that the letter from Capitol Annex to the City Council, dated July 25, 1996, is inappropriate at this stage. Commissioner Hassler added that responsibility for this decision rests with this Board first,and then is subject to review by the City Council. Board Minutes Page 100 July 30, 1996 General Manager Pandy pointed out that he heard Paul Vlahakis say at the Committee of the Whole meeting of July 26 that with a 120-day limitation,there would be a big risk on his part in effort and money. Mr.Pandy noted he is not sure that many developers would agree to a 120-day contract termination with an open political question. Commissioner Pratt agreed that 120 days would give the developer two weeks to get Council approval,which seems an inadequate time period. Commissioner O'Leary pointed out that it should be the developer's responsibility to work with the City Council to get approval. Staff Attorney Wilhite reminded the Commissioners that a public hearing would have to be scheduled by the Council at least thirty(30)days from the date the Board's resolution and signed agreement is filed with"idle C y Clet',�. ;teas►4utices ila., 120 days down to ninety(90)days. Based on the public hearing requirement, Commissioner Strolle offered a second friendly amendment: That the Contract time schedule be changed to the original six(6) months instead of four(4)months. General Manager Pandy noted that six(6)months would take the Contract to approximately January 30, 1997. Chairman Hassler invited CouncHmember Harold Leeman,who was in the audience,for his input regarding the matter being discussed. Councilmember Leeman suggested that action not be taken at this time until after the Planning and Development Committee(comprised of Councilmembecs Allen, Novak,and Lilly(Chair),is given an opportunity to discuss this topic with the Board. Chairman Hassler responded that with the facts on the table and from a business point of view,it is obvious what the decision should be. Commissioner O'Leary agreed that it is the Board's responsibility to select the best developer to purchase the 123 W. Ottawa Street property. With respect to extending the contract deadline to six months,Commissioner Lontz concurred with Commissioner O'Leary's concern of giving in to developers on deadline dates. He stressed that the BWL should be telling developers what,when and how it wants the terms of an agreement. Commissioner O'Leary noted that the key factors involved with the developers are: (1)renovation of the BWL office building, (2)leases,and(3)financing. BY COMrAISSIONER CHFUSTIAN— SECONDED BY COMMISSIONER PRATT That the original motion be rescinded. Adopted unanimously. A new motion was introduced: Page 101 Board Minutes July 30, 1996 BY COMMISSIONER O'LEARY-- SECONDED BY COMMISSIONER LONTZ RESOLUTION SELECTING DEVELOPER FOR THE PURCHASE OF REAL PROPERTY AT 123 W. OTTAWA STREET AND 221 N. CAPITOL (96-7-11) RESOLVED,That the offer submitted by Vlahakis Companies be accepted subject to meeting the following conditions upon execution of the Contract for the Purchase of Real Estate: 1. Providing the sum of Fifty Thousand Dollars($50,000) as earnest money paid to the Board of Water and Light(BWL);and 2. Providing the sum of One Million Dollars($1,000,000)in the form of a Letter of Credit issued in the name of the BWL;and 3. Answering the questions on the Request for Proposal. The Contract shall terminate if it is not closed by December 16, 1996. The motion was adopted by the following vote: Yeas: Christian,Hassler,Lontz,O'Leary,Royal—5 Nays: Pratt, Strolle—2 Commissioner Evans was absent for this vote. Chairman Hassler advised that due to a schedule conflict, he would not be able to attend the meeting of the Planning and Development Committee scheduled for Tuesday, August 6,at 4:00 p.m. Following discussion,it was agreed that a representative from the Board would attend the meeting for Commissioner Hassler. Staff Attorney Wilhite was requested to accompany the Board representative to provide a brief chronology of events which have transpired over the past year. REMARKS BY COMMISSIONERS Commissioner Lontz inquired on the status of the 10 million gallon underground reservoir landscaping and lighting project. General Manager Pandy reported that this project, located between Cedar and Larch Streets across from the Dye Water Conditioning Plant,is well under way. Excavation and masonry work have started and the final landscaping phase of the project will be the last to be completed. Board Minutes Page 102 July 30, 1996 EXCUSED ABSENCES BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER CHRISTLAN That the absence of Commissioner Evans(out of the date)be excused. Adopted unanimously. ADJOURNMENT On motion of Co ininiss ico n v iinyal,ulU-Board ndJOUIL-1.it ai S'.5 Ei.aai, Mary F?' Y"-, S catY Filed. August 1, 1996 Marilynn Slade,City Clerk Page103 MINUTES OF BOARD OF COMMISSIONERS'MEETING i LANSING BOARD OF WATER AND LIGHT _ :.) Tuesday,August 27,1996 -', I if !-r'" The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman Hassler. Present: Commissioners Christian,Hassler,Lontz,O'Leary,Pratt,Royal and Strolle-7 Absent: Commissioner Evans- 1 The Secretary declared a quorum present. The Invocation was delivered by Chairman Hassler. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES BY COMNIISSIONER STROLLE-- SECONDED BY COMMISSIONER CHRISTIAN That minutes of rescheduled regular session of July 30, 1996,be approved as filed- Adopted unanimously. REPORT OF THE NOMINATING COMMITTEE THE NOMINATING COMMITTEE, to whom was referred the duty of making nominations for officers of the Board of Commissioners for the ensuing fiscal year, or until a successor is duly elected,whichever last occurs, REPORTS AS FOLLOWS: The nomination process was preceded with informal nominations solicited from each Commissioner. This input was considered in developing the final slate of nominations for officers. And,finally, an election was held by mail-in ballot. Election of Officers (Resolution 96-8-1) The Nominating Committee submits the following election results: for Chair-Elect -David O'Leary for Vice Chair-Elect -Diane Royal for Chair Pro Tem-Elect -William Lontz The newly elected officers will not begin their duties until the two pending Board vacancies are filled with new appointments currently under consideration by the City Council. Board Minutes Page 104 August 27, 1996 Staff Reappointments_ (Resolution 96-8-2) Further,the Nominating Committee recommends the reappointment of the following Board-appointed staff for the ensuing fiscal year, or,until a successor is appointed,whichever last occurs: Director and General Manager -Joseph Pandy, Jr. Internal Auditor -Kellie Willson Corporate Secretary -Mary Sava Respectfully submitted, Ernest Christian, Chair Peter Pratt John Strolle NOMINATING COMMITTEE There being no objection,the Report of the Nominating Committee,including Resolutions 96-8-1 and 96-8-2,was approved as read. PUBLIC COMMENTS CHAIRMAN HASSLER ANNOUNCED THAT MEMBERS OF THE PUBLIC WILL BE AFFORDED THE OPPORTUNITY TO ADDRESS THE COMMISSIONERS REGARDING ANY ITEM ON THE AGENDA AT THE TIME SUCH ITEM IS OPEN FOR DISCUSSION BY THE COMMISSIONERS. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO AT THIS TIME OR IMMEDIATELY PRIOR TO ADJOURNMENT. No persons spoke. COMMUNICATIONS AND PETITIONS No communications received. COMMITTEE OF THE WHOLE REPORT (Resolution 96-8-3) The Committee of the Whole met on August 13, 1996,to receive staff reports on the following topics: 1. Electric Rates 2. Economic Development Present were Commissioners Christian,Evans,Hassler,Lontz,O'Leary,Pratt,Royal,and Strolle. Electric Rates. Patrick Hurley, Vice President of Management Resources International(NEU),presented an executive summary of the Electric Pricing Study,conducted by MRI on behalf of the BWL. The objectives of the Pricing Study are to review the BWL's current rate schedules,pricing issues and goals, establish projected revenue needs, and develop a pricing strategy for the next three years. The proposed pricing plan anticipates changes in the B WL's pricing policies and market circumstances, as well as changes in the industry environment. Treasurer/Controller Dana Tousley gave an overview of BWL Page 105 Board Minutes August 27, 1996 electric rate objectives as part of the preparatory process to respond to competition. There was lengthy discussion on the need to maintain the BWL's competitive cost advantage for larger customers while continuing to offer residential customers prices that are well below the regional average. The Commissioners agreed in principle with the information presented. For additional reference, staff was requested to provide background data used to conduct the Pricing Study. Following discussion, staff was directed to conduct further study on certain aspects of the rate plan and to report back for further analysis and discussion at the Committee of the Whole meeting to be held September 10, 1996. Economic Development. Mark Taylor,Manager of Electric Customer Projects and Marketing, summarized the current economic development role of the BWL. He noted that staff has acted as a supplementary resource to the marketing and promotion activities of the local and state economic development community. This includes taking a lead role in business retention calls within the BWL service territory. Major BWL economic development activities since 1990 were highlighted. Suggested partnership efforts between the City of Lansing and the BWL include the following projects: • State of Michigan Renaissance Zones: To provide a catalyst for economic revival of depressed urban and rural areas in the State. • Neighborhood Enterprise Zones(NEZ): Encourage new housing construction and renovation of existing houses in some eligible older State of Michigan cities via elimination of property tax and substituted lower NEZ tax. • Lansing Community Micro Enterprise Fund: To create or expand small businesses in low and moderate income areas of Lansing via a low interest loan program. • Business Financing Assistance Program: To attract developers and encourage property owners to fix up their buildings for commercial retail and residential user by providing low interest loans. • City of Lansing recommendations for cooperation or joint partnership between City/EDC/BWL: BWL contribution to a Revolving Loan Fund. Suggested community and economic development activities for the BWL include: • BWL Sites and Buildings • Retention and Expansion Programs • Financial Packaging • Marketing and Promotion • Research and Organization • Industrial Park(with energy) • Rate Incentives • Land Incentives • Residency Incentives Following discussion,the Commissioners directed staff to prioritize the recommended community and economic development activities for evaluation at the Committee of the Whole meeting to be held on September 10, 1996. Respectfully submitted, Dave O'Leary, Chair Pro Tern COMMITTEE OF THE WHOLE Board Minutes Page 106 August 27, 1996 BY CONMSSIONER O'LEARY-- SECONDED BY CON IISSIONER STROLLE That the Committee of the Whole Report, (Resolution 96-8-3),be approved as submitted. Adopted unanimously. GENERAL MANAGER'S RECOMMENDATIONS ADMINISTRATIVE Rea No.96-84 That the Board amend Resolution 96-4-1 concerning entering into a Rail Transportation Contract with Norfolk Southern Railroad(NS)and CN North America(CNNA)subject to approval as to form by the BWL's Legal Counsel. The amended contract particulars are as follows: 1. The term shall be from the effective date(approx. September 1, 1996)through December 31, 1997. 2. There will be no minimum volume commitment. 3. The rate will be as follows: From origins in Kenova/Thacker I Districts 7,000 Net Ton 7,000 Net Ton 8,000 Net Ton Single car Trainloads-NS Cars Trainloads-Private Cars Trainloads- Private Cars $16.99 $16.54 $14.94 $14.54 From origins in Thacker II District 7,000 Net Ton 7,000 Net Ton 8,000 Net Ton Single Car Trainloads-NS Cars Trainloads-Private Cars Trainloads- Private Cars $17.57 $17.05 $15.45 $15.05 By entering into this contract with Norfolk Southern and CN North America,the BWL will be able to expand its base of Spot coal suppliers,as well as increase the opportunities to ship coal utilizing BWL private railcars. Page 107 Board Minutes August 27, 1996 BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER ROYAL That Resolution 96-8-4(Administrative)be approved. Adopted unanimously. CORPORATE PLANNING Res. No.96-8-5 It is recommended that Resolution 86-8-4 concerning easements to governmental entities be amended as follows: Authorize the General Manager to grant easements to other governmental entities OR RELEASE EASEMENTS FROM OTHER GOVERNMENTAL ENTITIES in an amount not to exceed$10,000 subject to the applicable provisions of the Lansing City Charter. Note: New wording inserted in capital letters. This is an administrative matter,which will expedite the handling of easements;the dollar amount is consistent with other Board policies. BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER CHRISTIAN That Resolution 96-8-5 (Corporate Planning)be approved. Adopted unanimously. WATER Res. No.96-8-6 That the Board agree to serve water to proposed Water District No. 123,Delhi Township,as requested by resolution of the Delhi Charter Township Board on August 20, 1996, and that in accordance with the agreement between the Board and the Charter Township of Delhi dated August 15, 1972,covering the furnishing of a potable water supply in Delhi Township,the Board advises officials of Delhi Township as follows: 1. The Board will accept Water District No. 123 established by Township resolution,and will provide a potable water supply to said district. 2. The Township will be required to make a$3,771.90 non-refundable contribution-in-aid of construction to cover the charges set forth in the Board's Policies and Procedures for Water Service for installing the necessary distribution facilities to serve said district. Board Minutes Page 108 August 27, 1996 3. The Board and the Township are to enter into a written agreement(Supple- ment CXXIII)covering the furnishing of a potable water supply in Water District No. 123. 4. Water mains are to be installed in accordance with the current Board's Policies and Procedures for Water Service. Further,that upon receipt of the sum of 3,771.90 from the Township, the project be approved for installation,and the General Manager and the Corporate Secretary be authorized to sign the aforementioned agreement(Supplement CXXIII)to furnish a potable water supply in Water District No. 123. The geographical area of Water District No. 123 is as follows: Along College Road beginning approximately 740 feet north of Dell Road thence northward 270 feet. This district is contiguous to(and will be constructed in conjunction with)Water District No. 121. To provide a potable water supply within the proposed new district requires the installation of 270 feet of watermain and fire hydrants at an estimated cost of $10,767.90. Delhi Township acknowledges the portion of$3,771.90 of the cost of said project. Due to required watermain oversizing,BWL's oversizing cost will be $3,194.10. BWL will incur additional cost of$3,771.90 for Aleidon Township's portion of the watermain which will be recovered in frontage fees as customer's connect BWL's total cost will be$6,996.00. The main extension will serve two(2)residential customers. One-time connection fees will amount to$1,480.00. The estimated annual revenue is$680.00. Watermain to be installed in Summer of 1996 following the receipt of the Township's non-refundable contribution-in-aid of construction and the signing of the agreement. BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER CHRISTIAN That Resolution 96-8-6(Water Utility)be approved. Adopted unanimously. UNFINISHED BUSINESS No unfinished business. NEW BUSINESS No new business. Page 109 Board Minutes August 27, 1996 RESOLUTIONS There were no resolutions. GENERAL MANAGER'S REMARKS The following informational items were presented to the Board: Central Fuels Laboratory,ISO 9000 Registration. General Manager Pandy reported that the BWL's Central Fuels Laboratory(CFL)of the Fuel Supply&Results Department has been recommended by National Quality Assurance,Inc. (NQA)for registration with the International Organization for Standardization(a federation of international standards bodies,known as ISO 9000). The ISO 9000 registration will enable the Fuel Supply Section to administer the coal quality sections of BWL coal contracts with absolute credibility thus assuring customers that the full value for each fuel dollar being spent is realized. Brian McLeod,Manager of Fuel Supply&Results Department,and Wendy Bradley, Senior Fuels Technician,who were present in the audience were recognized for their efforts in attaining this internationally recognized honor. Installation of Sue McCormick as Michigan Section AWWA Chairperson. Water Technical Support Manager Sue McCormick is to be installed as Chair of the Michigan Section of the American Water Works Association(AWWA)on September 12, 1996. She joins the ranks of three previous BWL employees who served in this capacity,they are: William Fishback(1979), Claude Erickson(1956),and John Dye(1949). Ms.McCormick will preside for one year. The Commissioners were invited to attend the Michigan Section AWWA annual conference to be held September 10-13, 1996 at the Radisson Plaza Hotel at Kalamazoo Center,Kalamazoo. FY 1997 Goals and Objectives to be Reviewed. Draft documents of Electric Utility and Water Utility goals and objectives for FY 1997 were sent out to the Commissioners last week. Copies of FY 1997 goals and objectives for the following divisions were handed out for review and comments: Steam Utility, Treasurer/Controller,Human Resources,and Communications. A final Business Plan will be presented to the Board in September. Joette Woodard-Yank Completes Term as IDEA President. Steam Utility Director Joette Woodard- Yauk was featured in DISTRICT ENERGY,Third Quarter, 1996,and received numerous accolades for her leadership role as president of the International District Energy Association(IDEA). BWL Cooperates with MDNR Fisheries Program. General Manager Pandy reported that the Michigan Department of Natural Resources(MDNR),Fisheries Division, is requesting the use of a pond located on BWL property in Windsor Township(T3N,R3W, Sec. 3)for the stocking of walleye spring fingerlings. This would involve 60,000 fish that would grow in 50 days, expected to reach a size of two inches where they would then be captured and restocked in other fisheries. The BWL plans to cooperate with the MDNR in this site by sharing its resources for public good. Corporate Planning Director Roger Ophaug noted the fisheries program is anticipated to be implemented in about one year,which would allow time to resolve and finalize details, including a Memorandum of Understanding for access onto the BWL property and use of the pond. Meeting Planned to Discuss Proposed Vision Center Development in Ottawa Power Station. Oldsmobile General Manager,John Rock,has called a meeting to be held Friday, August 30, at the University Club of MSU at 6:00 p.m. to focus on the conceived development of the Vision Center in the Ottawa Station. Meeting participants include representatives from the City,BWL, Oldsmobile, Vision Board Minutes Page 110 August 27,1996 Services,Inc. (VSI),and Ottawa Park Associates,Developers(OPAD). General Manager Pandy stated that Mr. Rock is committed to relocating the Vision Center to Lansing. In addition,Mr. Rock has indicated on numerous occasions that Oldsmobile wants to continue its presence in Lansing through the Oldsmobile Park,LPGA Golf Classic,and the proposed Vision Center. The Small Business Association of Michigan Considers Relocating to the Ottawa Power Station. Gary Woodbury,President-CEO of The Small Business Association of Michigan, has communicated to the Ottawa Park Associates,Developers(OPAD)that the Association's physical development committee has agreed to commit to 10,000 square feet in the Ottawa plant development for its relocated offices. The Association,currently housed in the Phoenix Building on Washington mall,is considering space in Ottawa's upper levels(6th or 7th floor). The Association's membership is expected to vote on the relocation proposal in early September. [Commissioner Lontz arrived at 5:50 p.m.] Centerpiece Fountain Proposed for Oldsmobile Park. General Manager Pandy displayed an artist's concept of a high-tech water fountain at the main entrance of Oldsmobile Park,proposed by Mayor Hollister. The circular fountain, expected to cost about$100,000,would feature arcing and vertical streams of water,synchronized to the pulse of light and sound. Mr.Pandy suggested supporting the City and the community with this project by providing the water hookup to the fountain and periodic maintenance service. In return, the BWL would receive recognition for in-kind support, similar to maintenance services to be provided for the Rotary Steam Clock. Following discussion, the Commissioners agreed that it would be appropriate for the BWL to take a role in the community by providing operational and maintenance services for the fountain. Mayor Submits Nominations for BWL Commissioners Mayor David Hollister has placed the nominations of Judson Werbelow and Joseph Graves,Jr. for BWL Commissioners to fill the expired terms of Phillip Hassler and Dr.Eva Evans. Mr. Werbelow is a retired attorney from the firm of Dickinson, Wright,Moon, Van Dusen&Freeman,who did legal work for the BWL and also for the Michigan Public Power Agency(MPPA). He is experienced in public power matters,particularly in public power bond issues. Joseph Graves, Jr. is currently employed by the Michigan Family Independence Agency, serving as an executive advisor to the Director,Dr. Gerald Miller. Mr. Graves also served as a Deputy Director of the Michigan Department of Social Services in both the Blanchard and Engler administrations. His previous employment experience includes work in the Michigan Department of Commerce Energy Administration and in the State of California Energy Office under former California Governor Jerry Brown. The two nominees are subject to City Council confirmation. Their appointments will run through June 30, 2000. Commissioners Hassler and Evans will continue on the Board until the Mayor's two appointments are confirmed. REMARKS BY COMMISSIONERS Commissioner Lontz inquired on the status of the Integrated Resource Plan(IRP)and its effect on rates. Bill Cook,Director of Electric System Control Division, responded that the time frame for presenting the final recommendations is four months behind schedule. The completion date is targeted some time in November. The purpose of the IRP is to develop a long-term strategy(10-15 years)to optimize the BWL's power costs. Some of the alternatives may have an impact on the operations and maintenance costs,but there is nothing in the IRP that has a short-term fix. Page 111 Board Minutes August 27, 1996 Commissioner Christian inquired where the BWL stands in recovering damage expenses from the Dye High Pressure Pumping Station Incident on April 3, 1996. Corporate Planning Director Roger Ophaug responded that Project Engineering staff and the Risk Manager are in negotiations with the contractor. A formal response from the contractor has not yet been received. PUBLIC COMMENTS Councilmember Harold Leeman,who was present in the audience,thanked Commissioners Hassler and Evans for their time and commitment to the BWL and the City. EXCUSED ABSENCES BY COMMISSIONER ROYAL— SECONDED BY COMMISSIONER CHRISTIAN That the absence of Commissioner Evans be excused. Adopted unanimously. ADJOURNMENT On motion of Commissioner Royal,the Board adjourned at 5:59 p:m Mary E. So ecretary Filed: August 28, 1996 Marilynn Slade, City Clerk Board of Water and Light,Lansing,Michigan Board of Water & Light Lansing, Michigan Proposed Electric Rate Schedules Adopted: Proposed Effective: January 1, 1997 Board of Water and Light, Lansing,Michigan 3rd Revised Sheet No.EB1 RESIDENTIAL ELECTRIC SERVICE RATE NO. 1 Availability-This rate is available to any single-family residence or individual dwelling unit when the entire electric requirements are supplied at one point of delivery through one meter. Service to appurtenant buildings may be taken through the same meter. Service under this rate is not available to any single-family residence or individual dwelling unit when a portion of the residence or dwelling unit is used for commercial, industrial, or resale purposes unless the wiring is so arranged that service for residence and non-residence purposes are metered separately. Nature of Service- Alternating current, 60 hertz, single phase, 120/240 nominal volts. Monthly Rate -Shall be computed in accordance with the following charges: Basic Service Charge $3.20 per customer per month or part thereof Energy Charge Summer Billing Months of June through October $0.0543 per kWh for the first 500 kWh $0.0580 per kWh for all over 500 kWh Winter Billing Months of November through May $0.0543 per kWh for the first 500 kWh $0.0565 per kWh for all over 500 kWh Water Heatine Discount-When an approved electric water heater is permanently installed,and there is no other method of water heating, the Basic Service Charge shall be$2.90. Energy Cost Ad iustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule which is incorporated herein by this reference. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which le%ies taxes, license fees,franchise fees. or any other charges against the Board of Water and Light(BWL)property, or its operation, or the production and/or sale of electric energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Auxiliary Power Provision -Domestic customers desiring electric service as an auxiliary source of power to wind or solar powered generating equipment may take service under this rate schedule under special agreement with the BWL. The customer shall pay the charges set forth above. A customer taking auxiliary power under this rate shall pay all reasonable costs associated with any alteration of BWL equipment required for proper operation of the customer's generating equipment in parallel with the BWL system. A customer may elect to sell energy to the BWL at the rate of$.022/kWh delivered. Customers selling energy to the BWL shall pay a charge of$6.40 per month or part thereof instead of the above Basic Service Charge. Rules and Regulations - Service under this rate is subject to the BWL Rules and Regulations for Electric Service which are incorporated herein by this reference Adopted:Proposed Effective: January 1, 1997 Board of Water and Light,Lansing.Michigan 3rd Revised Sheet No. EB3 RESIDENTIAL ALL-ELECTRIC SERVICE RATE NO. 2 Availabilitv-This rate is available to any single-family residence or individual dwelling unit when the entire electric requirements for water heating, cooking and space conditioning are supplied at one point of delivery through one meter. Service to appurtenant buildings may be taken through the same meter. Service under this rate is not available to any single-family residence or individual dwelling unit when a portion of the residence or dwelling unit is used for commercial, industrial,or resale purposes unless the wiring is so arranged that service for residence and non-residence purposes are metered separately. Nature of Service-Alternating current,60 hertz, single phase, 120/240 nominal volts. Monthly Rate- Shall be computed in accordance with the following charges. Basic Service Charge $3.20 per customer per month or part thereof Energy Charge Summer Billing Months of June through October $0.0543 per kWh for the first 500 kWh $0.0580 per kWh for all over 500 kWh Winter Billing Months of November through May $0.0543 per kWh for the first 500 kWh $0.0560 per kWh for all over 500 kWh Water Heatine Discount-When an approved electric water heater is permanently installed, and there is no other method of water heating,the Basic Service Charge shall be$2.90. Energy Cost Adiustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule which is incorporated herein by this reference. Tax Adjustment -Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board of Water and Light(BWL)property, or its operation, or the production and/or sale of electric energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior senice with the BWL. Auxiliary Power Provision -Domestic customers desiring electric service as an auxiliary source of power to wind or solar powered generating equipment may take service under this rate schedule under special agreement with the BWL. The customer shall pay the charges set forth above. A customer taking auxiliary power under this rate shall pay all reasonable costs associated«ith any alteration of BWL equipment required for proper operation of the customer's generating equipment in parallel iNith the BWL system. A customer may elect to sell energy to the BWL at the rate of S.022/kWh delivered. Customers selling energy to the BWL shall pay a charge of$6.40 per month or part thereof instead of the above Basic Service Charge. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service which are incorporated herein by this reference. Adopted: Proposed Effective: January 1, 1997 Board of Water and Light, Lansing,Michigan 2nd Revised Sheet No. EB2 This sheet has been canceled. Adopted: Proposed Effective: January 1. 1997 Board of Water and Light, Lansing,Michigan 2nd Revised Sheet No. EB5 GENERAL ELECTRIC SERVICE RATE NO.3 Availabilitv-This rate is available to any customer desiring secondary voltage service for any purpose when supplied at one point of delivery through one meter. The limitation to secondary-voltage service may be waived in instances where the character of the electric load at the premises served has changed substantially. This rate is not available for emergency or standby service. Nature of Service-Alternating current, 60 hertz,single phase or three phase. The secondary voltage in each case to be determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges. Basic Service Charge $7.50 per customer per month or part thereof Energy Charge Summer Billing Months of June through October $0.0686 per kWh Winter Billing Months of November through May $0.0660 per kWh Energy Cost Adiustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule which is incorporated herein by this reference. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the BWL property, or its operation, or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Metering-Where the BWL elects to measure the service on the primary side of the transformers,the metered kWh thus measured will be reduced by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter, the consumption as registered by the different meters will not be combined for billing purposes. but will be computed and billed separately. Delaved Payment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to anv bill which is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Auxiliary Power Provision - Customers desiring electric service as an auxiliary source of power to wind or solar powered generating equipment may take service under this rate schedule under special agreement with the BWL. The customer shall pay the charges set forth above. A customer taking auxiliary power under this rate shall pay all reasonable costs associated with any alteration of BWL equipment required for proper operation of the customer's generating equipment in parallel with the BWL system. A customer may elect to sell energy to the BWL at the rate of$.022/kWh delivered. Customers selling energy to the BWL shall pay a charge of $12.46 per month or part thereof instead of the above Basic Service Charge. Rules and ReZulations- Service under this rate is subject to the BWL Rules and Regulations for Electric Service which are incorporated herein by this reference. Adopted:Proposed Effective: January 1, 1997 Board of Water and Light, Lansing,Michigan 2nd Revised Sheet No. EB4 This sheet has been canceled. Adopted:Proposed Effective: January 1. 1997 Board of Water and Light, Lansing,Michigan 2nd Revised Sheet No. EB7 LARGE GENERAL ELECTRIC SERVICE RATE NO. 4 Availahilitv-This rate is available to any customer desiring secondary voltage for any purpose when the electrical requirements are supplied at one point of delivery through one metering installation and where the billing demand is 15 kW or more. The limitation to secondary-voltage service may be waived in instances where the character of the electric load at the premises served has changed substantially. This rate is not available for standby or emergency services. Nature of Service-Alternating current, 60 hertz, single phase or three phase. The secondary voltage to be determined by the Board of Water and Light(BWL). Monthlv Rate- Shall be computed in accordance with the following charges. Basic Service Charge $18.00 per customer per month or part thereof Capacity Charge $8.20 per kW for all kW of Maximum Demand Energy Charge Summer Billing Months of June through October $0.0350 per kWh Winter Billing Months of November through May $0.0320 per kWh Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh The Reactive Power Charge shall be applicable to customers who have reactive kilovar hour(kvarh) metering installed in accordance with BWL Rules and Regulations regarding power factor. Energy Cost Adiustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule which is incorporated herein by this reference. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the BWL property, or its operation, or the production and/or sale of electrical energy, to offset anv such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand -The billing demand shall be the kW supplied during the 15-minute period of maximum use during the month but not less than 60%of the highest registered demand in the preceding eleven(11) months, nor less than 15 kW. Metering- Where the BWL elects to measure the service on the primary side of the transformer, the metered kW and kWh quantities thus measured will be reduced by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one metering installation, the consumption as registered by the different metering installations will not be combined for billing purposes, but will be computed and billed separately. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Application Charge -A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service which are incorporated herein by this reference. Adopted:Proposed Effective: January 1, 1997 Board of Water and Light. Lansing, Michigan 1st Revised Sheet No. EB6 This sheet has been canceled. Adopted:Proposed Effective: January L 1997 Board of Water and Light, Lansing, Michigan 3rd Revised Sheet No.EB9 PRIMARY ELECTRIC SERVICE RATE NO. 5 Availability-This rate is available to any customer desiring primary voltage service when the electrical requirements are supplied at one point of delivery through one metering installation(except as provided below for Multiple Delivery Point Aggregation)and where the billing demand is 100 kW or more. This rate is not available for standby or emergency service. Nature of Service-Alternating current, 60 hertz,three phase. The primary voltage to be determined by the Board of Water and Light(BWL). Monthlv Rate-Shall be computed in accordance with the following charges: Basic Service Charge $50.00 per customer per month or part thereof Capacity Charge $6.90 per kW for all kW of On-Peak Billing Demand,plus $2.00 per kW for all kW of Maximum Demand Energy Charge Summer Billing Months of June through October $0.0315 per kWh for all kWh during the On-Peak Period,plus $0.0270 per kWh for all kWh during the Off-Peak Period, plus Winter Billing Months of November through May $0.0300 per kWh for all kWh during the On-Peak Period,plus $0.0270 per kWh for all kWh during the Off-Peak Period Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh The Reactive Power Charge shall be applicable to customers who have reactive kilovar hour(kvarh)metering installed in accordance with BWL Rules and Regulations regarding power factor. Energy Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule which is incorporated herein by this reference. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees,or any other charges against the Board's property, or its operation,or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand On-Peak Billing Demand: The On-Peak Billing Demand shall be the kW supplied during the 15- minute period of maximum use during the On-Peak Period during the month, but not less than 60%of the highest registered demand during the On-Peak Period in the preceding eleven (11) months,and not less than 100 kW. Maximum Demand: The Maximum Demand shall be the kW supplied during the 15-minute period of maximum use during the month whether on-peak or off-peak, but not less than 60%of the highest registered demand in the preceding eleven(11) months, and not less than 100 kW. Schedule of on-peak and off-peak periods-The On-Peak Period shall be from 10:00 a.m. until 6:00 p.m., Monday through Friday. All other hours shall comprise the Off-Peak Period. Adopted: Proposed Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 1st Revised Sheet No. EB8 This sheet has been canceled. Adopted:Proposed Effective: January 1. 1997 Board of Water and Light,Lansing,Michigan 3rd Revised Sheet No. EB10 PRIMARY ELECTRIC SERVICE RATE NO. 5 Multiple Delivery Point Aggregation -The 15-minute period demands of multiple delivery points of a customer may be summed for determination of the total On-Peak Billing Demand under the following conditions: (a)the Maximum Demand at each delivery point must equal or exceed 100 kW; (b)the total On- Peak Billing Demand shall not be less than 4,000 kW; and(c)the customer shall agree to a service contract with the BWL for the customer's full electrical service requirements at the totalized delivery points for a period of not less than five(5)years. Aggregation shall be applicable for determination of the On-Peak Billing Demand only. All other charges, including the Basic Service Charge and Maximum Demand, shall apply to each delivery point independently. Metering-When the BWL elects to measure the service on the secondary side of the transformers, the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation, consumption as registered by the different meter installations will not be combined for billing purposes, but will be billed and computed separately except as provided for Multiple Delivery Point Totalization. Equipment Supplied by Customer-The customer shall be responsible for furnishing, installing and maintaining all necessary transforming, controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL,a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service which are incorporated herein by this reference. Adopted: Proposed Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan Original Sheet No. EB10-1 GENERAL PRIMARY SERVICE RATE NO. 6 This sheet has been canceled. ['This Rate is proposed to be canceled. Service may be provided under rates 3 or 4.1 Adopted:Proposed Effective: January 1, 1997 Board of Water and Light, Lansing,Michigan 2nd Revised Sheet No. EB11 MUNICIPAL WATER PUMPING ELECTRIC SERVICE RATE NO. 7 Availability-This rate is available to any political subdivision or agency thereof of the State of Michigan located within the Board of Water and Light(BWL)service area desiring service for potable water pumping and associated potable water production equipment when the entire electrical requirements are supplied at one point of delivery through one meter. This rate is not available for emergency, standby, or auxiliary service. Nature of Service- Alternating current, 60 hertz, three phase. The secondary or primary voltage in each case to be determined by the BWL. Monthly Rate-Shall be computed in accordance with the following charges. Basic Service Charge $5.00 per customer per month or part thereof Energy Charge $0.0515 per kWh Enerev Cost Ad iustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule which is incorporated herein by this reference. Tax Ad iustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees, franchise fees,or any other charges against the BWL property, or its operation, or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Metering-Where the BWL elects to measure the service on the primary side of the transformers serving the customer,the metered kWh thus measured will be reduced 3%for billing purposes to adjust for transformer losses. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations- Service under this rate is subject to the BWL Rules and Regulations for Electric Service which are incorporated herein by this reference. Adopted: Proposed Effective: January 1, 1997 Board of Water and Light, Lansing, Michigan 2nd Revised Sheet No.EB12 LARGE CAPACITY ELECTRIC SERVICE RATE NO. 8 Availabilitv-This rate is available to any customer desiring primary voltage service when: (a) the electrical requirements are supplied at one or more points of delivery as provided below for Multiple Delivery Point Aggregation;(b)where the total On-Peak Billing Demand is 25,000 kW or more; and(c)the customer agrees to a service contract with the BWL for the customer's full electrical service requirements at the applicable delivery points for a period of not less than ten(10)years. This rate is not available for standby or emergency service. Nature of Service-Alternating current. 60 hertz, three phase. The primary voltage to be determined by the Board of Water and Light(BWL). Monthlv Rate-Shall be computed in accordance with the following charges: Basic Service Charge $250.00 per delivery point per month or part thereof Capacity Charge $8.00 per kW for all kW of On-Peak Billing Demand, plus $1.50 per kW for all kW of Maximum Demand Energy Charge Summer Billing Months of June through October $0.0300 per kWh for all kWh during the On-Peak Period,plus $0.0260 per kWh for all kWh during the Off-Peak Period,plus Winter Billing Months of November through May $0.0288 per kWh for all kWh during the On-Peak Period,plus $0.0260 per kWh for all kWh during the Off-Peak Period Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh Energy Cost Adiustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule which is incorporated herein by this reference. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board's property, or its operation, or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand On-Peak Billing Demand: The On-Peak Billing Demand shall be the total kW supplied to all applicable delivery points during the 15-minute period of maximum use during the On-Peak Period during the month,but not less than 85%of the highest registered demand during the On-Peak Period in the preceding eleven(11) months, and not less than 25,000 kW. (See Multiple Delivery Point Aggregation.) Maximum Demand: The Maximum Demand for each delivery point shall be the kW supplied during the 15-minute period of maximum use during the month whether on-peak or off-peak,but not less than 60%of the highest registered demand in the preceding eleven(11) months, and not less than 1,000 kW. The total Maximum Demand for all applicable delivery points shall not be less than 25,000 kW. Schedule of on-peak and off-peak periods-The On-Peak Period shall be from 10:00 a.m. until 6:00 p.m., Monday through Friday. All other hours shall comprise the Off-Peak Period. Adopted:Proposed Effective: January 1, 1997 APPENDIX A SUMMARY OF TENTATIVE CONTRACT SETTLEMENT November 1, 1996 - October 31, 1999 I. Basic Agreement A. Three year agreement retroactive to November 1, 1996 (expiring October 31, 1999) B. Parties agree to a"Living Agreement"to address competition and cost reduction C. Partnership Statement and Empowerment of Departments II. Economic Changes A. Wage Increases I 1-01-96 - 10-31-97 3.5% 11-01-97 - 10-31-98 3.0% 11-01-98 - 10-31-99 2.5% B. Life Insurance, effective January 1, 1997 1. Premium Waiver and Life Pay-out will be discontinued. 2. Premium on all life and accidental death and dismemberment insurance coverage over$10,000 will be paid through the Flexible Spending Account. C. Job Security 1. A minimum ratio of fifty-five percent(55%)bargaining unit representation in the workforce will be maintained. 2. Supplemental labor performing bargaining unit work will be limited to ten percent(10%)of bargaining unit employees. 3. Formation of a New Ventures Team 4. Flexibility 5. Successor Clause III. Other Issues A. Policy Statements 1. Upon request from the union, Management must respond to wage adjustment requests within six months after the presentation. B. Leave of Absence An employee placed on compensable illness or injury leave after November 1, 1996 shall lose seniority when the leave equals the employee's pre-leave seniority, but not to exceed 2 years. C. The Just-Cause criteria and procedure under the current BWL Drug &Alcohol Policy will be enhanced with education and process improvements. D. Share the Success 1. Bonus amount applied to base pay for pension calculation capped at 59/o/year. 2. Separate department measures based on hard savings attributable to employees with 90/10 split of savings; 90%to organization/10%to department employees. 3. Department taskforces to be established to identify savings within one year. 4. Both programs to continue through the life of this agreement. APPENDIX A-1 E. Any employee who has returned to the bargaining unit shall not have seniority time accumulated outside the bargaining unit applied in determining layoff. F. "Reasonable Time" for standby shall be defined as 30 minutes. N. Issues Sent to Subcommittee A. Paid Time Off B. Use of 20-day window to return to former job C. Workers Compensation APPENDIX A•2 PARTNERSHIP AGREEMENT The Board of Water and Light and I.B.E.W., Local 352, recognize the critical and on-going need to improve customer service and reduce cost. As part of this agreement, we are committed to a partnership; working together to improve the Board of Water and Light's ability to compete in a rapidly changing marketplace. We will accomplish this through: • An open and free exchange of all information Proactive decision-making at all levels Enabling employees to be owners of their work Promoting participation and innovation Encouraging a positive relationship among all employees Our partnership will become the driving process that enables the Board of Water and Light to continue to change and stay competitive. R INCREMENTAL BARGAINING SETTLEMENT COST pP'Fr;dDI:{ NOVEMBER 1, 1996 TO OCTOBER 31, 1999 'Base' 'Gross' 'Total' Bargaining Wage Wage Compensation Costs Increase Increase Increase (1) (2) (3) (4) $19.30 $22.64 $28.88 YEAR ONE General Increase 3.50% 798,986 0.68 0.79 0.91 Pension Multiplierto 1.80 1.83% 311,485 0.35 Ten Year Graded Vesting 0.03% 5,106 0.01 Life Insurance (Option Two) (19,869) -0.02 Life Insurance (Flexible Spending) (11,216) -0.01 Leave of Absence (2 yrs from 5 yrs) (23,254) -0.03 Actual Overtime on Holidays (6,648) -0.01 1,054,590 $19.98 $23.43 $30.08 3.50% 4.16% YEAR TWO General Increase 3.00% 704,988 0.60 0.69 0.80 Pension Multiplier to 1.80 1.83% 10,975 0.01 Ten Year Graded Vesting 0.03% 180 0.00 Life Insurance (Option Two) (695) 0.00 Life Insurance (Flexible Spending) (393) 0.00 Leave of Absence (2 yrs from 5 yrs) (814) 0.00 Actual Overtime on Holidays (233) 0.00 714,008 $20.58 $24.12 $30.89 3.00% 2.69% YEAR THREE General Increase 2.50% 610,989 0.52 0.60 0.69 Pension Multiplier to 1.80 1.83% 9,683 0.01 Ten Year Graded Vesting 0.03% 159 0.00 Life Insurance (Option Two) (21) 0.00 Life Insurance (Flexible Spending) (12) 0.00 Leave of Absence (2 yrs from 5 yrs) (24) 0.00 Actual Overtime on Holidays (7) 0.00 620,767 $21.10 $24.72 $31.59 2.50% 2.27% Notes: (1) Includes payroll loading: FICA 7.65%; Pension 7.22%; Life & Long-Term Disability Insurance 1.58%. (2) Base wage is the employee average hourly rate. (3) Gross wage include base wage plus share the success, shift premium, Sunday premium, standby premium, paid retirement allowance and overtime. (4) Total compensation include gross wage plus pension contribution, health care insurance, dental insurance, life insurance, long-term disability insurance, FICA, workers compensation, tuition refunds, safety shoes & glasses, and meals paid. DMF GENERAL ACCOUNTING 11/14/96 07:31 AM FACTSHET.WK4 APPENDIX C Pension Settlement Issues Issue 1. Continue existing post retirement benefits Agree Issue 2. Post retirement increases in pension amount Agree to continue current system, with one change. Board would review pension increases every 3 years, but reduce the "look back" period to one year. For example, pensioners who have retired in the last 12 months would be ineligible for any increase. Issue 3. Security of ICMA deferred compensation funds Agree to establish separate trust, when IRS and ICMA have set regulations and determined the form and format for complying with the provisions contained in 1996 amendments to the Internal Revenue Code. Issue 4. Attract and retain employees Agree to a graduated vesting schedule starting at 5 years, with 100% vesting at 10 years seniority. Agree to a 1.80 multiplier for all pension calculations. Agree to lump sum annuity withdrawal option upon permanent separation from employment. This option must be actuarially equilvalent. Agree to purchase of pension service credit. The purchase price must be actuarially equivalent. Establish mandatory defined contribution plan for new hires after 1-1-97 and existing employees who wish to permanently convert to defined contribution plan. Must be at no cost to BWL over existing DB plan. Issue 5. Cost Change multiplier to 1.80 $311,485 annual cost Graduated vesting 5-10 yr 5,106 annual cost Issue 6. Security of the pension promise Agree to strengthen and improve termination and successor clause in trust agreement. Issue 7. Communication to employees Agree to continue to provide the following simplified and improved reports to employees; a. Summary plan description b. Member annual statement c. Plan annual report Agree to pursue, apply and strive to win the Public Pension Principles Achievement Award sponsored by The Public Pension Coordinating Council. dwt 11/26/96 812 AM Board of Water and L.61it, Lansing,Michigan Board of Water & Light Lansing, Michigan Electric Rate schedules Adopted:November 26, 1996 Effective: January 1, 1997 Board of Water and Light, Lansing,Michigan 3rd Revised Sheet No. EB1 RESIDENTIAL ELECTRIC SERVICE RATE NO. 1 Availabilitv-This rate is available to any single-family or multifamily dwelling of 4 units or less when the entire electric requirements are supplied at one point of delivery through one meter. Service to appurtenant buildings may be taken through the same meter. Service under this rate is not available to any single-family or multifamily dwelling unit of 4 units or less when a portion of the dwelling unit is used for commercial, industrial, or resale purposes unless the wiring is so arranged that service for residential and non-residential purposes are metered separately. Nature of Service-The service is alternating current,60 hertz, single phase, 120/240 nominal volts. Monthly Rate - Shall be computed in accordance with the following charges: Basic Service Charge $3.20 per customer per month Energy Charge Summer Billing Months of June through October $0.0543 per kWh for the first 500 kWh $0.0580 per kWh for all over 500 kWh Winter Billing Months of November through May $0.0543 per kWh for the first 500 kWh $0.0565 per kWh for all over 500 kWh Minimum Bill -The minimum bill is the basic service charge included in the monthly rate. Water Heating Discount-When an approved electric water heater is permanently installed, and there is no other method of water heating, the Basic Service Charge shall be$2.90. Energy Cost Adiustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Adiustment -Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees, franchise fees, or any other charges against the Board of Water and Light(BWL) property, or its operation. or the production and/or sale of electric energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Auxiliary Power Provision-Domestic customers desiring electric service as an auxiliary source of power to wind or solar powered generating equipment may take service under this rate schedule under special agreement with the BWL. The customer shall pay the charges set forth above. A customer taking auxiliary power under this rate shall pay all reasonable costs associated with any alteration of BWL equipment required for proper operation of the customer's generating equipment in parallel with the BWL system. A customer may elect to sell energy to the BWL at the rate of$.022/kWh delivered. Customers selling energy to the BWL shall pay a charge of$6.40 per month or part thereof instead of the above Basic Service Charge. Rules and Regulations - Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference Adopted:November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 2nd Revised Sheet No.EB2 This sheet has been canceled. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 3rd Revised Sheet No. EB3 RESIDENTIAL ALL-ELECTRIC SERVICE RATE NO. 2 Availabilitv-This rate is available to any single-family or multifamily dwelling of 4 units or less when the entire electric requirements for water heating, cooking and space conditioning are supplied at one point of delivery through one meter. Service to appurtenant buildings may be taken through the same meter. Service under this rate is not available to any single-family or multifamily dwelling of 4 units or less when a portion of the dwelling unit is used for commercial, industrial, or resale purposes unless the wiring is so arranged that service for residential and non-residential purposes are metered separately. Nature of Service-The service is alternating current, 60 hertz, single phase, 120/240 nominal volts. Monthly Rate -Shall be computed in accordance with the following charges. Basic Service Charge $3.20 per customer per month Energy Charge Summer Billing Months of June through October $0.0543 per kWh for the first 500 kWh $0.0580 per kWh for all over 500 kWh Winter Billing Months of November through May $0.0543 per kWh for the first 500 kWh $0.0560 per kWh for all over 500 kWh Minimum Bill -The minimum bill is the basic service charge included in the monthly rate. Water Heating Discount-When an approved electric water heater is permanently installed, and there is no other method of water heating, the Basic Service Charge shall be$2.90. Energy Cost Adiustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Adiustment -Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board of Water and Light(BWL)property, or its operation, or the production and/or sale of electric energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Auxiliary Power Provision -Domestic customers desiring electric service as an auxiliary source of power to wind or solar powered generating equipment may take service under this rate schedule under special agreement with the BWL. The customer shall pay the charges set forth above. A customer taking auxiliary power under this rate shall pay all reasonable costs associated with any alteration of BWL equipment required for proper operation of the customer's generating equipment in parallel with the BWL system. A customer may elect to sell energy to the BWL at the rate of$.022/kWh delivered. Customers selling energy to the BWL shall pay a charge of$6.40 per month or part thereof instead of the above Basic Service Charge. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted:November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing, Michigan 2nd Revised Sheet No.EB4 This sheet has been canceled. Adopted:November 26, 1996 Effective.- January 1, 1997 Board of Water and Light, Lansing, Michigan 2nd Re%lsed Sheet No. EB5 GENERAL ELECTRIC SERVICE RATE NO. 3 Availability-This rate is available to any customer desiring secondary voltage service for any purpose when supplied at one point of delivery through one meter. The limitation to secondary-voltage service may be waived in instances where the character of the electric load at the premises served has changed substantially. This rate is not available for emergency or standby service. Nature of Service-The service is alternating current, 60 hertz, single phase or three phase. The secondary voltage is determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges. Basic Service Charge $7.50 per customer per month Energy Charge Summer Billing Months of June through October $0.0686 per kWh Winter Billing Months of November through May $0.0660 per kWh Minimum Bill -The minimum bill is the basic service charge included in the monthly rate. Enem Cost Ad iustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies takes, license fees.franchise fees, or any other charges against the BWL property,or its operation,or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Metering-Where the BWL elects to measure the service on the primary side of the transformers, the metered kWh thus measured will be reduced by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter, the consumption as registered by the different meters will not be combined for billing purposes. but«ill be computed and billed separately. ;,Ielaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Auxiliary Power Provision -Customers desiring electric service as an auxiliary source of power to wind or solar powered generating equipment may take service under this rate schedule under special agreement with the BWL. The customer shall pay the charges set forth above. A customer taking auxiliary power under this rate shall pay all reasonable costs associated with any alteration of BWL equipment required for proper operation of the customer's generating equipment in parallel with the BWL system. A customer may elect to sell energy to the BWL at the rate of$.022/kWh delivered. Customers selling energy to the BWL shall pay a charge of $12.46 per month or part thereof instead of the above Basic Service Charge. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted:November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 1st Revised Sheet No. EB6 This sheet has been canceled. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing, Michigan 2nd Revised Sheet No.EB7 LARGE GENERAL ELECTRIC SERVICE RATE NO. 4 Availabilitv-This rate is available to any customer desiring secondary voltage for any purpose when the electrical requirements are supplied at one point of delivery through one metering installation and the billing demand is 15 kW or more. The limitation to secondary-voltage service may be waived in instances where the character of the electric load at the premises served has changed substantially. This rate is not available for standby or emergency services. Nature of Service-The service is alternating current, 60 hertz, single phase or three phase. The secondary voltage is determined by the Board of Water and Light(BWL). Monthlv Rate-Shall be computed in accordance with the following charges. Basic Service Charge $18.00 per customer per month Capacity Charge $8.20 per kW for all kW of Maximum Demand Energy Charge Summer Billing Months of June through October $0.0350 per kWh Winter Billing Months of November through May $0.0320 per kWh Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh. The Reactive Power Charge shall be applicable to customers who have reactive kilovar hour(kvarh) metering installed in accordance with BWL Rules and Regulations regarding power factor. Minimum Bill -The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Adiustment -Bills shall be increased within the limits of any governmental authority or political subdivision which levies takes. license fees,franchise fees, or any other charges against the BWL property, or its operation,or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand -The billing demand shall be the kW supplied during the 15-minute period of maximum use during the month but not less than 60%of the highest registered demand in the preceding eleven(11)months, nor less than 15 kW. Metering-Where the BWL elects to measure the service on the primary side of the transformer, the metered kW and kWh quantities thus measured will be reduced by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one metering installation, the consumption as registered by the different metering installations«i11 not be combined for billing purposes, but will be computed and billed separately. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge -A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Adopted: November 26. 1996 Effective: January 1, 1997 Board of Water and Light, Lansing,Michigan 1st Revised Sheet No.EB8 LARGE GENERAL ELECTRIC SERVICE RATE NO. 4 Rules and Regulations- Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted:November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 3rd Revised Sheet No.EB9 PRIMARY ELECTRIC SERVICE RATE NO. 5 Availabilitv-This rate is available to any customer desiring primary voltage service when the electrical requirements are supplied at one point of delivery through one metering installation (except as provided below for Multiple Delivery Point Aggregation) and the billing demand is 100 kW or more. This rate is not available for standby or emergency service. Nature of Service-The service is alternating current, 60 hertz, three phase. The primary voltage is determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges: Basic Service Charge $50.00 per customer per month Capacity Charge $6.90 per kW for all kW of On-Peak Billing Demand,plus $2.00 per kW for all kW of Maximum Demand Energy Charge Summer Billing Months of June through October $0.0315 per kWh for all kWh during the On-Peak Period, plus $0.0270 per kWh for all kWh during the Off-Peak Period, phi Winter Billing Months of November through May $0.0300 per kWh for all kWh during the On-Peak Period, phi $0.0270 per kWh for all kWh during the Off-Peak Period Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh The Reactive Power Charge shall be applicable to customers who have reactive kilovar hour(kvarh) metering installed in accordance with B WL Rules and Regulations regarding power factor. Minimum Bill -The minimum bill is the basic service charge included in the monthly rate. Energy Cost Ad iustment -This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Ad iustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees. franchise fees, or any other charges against the Board's property,or its operation, or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand On-Peak Billing Demand: The On-Peak Billing Demand shall be the kW supplied during the 15- minute period of maximum use during the On-Peak Period during the month,but not less than 60%of the highest registered demand during the On-Peak Period in the preceding eleven(11) months, and not less than 100 kW. Maximum Demand: The Maximum Demand shall be the kW supplied during the 15-minute period of maximum use during the month whether on-peak or off-peak,but not less than 60%of the highest registered demand in the preceding eleven(11) months. and not less than 100 kW. Schedule of on-peak and off-peak periods -The On-Peak Period shall be from 10:00 a.m. until 6:00 p.m., Monday through Friday. All other hours shall comprise the Off-Peak Period. Adopted:November 26, 1996 Effective: January 1, 1997 Board of Water and Light, Lansing, Michigan 3rd Revised Sheet No. EB10 PRIMARY ELECTRIC SERVICE RATE NO. 5 Multiple Delivery Point Aggregation-The 15-minute period demands of multiple delivery points of a customer may be summed for determination of the total On-Peak Billing Demand under the following conditions: (a)the Maximum Demand at each delivery point must equal or exceed 100 kW; (b)the total On- Peak Billing Demand shall not be less than 4,000 kW; and (c) the customer shall agree to a service contract with the BWL for the customer's full electrical service requirements at the aggregated delivery points for a period of not less than five(5)years. Aggregation shall be applicable for determination of the On-Peak Billing Demand only. All other charges, including the Basic Service Charge and Maximum Demand, shall apply to each delivery point independently. Metering-When the BWL elects to measure the service on the secondary side of the transformers,the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation, consumption as registered by the different meter installations will not be combined for billing purposes, but will be billed and computed separately except as provided for in Multiple Delivery Point Aggregation. Equipment Supplied by Customer-The customer shall be responsible for furnishing, installing and maintaining all necessary transforming, controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL, a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delaved Pavment Charge- A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light, Lansing,Michigan Original Sheet No. EB10-1 GENERAL PRIMARY SERVICE RATE NO. 6 This sheet has been canceled. [This Rate is proposed to be canceled. Service may be provided under rates 3 or 4.1 Adopted:November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 2nd Revised Sheet No.EB11 MUNICIPAL WATER PUMPING ELECTRIC SERVICE RATE NO. 7 Availabilitv-This rate is available to any political subdivision or agency of the State of Michigan desiring service for potable water pumping and associated potable water production equipment when the entire electrical requirements are supplied at one point of delivery through one meter. This rate is not available for emergency, standby, or auxiliary service. Nature of Service-The service is alternating current, 60 hertz, three phase. The secondary or primary voltage is determined by the BWL. Monthly Rate-Shall be computed in accordance with the following charges. Basic Service Charge $5.00 per customer per month Energy Charge $0.0515 per kWh Minimum Bill -The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adiustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the BWL property, or its operation, or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Metering-Where the BWL elects to measure the service on the primary side of the transformers serving the customer, the metered kWh thus measured will be reduced 3%for billing purposes to adjust for transformer losses. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 2nd Revised Sheet No.EB12 LARGE CAPACITY ELECTRIC SERVICE RATE NO. 8 Availabilitv-This rate is available to any customer desiring primary voltage service when: (a) the electrical requirements are supplied at one or more points of delivery as provided below for Multiple Delivery Point Aggregation; (b)where the total On-Peak Billing Demand is 25,000 kW or more; and(c) the customer agrees to a service contract with the BWL for the customer's full electrical service requirements at the applicable delivery points for a period of not less than ten(10)years. This rate is not available for standby or emergency service. Nature of Service -The service is alternating current, 60 hertz, three phase. The primary voltage is determined by the Board of Water and Light(BWL). Monthlv Rate-Shall be computed in accordance with the following charges: Basic Service Charge $250.00 per delivery point per month Capacity Charge $8.00 per kW for all kW of On-Peak Billing Demand, plus $1.50 per kW for all kW of Maximum Demand Energy Charge Summer Billing Months of June through October $0.0300 per kWh for all kWh during the On-Peak Period,plus $0.0260 per kWh for all kWh during the Off-Peak Period, plus Winter Billing Months of November through May $0.0288 per kWh for all kWh during the On-Peak Period, plus $0.0260 per kWh for all kWh during the Off-Peak Period Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Enerev Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board's property, or its operation, or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billine Demand On-Peak Billing Demand: The On-Peak Billing Demand shall be the total kW supplied to all applicable delivery points during the 15-minute period of maximum use during the On-Peak Period during the month,but not less than 85%of the highest registered demand during the On-Peak Period in the preceding eleven(11) months,and not less than 25,000 kW. (See Multiple Delivery Point Aggregation.) Maximum Demand: The Maximum Demand for each delivery point shall be the kW supplied during the 15-minute period of maximum use during the month whether on-peak or off-peak,but not less than 60%of the highest registered demand in the preceding eleven(11) months, and not less than 1,000 kW. The total Maximum Demand for all applicable delivery points shall not be less than 25,000 kW. Adopted:November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan Original Sheet No. EB12-1 LARGE CAPACITY ELECTRIC SERVICE RATE NO. 8 Schedule of on-peak and off-peak periods-The On-Peak Period shall be from 10:00 a.m. until 6:00 p.m., Monday through Friday. All other hours shall comprise the Off-Peak Period. Multiple Delivery Point Aggregation -The 15-minute period demands of multiple delivery points of a customer shall be summed for determination of the total On-Peak Billing Demand under the following conditions: (a)the Maximum Demand determined at each delivery point must equal or exceed 1,000 kW; and (b)the total On-Peak Billing Demand shall not be less than 25,000 kW. Aggregation shall be applicable for determination of the On-Peak Billing Demand only. All other charges, including the Basic Service Charge and Maximum Demand, shall apply to each delivery point independently. Metering-When the BWL elects to measure the service on the secondary side of the transformers,the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation, consumption as registered by the different meter installations will not be combined for billing purposes, but will be billed and computed separately except as provided for Multiple Delivery Point Aggregation. Equipment Supplied by Customer-The customer shall be responsible for furnishing, installing and maintaining all necessary transforming, controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL, a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge - A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations- Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light, Lansing,Michigan 2nd Revised Sheet No.EB13 OUTDOOR LIGHTING SERVICE RATE NO. 9 Availabilitv-This rate is available to any customer located within the Board of Water and Light(BWL) service area for dusk to dawn lighting of customer's premises. All lights will be furnished and maintained by the BWL and will be installed so as to overhang private property from existing or new poles set at points accessible to B WL construction and maintenance equipment. This rate is not available for purposes of street, highway, or public thoroughfare lighting. Monthly Rate-Shall be computed in accordance with the following charges. Luminaries on Overhead Mast Arm on existing BWL poles High Pressure Sodium 100 W S 8.15 250 W $13.75 400 W $14.70 Mercury Vapor' 175 W S 8.55 400 W S 14.70 Floodlighting Luminaire on Bracket Arm on existing BWL poles High Pressure Sodium 100 W $11.65 250 W $14.60 400 W $17.10 In the event additional facilities or rearrangement of existing facilities is required, the BWL shall install, operate and maintain such facilities for the following monthly charges. Type of Facilities 35-toot wood poles including span of overhead secondary extension $ 4.75 per pole 37-foot concrete pole including span of overhead secondary extension $11.30 per pole Other facilities,hand set poles,or rearrangement of existing facilities 1.67% of est. cost Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board's property,or its operation,or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for EIectric Service incorporated herein by this reference. ' Rates apply to existing luminaires only and are not open to new business. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 2nd Revised Sheet No.EB14 OUTDOOR LIGHTING SERVICE RATE NO. 9 Service Contract-A written service agreement shall be entered into to take BWL service for a term of years determined as follows: (a) One year, if additional facilities are not required, or (b) Three years, if additional facilities are required (c) Five years, if monthly charges calculated at 1.67%of estimated cost, (d) Ten years, if special contractual arrangements are made. In the event the customer discontinues service before the end of the agreement term,the established rate for the remaining portion of the agreement shall immediately become due and payable. The BWL will replace lamps or make repairs when practicable after the customer has reported that the installation requires servicing. Such replacements and repairs will be made during regular working hours. The BWL may refuse or restrict the service provided in this rate to seasonal type customers and/or may require such customers to pay for the service annually in advance where the permanency of the customer is doubtful or has not been demonstrated by the customer. If relocation, including adjustment, of the outdoor protective light or relocation of other facilities used in connection with the light is desired by the customer during the term of the contract, the BWL will provide this service, if feasible, at the customer's expense. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light, Lansing, Michigan Original Sheet No. EB14-1 PROCESS HEATING ELECTRIC SERVICE RATE NO. 10 Availabilitv-This rate is available to any customer desiring primary voltage service under the following conditions: (a) the electrical requirements are supplied at one point of delivery through one metering installation(except as provided below for Multiple Delivery Point Aggregation); (b) the Maximum Demand is 1,000 kW or more; (c) heat derived from electricity is an integral part of the customer's manufacturing process; (c)such process heating equipment has a total connected load of 1,000 kW or more, and accounts for at least 50%of total kWh consumption; (e)all, or a portion of, the process heating load, not less than 1,000 kW, is curtailable;and(f)the customer agrees to a service contract with the BWL for the customer's full electrical service requirements, including provisions for load curtailment,for a period of not less than ten(10)years. This rate is not available for standby or emergency service. Nature of Service-The service is alternating current, 60 hertz, three phase. The primary voltage is determined by the Board of Water and Light(BWL). Monthlv Rate- Shall be computed in accordance with the following charges: Basic Service Charge $250.00 per customer per month Capacity Charge $50.00 per kW for all Curtailment Period Demand in excess of Firm Capacity Energy Charge $0.0740 per kWh for the first 100 hours use of Maximum Demand, plus $0.0350 per kWh for the excess kWh Reactive Power Charge $0.008 per kvarh in excess of 50%of total kWh The minimum charge shall be the sum of(a)the Basic Service Charge, (b)the amount of$2.00 times the Maximum Demand, and(c)the amount of$6.90 times the Firm Capacity. Minimum Bill -The minimum bill is the basic service charge included in the monthly rate. Energy Cost Ad iustment -This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Ad iustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board's property,or its operation, or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand Firm Capacity: is a specified capacity (in hundreds of kW)as set forth in the electric service agreement with the BWL sufficient to meet the customer's requirements for non-curtailable service at any time. Curtailment Period Demand: is the kW supplied during the 15-minute period of maximum use during any period of curtailment as defined by the electric service agreement with the BWL. Maximum Demand: is the kW supplied during the 15-minute period of maximum use during the month but not less than 60%of the highest Maximum Demand in the preceding eleven(11) months, and not less than 1,000 kW. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light, Lansing,Michigan Original Sheet No. EB 14-2 PROCESS HEATING ELECTRIC SERVICE RATE NO. 10 Multiple Delivery Point Aggregation -The 15 minute period demands of multiple delivery points of a customer may be summed for determination of the total Curtailment Period Demand under the following conditions: (a)the Maximum Demand at each delivery point must equal or exceed 100 kW; and(b)the total Maximum Demand shall not be less than 4,000 kW. Aggregation shall be applicable for determination of the Curtailment Period Demand and related charges only. All other charges, including the Basic Service Charge, shall apply to each delivery point independently. Metering-When the BWL elects to measure the service on the secondary side of the transformers,the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation, consumption as registered by the different meter installations will not be combined for billing purposes,but will be billed and computed separately except as provided for Multiple Delivery Point Aggregation. Equipment Supplied by Customer-The customer shall be responsible for furnishing, installing and maintaining all necessary transforming, controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL, a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations- Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light, Lansing,Michigan 1st Revised Sheet No.EB15 TRAFFIC LIGHT SERVICE RATE NO. 11 Availabilitv-This rate is available to any political subdivision or agency of the State of Michigan desiring unmetered secondary service for operating traffic lights installed on streets or highways for traffic control and guidance. Nature of Service -The service is alternating current, 60 hertz, single phase, 120/240 nominal volts Monthlv Rate-Shall be computed in accordance with the following charges. Basic Service Charge $1.50 per customer per month Energy Charge 5.0261 per watt of active load per month The actual labor, material, miscellaneous and indirect charges experienced maintaining and relamping traffic signals during the preceding month. Minimum Bill -The minimum bill is the basic service charge included in the monthly rate. Tax Ad iustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the Board's property,or its operation,or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Determination of Active Load -The active load of flasher lamps or cyclically operated traffic control lamps shall be 50%of total wattage of all lamps used during one complete cycle of operation. The active load of continuous, non-intermittent steady burning tamps shall be 100%of the total wattage of all lamps used. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Rules and Regulations -Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Liguc,Lansing,Michigan 2nd Revised Sheet No. EB16 SPACE CONDITIONING AND ELECTRIC WATER HEATING SERVICE RATE NO. 12 Availabilitv-This rate is available to any customer desiring service for commercial/industrial space conditioning an electric water heating furnished through a separate meter to which no other electrical device except electric space heating, electric air conditioning, humidity control equipment or electric water heating equipment may be connected. Electric space heating will be considered to include heating by light system provided the primary means of space heating at the time of maximum heating requirements will be furnished by the lighting system with the balance of the heating requirements furnished by supplementary electric heating equipment. This rate is not available to new applications for heat for light systems received after March 1, 1979. This rate is not applicable to the use of electricity for electric air conditioning unless the customer has permanently installed electric space heating equipment and uses it as the principal source of space heating, or to the use of electricity for occasional or seasonal substitute for another method of water heating. Nature of Service-The service is alternating current, 60 hertz, single phase at Board of Water and Light (BWL)available secondary voltage. Three phase service will be furnished at BWL option. Monthlv Rate- Shall be computed in accordance with the following charges. Basic Service Charge $7.50 per customer per month Energy Charge Summer Billing Months of June through October $0.0760 per kWh Winter Billing Months of November through May $0.0472 per kWh Minimum Bill -The minimum bill is the basic service charge included in the monthly rate. Enemy Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Ad iustment-Bill shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees, franchise fees, or any other charges against the BWL property, or its operation, or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delaved Pavment Char e-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 3rd Revised Sheet No.EB17 RESIDENTIAL ELECTRIC SERVICE, SENIOR CITIZEN RATE NO. 21 Availabilitv-This rate is available to any single family or multifamily dwelling of 4 units or less when the entire electric requirements are supplied at one point of delivery through the same meter. The customer must be 65 years of age and head of the household being served. Service to appurtenant buildings may be taken through the same meter. Service under this rate is not available to any single family or multifamily dwelling of 4 units or less unit when a portion of the residence or dwelling unit is used for commercial, industrial, or resale purposes unless the wiring is so arranged that service for residential and non-residential purposes are metered separately. Customers taking service under this rate shall provide evidence of age and contract with the Board of Water and Light(BWL) to remain on this rate for at least twelve(12) months. Nature of Service-The service is alternating current, 60 hertz, single phase, 120/240 nominal volts. Monthly Rate - Shall be computed in accordance with the following charges. Basic Service Charge $3.20 per customer per month Energy Charge $0.0389 per kWh for the first 300 kWh $0.0656 per kWh for the next 200 kWh 50.0880 per kWh for all over 500 kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Water Heating Discount-When an approved electric water heater is permanently installed, and there is no other method of water heating, the above rate for the first 300 kWh, shall apply to the first 450 kWh billed and the above rate for the next 200 kWh, shall apply to the next 250 kWh billed. Energy Cost Ad iustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the BWL property, or its operation, or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers-from being compelled to share such local increases. Delaved Payment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light, Lansing,Michigan 2nd Revised Sheet No. EB18 STREET LIGHTING SERVICE BOARD OWNED SYSTEMS RATE NO. 31 Availabilitv-Available to any political subdivision or agency of the State of Michigan for street lighting service for any system consisting of one or more luminaires where the BWL has an existing distribution system with secondary voltage available. Luminaires may be installed with no limitations as to spacing between luminaires. Where an overhead line extension is required to serve one or more luminaires, the BWL will furnish 350 linear feet of line extension per luminaire served from such extension. A special agreement will be required if more than 350 linear feet of line extension per luminaire is required. Nature of Service-The BWL will furnish, install, own,operate,and maintain all equipment comprising the street lighting system, and supply the unmetered energy. The BWL reserves the right to furnish service from either a series or multiple system or both. Annual Rate-The annual rate per luminaire with fixture and setting,payable in twelve(12) monthly installments, shall be as follows; High Pressure Sodium Luminaire 70 W $ 62.00 100 W $ 71.00 150 W $ 81.00 250 W $100.00 400 W $128.00 Mercury Vapor Luminaire' 100 W $ 67.00 175 W $ 79.00 250 W $ 93.00 400 W $120.00 1000 W $227.00 plus an additional annual charge, depending on type of installation, of: Wood Pole-Overhead Service None Wood Pole-Underground Service $ 73.00 Concrete Pole-Overhead Service $113.00 Concrete Pole-Underground Service $113.00 Post Top $ 73.00 Historic - Single Top $235.00 Large Historic-Dual Top $688.00 Small Historic-Dual Top $490.00 WalTunnel - 8760 hours $100.00 Wall/Tunnel-4200 hours $ 60.00 Bollard $233.00 ' Rates apply to existing luminaires only and are not open to new business except where the BWL elects, at the customer's request, to install additional luminaires within an area already served by a mercury vapor lighting system. Adopted:November 26, 1996 Effective: January 1, 1997 Board of Water and Light, Lansing,Michigan 2nd Revised Sheet No.EB19 STREET LIGHTING SERVICE BOARD OWNED SYSTEMS RATE NO. 31 Customer Contribution-The annual rates are based on fixtures normally stocked by the BWL, and installed utilizing normal construction techniques. The BWL may, at its option, upon customer request install a street lighting system not covered by the rates below. The customer, after installation, will be required to make a one time contribution equal to the difference between the actual installed cost and the BWL estimated installed cost of a standard installation. The annual unit charge for each luminaire will then be as stated below. Unit Replacement-The BWL may, at its option, upon customer request replace existing street light units. After installation,the customer shall make a one time contribution equal to the undepreciated value of the unit plus the cost of removal. Special Terms and Conditions-The BWL reserves the right to make special contractual arrangements as to termination charges, contributions in aid of construction, term or other special considerations when the customer requests service,equipment or facilities not normally provided under this rate. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees, or any other charges against the BWL property, or its operation,or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delayed Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted:November 26, 1996 Effective: January 1, 1997 Board of Water and Lignt, Lansing, Michigan 1st Revised Sheet No. EB20 This sheet has been canceled. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light, Lansing, Michigan 1st Revised Sheet No. EB21 This sheet has been canceled. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light, Lansing, Michigan 1st Revised Sheet No.EB22 This sheet has been canceled. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light,-Lansing,Michigan 2nd Revised Sheet No. EB23 STREET LIGHTING SERVICE CUSTOMER OWNED SYSTEMS RATE NO. 32 Availability-Available to any political subdivision or agency of the State of Michigan for street lighting service for any system consisting of one or more luminaires where the BWL has an existing distribution system available. Nature of Service-The BWL will connect the customer's equipment to BWL lines, furnish the control equipment, supply the unmetered energy, control the burning hours of the lamps, provide normal replacement of luminaire refractors, control devices and lamps. The customer will furnish, install and own all equipment comprising the street lighting system, including, but not limited to the overhead wires or underground cables between luminaires and the supply circuits extending to the point of attachment with the BWL . All maintenance and replacement of the customer's equipment except normal lamp and glass replacement shall be paid by the customer. The BWL reserves the right to furnish service from either a series or multiple system or both. Annual Rate-The annual rate per luminaire, payable in twelve(12) monthly installments, shall be as follows: High Pressure Sodium Luminaire 70 W $ 32.00 100 W $ 42.00 150 W $ 51.00 250 W $ 70.00 400 W $ 98.00 Mercury Vapor Luminaires 175 W $ 47.00 250 W $ 63.00 400 W $ 89.00 1000 W $197.00 Incandescent Luminaire2 2500 L $ 66.00 4000 L $105.00 6000 L $127.00 Maintenance Charge-The actual labor, material, miscellaneous and indirect charges experienced maintaining street light units during the preceding month. Combined Rates-The annual rate for units consisting of more than one luminaire shall be the appropriate combination of individual unit charges above. t Rates apply to existing luminaires only and are not open to new business except where the BWL elects, at the customer's request, to install additional luminaires within an area already served by a mercury vapor lighting system. Rates apply to existing luminaires only and are not open to new business. Adopted:November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 2nd ReNised Sheet No. EB24 STREET LIGHTING SERVICE CUSTOMER OWNED SYSTEMS RATE NO. 32 Special Terms and Conditions-The BWL reserves the right to make special contractual arrangements as to termination charges, contributions in aid of construction, term or other special considerations when the customer requests service, equipment or facilities not normally provided under this rate. Tax Adiustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees, franchise fees, or any other charges against the BWL property, or its operation, or the production and/or sale of electrical energy, to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delaved Pavment Charge-A delayed payment charge of 5%of the unpaid balance, excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing, Michigan 2nd Revised Sheet No. EB25 ECONOMIC DEVELOPMENT RIDER Purpose-The primary purpose of this rider is to enhance economic development in the Board of Water and Light(BWL)service area. It will be offered to customers when, in the utility's judgment, the availability of the rider is a major factor for the customer locating or expanding its operations and when the rider will result in a net benefit to the BWL and its customers. Availabilitv-This rider is available to industrial customers on Large General Electric Service Rate No. 4 or Primary Electric Service Rate No. 5 or Large Capacity Electric Service Rate No. 8. For purposes of this rider, an industrial customer is defined as any business that manufactures a product for sale or research and development. This would include usage for facilities directly associated with and on the same premises as the manufacturing business such as offices and warehouses. A customer desiring service under this rider must contract for such service on or before December 31, 2001. This rate will be available for a period of five years from the date of the contract. All provisions of this rider are the same as the principal service rate with the following exceptions: New Customer-A new customer is a new industrial customer taking service on or after January 1, 1991, where the new load results in 100 kW or more of billing demand. Existing Customer- An existing customer is an existing industrial customer who contracts for a bona fide increase in connected load resulting in an increase of 100 kW, or 10%of their historical billing demand, whichever is greater, or more of billing demand on or after January 1, 1991. Monthly Rate Capacity Charge: A percentage of the capacity charge included in the principal service rate, less credits,as follows: Contract Year 1 50% 2 60% 3 70% 4 80% 5 90% Contracted Historical Billing Demand - An existing customer's contracted historical billing demand will be the average of the three highest registered demands, including metering adjustments, during the twelve(12) month period prior to the contract or as established by mutual consent. The contracted historical billing demand shall be subject to the 60%provision during the contract period. The BWL reserves the right to establish a contracted historical billing demand for all customers with duplicate or replacement operations within the BWL service area. Billing Demand -For a new customer, the entire billing demand shall be subject to the capacity charge in this rider and shall never be less than 100 kW or subject to the 60%provision. For an existing customer, or a new customer with an established contracted historical billing demand, the contracted historical billing demand shall be billed at the capacity charge in the customer's principal service rate. Only the billing demand in excess of the contracted historical billing demand shall be billed at the capacity charge in this rider and shall not be subject to the 60%provision. Minimum Charge- A new customer shall have a minimum billing demand of 100 kW. A customer,with an established contracted historical billing demand, shall have a minimum billing demand equal to 60%of the contracted historical billing demand. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Lignt,Lansing,Michigan 1st Revised Sheet No. EB26 This sheet has been canceled. Adopted:November 26, 1996 Effective: January 1, 1997 Board of Water and Light.Lansing,Michigan 1st Revised Sheet No. EB27 ENERGY COST ADJUSTMENT The Energy Cost Adjustment permits the monthly adjustment of rates for the costs of energy incurred in supplying electricity to retail customers. All residential and general service rates are subject to the Energy Cost Adjustment. In applying the Energy Cost Adjustment the applicable rate per kWh shall be increased or decreased by the amount of the current Energy Cost Adjustment. The following definitions and procedures will be followed in calculating the monthly Energy Cost Adjustment. Definitions Energy Cost Adjustment-the amount per kWh by which the applicable rates shall be adjusted for billing in each month. Energy Costs-those costs incurred in supplying retail electricity. Such costs include fuel burned,energy costs associated with firm power purchases, net interchange power costs,and costs associated with other temporary power transactions. The cost of fuel burned shall include the delivered cost of fuel(base cost, escalations, premiums/penalties, transportation, demurrage), outside lab fees and other outside costs related to fuel procurement, and fuel additives such as freeze proofing. Over/Under Recovery-the difference between actual Energy Costs for prior months and the amount of energy cost recovered by means of the Base Cost of Energy and the Energy Cost Adjustment. The Over/Under Recovery shall be added to the Energy Costs for purposes of computing the Energy Cost Adjustment for each month. Base Cost of Energy-the average Energy Cost included in the energy rates of the various rate schedules. Such amount shall not be recovered by means of the Energy Cost Adjustment. The current Base Cost of Energy is$0.017921 per kWh sold. Procedures Estimated Energy Cost shall be projected for a twelve-month period. Any amount of Over/Under Recovery (positive or negative)shall be added to the Energy Cost to determine the total cost basis for the Energy Cost Adjustment. The total cost basis shall be divided by the projected total retail billed sales for the twelve-month period resulting in the average energy cost per kWh. The Base Cost of Energy shall be subtracted from the average energy cost to result in the Energy Cost Adjustment. The Energy Cost Adjustment shall be reviewed and_ as necessary, revised periodically in accordance with the provisions of this schedule,but not less frequently than every twelve months. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light, Lansing, Michigan 1st Revised Sheet No.EB28 SCHEDULED CURTAILMENT SERVICE RIDER Availability -This rider is available to customers on Primary Electric Service Rate No. 5. A customer desiring service under this rider must contract to curtail its demand upon notice by the Board of Water and Light(BWL) by approximately 1,000 kW or more. The amount of curtailable demand subject to this rider may be limited by the Commissioners in total and by customer. Conditions of Curtailment-The General Manager has authorization to negotiate with qualifying customers as to terms and conditions of this rider. Adopted: November 26, 1996 Effective: January 1, 1997 Board of Water and Light,Lansing,Michigan 3rd Revised Sheet No. EB29 LANSING CITY ENTERPRISE COMMUNITY REBATE Purpose-The primary purpose of this rebate is to encourage investment in the proposed Lansing City Enterprise Community. The Lansing City Enterprise Community is defined as the following 1990 census tracts: Numbers 2,3,5,7,8,12,13,14,15,19,20,21 and 65 or as determined by the City of Lansing. Availability-This rebate is available for a two year period from the date the Lansing City Enterprise Community is established. All provisions of this rebate are the same as the principal water, electric or steam service rate with the following exceptions: 1. This rebate is available only to customers installing a new water, electric, or steam service in the Lansing City Enterprise Community. 2. This rebate is available only to customers restarting an existing idle water, electric or steam service in the Lansing City Enterprise Community after a period of no consumption. 3. This rebate is not available to Electric Rate 4 or Electric Rate 5 customers who sign a contract for service under the Electric Economic Development Rider. Payment-Upon application by the customer and approval by the City of Lansing and the Board of Water and Light, the customer will be paid a rebate on the previous 12 month's utility(water, electric,steam)charges. The rebate is ten(10)percent of the total utility charges paid by the customer. Adopted: November 26, 1996 Effective: January 1, 1997 Page 112 �- MINUTES OF BOARD OF COMMISSIONERS' MEETING 7 ^. r. LANSING BOARD OF WATER AND LIGHT - I -r,iV Tuesday,September 24,1996 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman O'Leary. Present: Commissioners Christian, Graves,Lontz,O'Leary,Pratt,Royal, Strolle and Werbelow. Absent: None The Secretary declared a quorum present. The Invocation was delivered by Chairman O'Leary. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES BY COMMISSIONER CHRISTIAN— SECONDED BY COMMISSIONER STROLLE That minutes of regular session of August 27, 1996,be approved as filed. Adopted unanimously. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW,OR AT THE END OF THE MEETING. Sale of BWL Main Office Building and Associated Parking Lot: Nick Vlahakis, representing Paul Vlahakis of Commercial Acquisitions,L.L.C.,spoke on the Contract for the Purchase of Real Estate Between the Board of Water and Light(BWL)and Commercial Acquisitions, L.L.C. Mr. Vlahakis told the Board that negotiations with the BWL have been ongoing since the Board authorized the deal on July 30, 1996,subject to meeting certain conditions. He noted that two unresolved points in the negotiations exist at this juncture. The first issue is that the Board's Resolution 96-7-11, adopted July 30, 1996, provided that there would be the sum of one million dollars($1,000,000)in the form of a Letter of Credit issued in the name of the BWL The second issue is that the Contract would terminate if not closed by December 16, 1996. General Manager Pandy noted that negotiations with Mr. Vlahakis have stalled primarily due to conditions placed on the transaction pursuant to Board Resolution 96-7-11. He stated that it was his sense the Letter of Credit for one million dollars($1,000,000)was to assure the developer had sufficient capital to put into the transaction as equity,which would represent approximately 25 percent of the five million two hundred thousand dollars($5,200,000)purchase price. He also stated that there may have been Page 113 Board Minutes September 24, 1996 confusion in the way the resolution was worded. Further, the Board wanted to assure the one million dollars($1,000,000)would be available at closing date and would not have to be borrowed,thereby the total loan would be approximately four million dollars($4,000,000). The developers have indicated to Mr. Pandy that they are going to endeavor to remove as many or all contingencies by December 16, 1996. Mr. Vlahakis asked the Board to consider an amendment to Resolution 96-7-11 to waive the one million dollar($1,000,000)Letter of Credit and to extend the December 16, 1996,Contract termination date. He stated that Commercial Acquisitions would like the option of knowing that if they make substantial progress and have removed most of the contingencies,with one contingency remaining, they would indicate in writing what the remaining contingency is,what their plan is to eliminate it and what their schedule is to resolve it. Mr.Pandy suggested that if the Contract provides flexibility with regard to the termination date, it would permit the closing process to move forward without the possibility of requiring a second public hearing in the event the closing date needs to be extended. The Commissioners discussed the Letter of Credit condition imposed by Resolution 96-7-11. Commissioner Christian commented that the letter received from NBD Bank,addressed to Joseph Pandy, Jr.,dated August 6, 1996,acknowledging Vlahakis Company's financial ability to obtain financing in the $5 million range provided sufficient assurance that the developer's financial situation is sound. Following discussion, the Commissioners consented to waiving the Letter of Credit. The Commissioners discussed the December 16, 1996, Contract termination date imposed by Resolution 96-7-11. Nick Vlahakis stated that the due diligence has been completed,but until they have some assurance from the City that the purchase is being considered,the removal of all contingencies is difficult- He stated that the December 16 date does not appear to be a realistic date. Commissioner Werbelow noted that since one of the major contingencies is the City Council approval,the developer may or may not want to spend a lot of money on meeting the other contingencies without that ascnrance. He suggested including language in the Contract relative to a deadline date for obtaining City Council approval and another deadline for closing. Commissioner Pratt interjected that in a sense the Board did put a City Council deadline by virtue of the December 16, 1996 date. Following discussion, Commissioner Werbelow then suggested new language to the Contract leaving the option to extend the termination date beyond December 16, 1996, to the Board of Commissioners. This would eliminate the need for a subsequent public hearing. There appeared to be Board consensus on the suggested amendment With regard to the time frame,Mr.Pandy explained that the Board has to file with the City Clerk a signed copy of the Contract,the Council would then be on notice to schedule a public hearing approximately thirty(30)days later. If the Council approves it after the hearing,the Contract would take effect in six weeks. Following lengthy discussion,the Commissioners consented to the Contract for the Purchase of Real Estate Between Commercial Acquisitions,L.L.C. and the Board of Water and Light,as amended. The following recommendation was proposed: Board Minutes Page 114 September 24, 1996 BY COMMISSIONER WERBELOW— SECONDED BY COMMISSIONER CHRISTIAN RESOLUTION REGARDING CONTRACT FOR THE PURCHASE OF REAL ESTATE BETWEEN COMMERCIAL ACQUISITIONS, L.L.C. AND THE CITY OF LANSING BY ITS BOARD OF WATER AND LIGHT (96-9-6) RESOLVED,that the draft copy of the proposed Contract for the Purchase of Real Estate between Commercial Acquisitions,L.L.C. and the City of Lansing by its Board of Water and Light be approved, subject to the following amendment: Amend page 7, Item 9. Termination. This Agreement shall terminate at the end of business on December 16, 1996, PuFshaser-iaATifing. However if closing has not occurred by December 16, 1996, Purchaser shall make full disclosure of contingencies yet to be removed along with Purchaser's Estimate as to a closing date , AND THE SELLER'S BOARD OF COMMISSIONERS MAY EXTEND THE TERMINATION DATE. (Additions are shown by capital letters. Deletions are shown by Adopted unanimously. Commissioner Lontz suggested receiving bi-weekly or monthly progress reports from the developer to keep abreast of the status of negotiations. Mr. Vlahakis agreed to furnish this information in whatever frequency is preferred by the Board. Ottawa Street Station Redevelopment Project Update: Chuck Clark,Partner,Ottawa Park Associates,Developers(OPAD), introduced Oldsmobile Public Relations Director Gus Buenz. Mr. Clark reported that the Small Business Association of Michigan's Board of Directors has authorized their Facilities Committee to submit a binding letter of intent with contingencies to occupy space in the Ottawa Street Power Station. The Lansing City Club has also indicated their interest in leasing space at the Ottawa Station. Gus Buenz told the Board that he believes that all parties involved in negotiations to relocate Oldsmobile's Vision Center to the Ottawa Station are making good progress. General Motors(GM)Vice President for Corporate Affairs Bill Brooks will tour the Ottawa Station on October 8, 1996. Mr. Buenz reported that discussions on the project have been held with Mr.Brooks;the project has been outlined and the business case made and why it makes sense for General Motors to move forward with it. Mr. Brooks has indicated the project sounds very good and that he would like to know more about it when he meets with the negotiating team in Lansing on October 8. Mr. Buenz noted that if Mr. Brooks continues to think favorably about the project,he will assist Oldsmobile General Manager John Rock to sell the plan to GM's North American Operations(NAO) Strategy Board. Mr.Buenz further noted that part of the business case of the project relates to the eventual move of Oldsmobile's business offices from Lansing to the Renaissance Center(RenCen)in Detroit. Oldsmobile Division's intent is to continue to enhance the Oldsmobile reputation and image in the Lansing community. He stated that Lansing will always be Oldsmobile's home and the Vision Center will make great strides toward that goal. In closing,Mr. Buenz noted that this is one of the reasons for the automaker's involvement with the Oldsmobile Park and the R.E. Olds Museum,which is expected to be relocated to the Ottawa Station. Page 115 Board Minutes September 24, 1996 COMMUNICATIONS AND PETITIONS No communications received. COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on September 10, 1996,at 5:30 p.m. to receive staff reports on the following topics: 1. Electric Industry Restructuring 2. Electric Rates Present: Commissioners Christian,Hassler,Lontz,O'Leary,Pratt,Royal,and Strolle. Absent: Commissioner Evans(out of town on business) Electric Industry Restructuring. Electric System Control Director Bill Cook reported on electric industry restructuring. The purpose of his presentation was to: • Bring the Commissioners up to date on restructuring activities in Michigan. • Identify BWL response and strategies. • Identify complex potential Board policy issues Mr. Cook discussed electric restructuring activities in Michigan to date,BWL activities and strategies in dealing with deregulation, including lobbying efforts,long-term contracts,customer commitments,cost of service and rate strategy,cost control,as well as contingency planning. Also discussed were potential Board policy issues, including participation in a competitive environment,territorial protections vs. expansion flexibility, small customer protections,as well as stranded costs. Comments and input were received from the Commissioners concerning strategies and efforts to date. Electric Rate Chany-es. Treasurer/Controller Dana Tousley discussed the proposed electric rate increase. He presented a financial forecast,a market survey,the results of an electric cost of service study,and the results of an electric pricing study. After much discussion on the details of the impact on the various customer classes,the following resolution was presented: ELECrRIC RATE CHANGES TO BE THE SUB.IEcr OF A PUBLIC HEARING (96-9-1) RESOLVED,that the proposed electric rates listed below and detailed in the attached proposed rate schedules be made the subject of a public hearing prior to further consideration by the Board of Commissioners. Rate 1 - Residential Electric Service Rate 2- Residential All Electric Service Rate 3 - General Electric Service Rate 4- Large General Electric Service Rate 5 - Primary Electric Service Rate 7- Municipal Water Pumping Electric Service Rate 8- Large Capacity Electric Service Rate 9- Outdoor Lighting Service Board Minutes Page 116 September 24, 1996 Rate 10-Process Heating Electric Service Rate 11 -Traffic Light Service Rate 12-Space Conditioning and Water Heating Electric Service Rate 21 -Residential Electric Service, Senior Citizen Rate 31 -Street Lighting Service,Board Owned Systems Rate 32-Street Lighting Service, Customer Owned Systems Economic Development Rider Energy Cost Adjustment Scheduled Curtailment Rider The proposed rate change cancels existing Rate 6-General Primary Service. FURTHER RESOLVED,that a public hearing to solicit public input on this matter be set for Tuesday, November 12, 1996,at 5:30 p.m.,in the Board of Water and Light Office Building, 123 West Ottawa Street. Also,that the Corporate Secretary be directed to file with the City Clerk information regarding pending changes in the rate structures. There being no further business,the meeting was adjourned at 7:43 p.m. Respectfully submitted, Dave O'Leary,Chair Pro Tern COMMITTEE OF THE WHOLE BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER LONTZ That the Committee of the Whole Report, including Resolution 96-9-1,be approved as submitted Adopted unanimously. Commissioner Joseph Graves,Jr., commented that being a new member, he would like to be briefed further on the electric industry restructuring issue as outlined in the Committee of the Whole Report. General Manager Pandy responded that he would be happy to cover that topic with him during the scheduled BWL tour or anytime at Mr. Graves' convenience. FINANCE COMMITTEE REPORT The Finance Committee met on September 19, 1996,to review the results of the external audit of the financial statements of the Board of Water and Light(BWL)for the year ended June 30, 1996. Present were Commissioners Christian(Chair),Lontz,and Royal. Representatives from Deloitte&Touche,LLP presented information on their audit methodology and responded to procedural questions. The Committee received a financial analysis prepared by Treasurer/Controller Dana Tousley. Page 117 Board Minutes September 24, 1996 Resolution to Accept the Audit of the BWL Financial Statements for the Year Ended June 30, 1996 (96-9-4) WHEREAS,copies of 1996 audit reports for the Board of Water and Light and for the Plan for Employees'Pensions of the Board of Water and Light and a copy of the report on the system of internal control were filed with City of Lansing officials by Deloitte& Touche,LLP on September 16, 1996. WHEREAS,the audit report for the Board of Water and Light and the report on the system of internal control has been received and reviewed by the Finance Committee. The auditors found no significant items that warranted submission of a management letter. WHEREAS, the 1996 audit report for the Plan for Employees'Pensions has been received and reviewed by the Personnel Committee. RESOLVED,That the Corporate Secretary is hereby directed to file copies of both audit reports and the report on the system of internal control with the State Treasurer as required by law. Publishing a condensed copy of the Board of Water and Light audit report in The State Journal is not required by law. However,it may be done at the discretion of the General Manager. Respectfully submitted, Ernest Christian,Chair William Lontz Diane Royal FINANCE COMMITTEE BY COMMISSIONER CHRISTIAN— SECONDED BY COMMISSIONER ROYAL That the Finance Committee Report,including Resolution 96-9-4,be approved as submitted. Adopted unanimously, General Manager Pandy commented that the BWL had a very good financial year,one of the best in the 12 years since he has been with the BWL. Net income came in at$24.7 million;revenues were up 6.0% percent,mainly because of the suburban water sales, expenses declined 8.0%reflecting the success of the BWL's cost containment efforts, the BWL was able to return$6.2 million to the City of Lansing, which is a 6.5%increase over the last fiscal year. Mr.Pandy noted that the positive financial result was also due on the strength of the hot summer of 1995 when electric sales were up. He added that there are financial needs going forward such as the need for a rate review. Commissioner Christian commented that in reviewing the financial reports,all three utilities(electric, steam and water)show a profit or a positive return on revenue,and a nice return on revenue for the organization as a whole. Board Minutes Page 118 September 24, 1996 PERSONNEL COMMITTEE REPORT The Personnel Committee met on September 23, 1996,to review and discuss the following items: 1. Pension Fund Investments 2. Performance Appraisals for the Three Board-Appointed Staff Positions Present were Commissioners Pratt,O'Leary,and Strolle(Chair) Pension Plan Investment Review. Matters regarding the Employees' Pension Fund have been referred to the Pension Fund Trustees for action. Eckert Station's Long-Term Future. Jack Hill,Director of Electric Production,briefed the Committee on the impact of the Eckert Station Task Force Report and recommendations to be implemented. The task force was formed due to concern over Eckert Station's long-term future in light of the pending deregulation. The participation process and task force recommendations to be implemented were 'zed. Discussion was held on cost savings issues such as purchasing power at a lower cost than Eckert Station's present operating costs. The potential impact of this action on Eckert's workforce was discussed. Performance Appraisals. The Personnel Committee recommends the following resolution: Performance Appraisals for General Manager, Internal Auditor and Corporate Secretary (#96-9-5) WHEREAS,Performance evaluations and salary increases for the three positions reporting directly to the Board are administered according to the BWL Wage and Salary Plan for Non- Bargaining Unit Administrative employees;be it RESOLVED,That the General Manager, Internal Auditor and Corporate Secretary are hereby eligible to receive salary increases effective as of July 1, 1996, according to the Fiscal 1996 Performance Appraisal Procedure based on the Division's Compa-Ratio Allocation Chart and the Individual Percentage Allocation Chart;and RESOLVED FURTHER,That the ratings for the three positions reporting to the Board be confirmed as follows: General Manager Joseph Pandy,Jr. -Rating in the range of 5.0-6.0 Internal Auditor Kellie Willson -Rating in the range of 5.0-6.0 Corporate Secretary Mary Sova -Rating in the range of 5.0-6.0 Respectfully submitted, John Strolle, Chair Dave O'Leary Peter Pratt PERSONNEL COMMITTEE Page 119 Board Minutes September 24, 1996 BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER CHRISTIAN That the Personnel Committee Report, including Resolution 96-9-5,be approved as submitted. Adopted unanimously. General Manager Pandy advised the Board that the BWL has the opportunity to purchase 100 megawatts (MW)from Southern Electric International(SEI)as a"put" (the opportunity to put out energy to the BWL)on 28 days that SEI chooses during a year's period. That"put" has a price of$14.00 per megawatt-hour(MWH). To put it into perspective,Mr.Pandy stated that Eckert Station's cost is approximately$22.00 MWH. Consequently,this energy is about one-third cheaper than what the Eckert Station can be operated on with fuel and staffing. SEI is willing to pay the BWL a$15,000 premium to agree to the deal. He noted that this shows the dramatic impact of the changing marketplace;that competition is coming in very fiercely;and that it points to the need to make Eckert Station even more competitive. He noted that Director of Electric Production Jack Hill and Human Resources Director Linda Gardner are diligently working with the IBEW union on this issue. Discussion was held relative to the transmission of the power and the importance of flexibility in operating Eckert. GENERAL MANAGER'S RECOMMENDATIONS ELECTRIC PRODUCTION Rea No.96-9-2 That the Board retain the services of Commercial Testing&Engineering(CT&E)to conduct the annual mechanical coal sampling system critical inspection and bias tests at Eckert and Erickson Stations for a two(2)year period covering fiscal year's 1997 and 1998. The selection of CT&E is based on the following criteria: 1. CT&E has satisfactorily conducted the critical inspection and bias tests at Eckert and Erickson Stations in the past. 2. Their bid was the lowest received at$25,000 for the two(2)year period. The other companies participating and their respective bid pricing is as follows: McCoy &McCoy Laboratories,$36,440; Standard Laboratories, $70,000; and Katterhenry& Associates, Inc., $37,100. BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER CHRISTIAN That Resolution 96-9-2 (Electric Production)be approved. Adopted unanimously. Board Minutes Page 120 September 24, 1996 LEGAL Res. No.96-9-3 Purchase the following insurance coverage: From Voss Insurance Services,Inc.,representing the Continental Insurance Company, Primary Property Insurance at an annual premium of$211,000 for the one year period from September 30, 1996 to September 30, 1997. From Voss Insurance Services,Inc.,representing the St Paul Mercury Insurance Company, Excess Property Insurance at an annual premium of$105,000 for the one year period from September 30, 1996 to September 30, 1997. The expiring fire insurance company is the St.Paul Fire and Marine Insurance Company,which has decided not to insure coal fired generating plants as part of its book of business. The premium for the coverage for the last year was$315,984. Voss Insurance Services has negotiated identical coverage on a layered basis with the Continental Insurance Company,which is our current Boiler and Machinery insurer, and the St Paul Mercury Insurance Company,one of the St. Paul companies. The next scheduled bidding would be as originally scheduled for the 1998 policy period. The Continental Insurance Company limit would be$20 million and the St Paul Mercury limit would be approximately$730 million. As reported property values change,the limit and premium will be adjusted accordingly. BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER CHRISTIAN That Resolution 96-9-3 (Legal)be approved. Adopted unanimously. UNFINISHED BUSINESS No unfinished business. NEW BUSINESS No new business. RESOLUTIONS There were no resolutions. Pam 121 U=_4 M3-,UteS September 24, 1996 GENERAL MANAGER'S REMARKS The following informational items were presented to the Board: Former Commissioners Phillip Hassler and Dr. Eva Evans Saluted. General Manager Pandy recognized retiring Chairman Phillip Hassler who was in the audience. Mr.Pandy stated that Phil Hassler's departure from the Board of Commissioners represents a significant change for the Board. He has been a Board Commissioner for over 16 years,serving as the Chair for most of Mr.Pandy's tenure, and is the last of the Commissioners who was here when Mr. Pandy was hired. Mr.Pandy noted that in his 25 years of public service,he has never seen anyone give the kind of dedication,effort, intelligence and expertise to a Board position that Phil Hassler has given to the BWL. On behalf of the staff,Mr. Pandy stated that the BWL is going to miss his leadership,the community owes him a huge debt of thanks for what he has done for the BWL. General Manager Pandy commended Dr.Eva Evans also retiring from the Board with over ten years of service. Mr.Pandy stated that Dr.Evans also has been an exemplary Board Member,bringing a great deal of intelligence and expertise from a broad range issues to the Board. She will be missed as well. The Board, staff and audience stood and applauded Mr.Hassler and Dr.Evans on their service and accomplishments. Both Mr.Hassler and Dr.Evans will be saluted at a dinner to be held in their honor on October 29. Commissioners Joseph Graves,Jr. and Judson Werbelow Welcomed. General Manager Pandy welcomed new Commissioners Joseph Graves,Jr.and Judson Werbelow. New Board officers were also welcomed: Commissioner Dave O'Leary, Chair, Commissioner Diane Royal,Vice Chair,and Commissioner William Lontz,Chair Pro Tem. For the benefit of the new Commissioners,BWL staff members who were present in the audience introduced themselves. Conflict of Interest Disclosure. General Manager Pandy distributed a copy of his annual Conflict of Interest Disclosure statement,which is also to be filed with the City of Lansing. City of Lansine Ethics Ordinance Overview. Staff Attorney Larry Wilhite presented a summary presentation on his understanding of the Ethics Ordinance. He noted that a meeting with the City Attorney is scheduled to clarify certain concerns with regard to the BWL. In summary, the Ethics Ordinances accomplishes the following: 1. Establishes a complaint procedure 2. Defines prohibited transactions 3. Regulates participation in governmental decisions 4. Provides for financial disclosure by elected and appointed officials 5. Adopts a gift regulations 6. Requires lobbyist disclosure by City officers and employees 7. Provides for education concerning the chapter on Ethics 8. Provides Whistle-Blower protection. Mr. Wilhite highlighted some of the important definitions of the Ordinance. He pointed out that some of the definitions are so broad that clarification or amending certain language may be needed. Sections of the Ordinance summarized included: Prohibitions, Investigative Assistance, Statement of Financial Interest, and the Whistle-Blower Protection. Mr. Wilhite will report to the Board further once certain ambiguous definitions and provisions are clarified. Board Minutes Page 122 September 24, 1996 BWL Receives Environmental Stewardship Award. General Manager Pandy reported that the Gladys Olds Anderson Environmental Stewardship Award was given to the BWL in appreciation of the role played in the success of the Woldumar Nature Center and for the commitment to environmental education and stewardship. This award recognizes the BWL's efforts on Adopt A River. Communications Director John Strickler Receives Award for His Role in Adopt A River. Mr. Pandy recognized Communications Director John Strickler who received an individual award from the Nature Way Association Board of Directors for his leadership on Adopt A River. Susan McCormick and Clyde Dugan Honored at Michigan Section-AWWA. Mr.Pandy recognized Sue McCormick,Manager of Technical Support-Water Utility and Clyde Dugan,Director of Water Utility,for their recent accomplishments. Sue McCormick was elected the first female chair of the Michigan Section of the American Water Works Association(AWWA)at their recent conference in Kalamazoo. Clyde Dugan was awarded the Raymond J.Faust Public Service Award in recognition of his leadership in the water utility industry. This is the highest honor given annually to a water professional. BWL Supports Proiect Play Through Utility Bill Stuffer Effort. A letter of thanks was received from Project Play,dated September 16, 1996,for the BWL's willingness to mail Project Play materials in the August utility bills. By mid-September,over$4,000 has been raised and Project Play continues to receive over$100 per day through the BWL utility bill stuffer effort. Project Play funds neighborhood parks and school playgrounds. General Manager Expenses for Fiscal Year Disclosed to the Board. Mr. Pandy handed out a sheet outlining his expenses for the fiscal year ended June 30, 1996. He noted that total expenses were $9,056.87,broken down by credit card,Rotary Club,Country Club of Lansing,and Michigan Athletic Club. This amount is less than in past years. REMARKS BY COMMISSIONERS Ten Million Gallon Underground Reservoir Landscaping and Lighting Project Completed. Commissioner Lontz commented on the beautiful landscaping and lighting project over the 10 million gallon underground reservoir across from the Dye Water Conditioning Plant. He stated that this project has greatly improved the appearance of the area between Cedar and Larch Streets. He suggested showcasing this project on the BWL's PIPELINE. General Manager Pandy announced that the Committee of the Whole meeting will be held October 15 at the Dye Water Conditioning Plant,which will include a tour of the reservoir area. Dimondale Dam Project Update. Commissioner Lontz asked for an update on the Dimondale Dam Project discussed at the March 12, 1996,Committee of the Whole meeting. Corporate Planning Director Roger Ophaug reported that a meeting was held with residents from the Village of Dimondale. Another meeting is scheduled with Dimondale officials in October. At that time there may be some expression of interest to continue with negotiations to take over the dam. Discussion Relative to August 7, 1996 Storm Response. Commissioner Christian expressed concern with the September 18, 1996, memo to General Manager Pandy from Bill Cook,Director of Electric System Control,relative to the August 7 storm response. Commissioner Christian stated that clearly with the recent storm,the perception is that the BWL could have done a better job in restoring power. He asked what actions are to be taken to assure problems have been corrected and that the BWL is still one of the best utilities in the country. Page 123 Board Minutes September 24, 1996 General Manager Pandy responded that several steps have been taken. In the current CONNECTIONS newsletter,enclosed with the utility bills, the August 7 storm is described as one of the worst storms experienced in this area since the ice storm of 1985. The explanation includes an apology to customers for the inconvenience,adding that it is not business as usual. Mr.Pandy noted that there were problems with the phone system,which was in the process of being updated. Procedures and processes are being changed to more efficiently deal with storm response in the future. Consumer Services Director Terry Graham clarified the difference between the telephone system in the Customer Service Department and the emergency phone system used at the Brush Electric Operating Center(BESOC). Electric System Control Director Bill Cook remarked that BESOC's Auto-Attend emergency phone system is being revised to incorporate into the new telephone system's procedures. This includes a trouble management system which identifies outage problems in certain geographical areas serviced by the BWL. Electric Transmission&Distribution Director Dave Emmons discussed changes being made in his division with respect to storm response. He explained that after the magnitude of the storm is determined,by using spotters in the Line Department,decisions relative to the use of outside crews,particularly in the area of tree trimming,can be made quickly to expedite restoration. Emnlovees'Vision Statement and Peer Review. Commissioner Pratt remarked on comments included in the General Manager's cover memo to the Board,dated September 19, 1996, regarding the employees' vision statement and the peer review results. General Manager Pandy asked the Commissioners for their comments or endorsement of the BWL Vision Statement because a cross section of BWL employees worked very hard on the statement over a couple of months. This will set a new tone for the BWL in dealing with the competition in going forward. It sets particularly a new tone for the collective bargaining negotiations currently in process with the IBEW. It is critical to find win,win situations between the management and the union. It encourages productive efforts by working together for our customers. Commissioner Graves commented that he thought it was an excellent statement He noted that the process involved in developing the statement was very well done. BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER CHRISTIAN That the BWL Vision Statement be endorsed as written. Adopted unanimously. Commissioner Pratt commented on the draft documents,dated September 19, 1996,summarizing the internal peer review process. He asked for more information on what the review means. General Manager Pandy responded that the peer review process was sparked by the notion that the BWL was going to be evaluated by a consultant engaged by the City to scrutinize the operations of the BWL. Management felt that if there are things internally that could be improved, they should be examined through a peer review process. The peer review was conducted through a series of interviews with managers and directors who stepped across their divisional lines and critiqued what is going on with fresh eyes to look for ways to improve BWL operations. That process is ongoing; staff continues to discuss issues in staff meetings to try to come up with ways of improving on those processes found to be inefficient. Mr.Pandy noted that the peer review uncovered several areas of outstanding performance where departments are being run in innovative and successW ways. This process will be a foundation for ongoing improvements to be discussed in depth at the Board's strategic planning retreat on November 7. Board Minutes Page 124 September 24, 1996 Standine Committee Assignments. Chairman O'Leary announced the Fiscal Year 1996-97 Standing Committee assignments: Executive Committee Finance Committee Personnel Committee David O'Leary,Chair Ernest Christian,Chair John Strolle,Chair Diane Royal,Vice Chair William Lontz Joseph Graves,Jr. William Lontz,Chair Pro Tem Diane Royal David O'Leary Judson Werbelow Peter Pratt Alternates: Alternates: David O'Leary,John Strolle Ernest Christian,William Lontz Rescheduled Board Meeting in October. Chairman O'Leary announced that several Commissioners will be unable to attend the regular meeting of October 22,and asked if it is agreeable to reschedule the meeting to October 29. There being no objection,the regular meeting was rescheduled to Tuesday,October 29,at 5:30 p.m. New Commissioners Welcomed. On behalf of the Board, Chairman O'Leary welcomed new Commissioners Judson Werbelow and Joseph Graves,Jr. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. Former Board Commissioner Phil Hassler addressed the Board. The text of his statement follows: Mr. Chairman. 1 just want to say Thank you! Thank you to each of the Commissioners for all the time they have given to the community. Each of you have shared your expertise with the Board of Water and Light. Also,I want to welcome Mr. Graves and Mr. Werbelow. I also want to thank the staff for the cooperation they have given me over the past 16 years. In the July issue of PIPELINE, the article "The Reason for our Success,"I tried to address what I believe is the reason why the Board of Water and Light will always come out on top. The Greatest asset of any organization is its people and the quality and dedication of the Board of Water and Light's people are second to none. The key is that every single person makes a contribution from the Meter Reader to the Customer Service Representative, to the Lineman, to the Boiler Operator, to Mr. Pandy. Your efforts and talents have made this organization great, and it will continue to keep it on top. I'm sure of it! Two examples of this were evident tonight and discussed by Board members in the information provided in the General Manager's Board material: They were (1) the Vision Statement-it shows a tremendous amount of cooperation of the organization in development and(2) the Peer Review Process-by using all the resources that you have in the organization. Both of these efforts will make a good organization better by uncovering opportunities to improve. Page 125 Board Minutes September 24, 1996 Mr. Chairman, members of the Board of Commissioners and staff, thank you for the opportunity to serve the Board of Water and Light and this community. Chairman O'Leary commented that if everyone on this Board had their choice,Phil Hassler would still be sitting on this Board. Commissioner O'Leary added that he has served on many boards in his life,but he has never served with anyone who showed more dedication, interest and spent more time outside of the meetings than Phil Hassler. On behalf of the Board, Chairman O'Leary thanked Mr. Hassler for giving so much of his time to the BWL and this community and added that he will never be replaced. The Board, staff and audience stood to applaud Mr. Hassler. EXCUSED ABSENCES No absences ADJOURNMENT On motion of Commissioner Graves,the Board adjourned at 7:03 p.m. A :-, &�t, Mary E. S Stary Filed: September 27, 1996 Marilynn Slade, City Clerk Page 126 MINUTES OF BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT 0: ` r t il Tuesday,October 29, 1996 iU �I C��� The Board of Commissioners met in rescheduled regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman O'Leary, Present: Commissioners Christian, Graves,Lontz, O'Leary,Pratt,Royal, Strolle and Werbelow. Absent: None The Invocation was delivered by Chairman O'Leary. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER CHRISTIAN That minutes of regular session of September 24, 1996,be approved as filed. Adopted unanimously. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING. No persons spoke. COMMUNICATIONS AND PETITIONS No communications received. COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on October 15, 1996, at 5:30 p.m. to tour the Cedar Street Pumping Station facilities, the 10 Million Gallon Reservoir Area and to receive staff reports on the following items: 1. Safe Drinking Water Act 2. Special Counsel Selection 3. Economic Development(This item was postponed until the next Committee of the Whole meeting scheduled to be held November 12, 1996) Page 127 Board Minutes October 29, 1996 Present were Commissioners Christian, Graves,Lontz,O'Leary, Pratt,Royal, Strolle,and Werbelow. Tour of the 10 Million Gallon Reservoir and Pumping Station. The Commissioners, accompanied by Mayor Hollister and staff,were given a tour of the 10 Million Gallon Reservoir area to view the completed landscape project. A tour of the Cedar Street Pumping Station and the Water Conditioning Plant facilities followed. Special Counsel Selection. Staff Attorney Larry Wilhite presented an overview of the evaluation process undertaken to narrow the list for special counsel recommendations for legal services to the Board of Water and Light(BWL). Mr. Wilhite reported that special review criterion considered in the review process included: past service to the BWL,compatibility,fee structure,and reputation in specialty areas with the overriding component being the BWL's anticipated need for specialized legal services. The BWL has five basic areas of need under normal circumstances: Public Utility/Energy Law,Public Finance or Bonds,Environmental Law, Labor/Employment Law,and Municipal Law. BY THE COMIv1=E OF THE WHOLE: Selection of Special Counsel (Resolution 96-10-1) RESOLVED, That the General Manager be authorized to retain the following law firms as special counsel on an as-needed basis for a period of two years through December 31, 1998. These firms will be submitted to the City Attorney for recommendation to the City Council. Use of special counsel would be subject to the recommendation of Staff Counsel and the approval of the General Manager. • Varnum,Riddering • Dickinson Wright • Foster Swift • Willingham, Cote' • Canady Law Offices Due to conflict of interest,certain firms will be prohibited from providing services in the area of Public Utility/Energy law. i oI niissioner Jud Wei-below did not participate in the discussion and did not vote on the proposed resolution. Safe Drinking Water Act-1996 Re-Authorization. Sue McCormick, Manager of Water Technical Support, gave a presentation on the Safe Drinking Water Act(SDWA) 1996 Re-authorization. She reported on major changes of the Act that will have an effect on water systems in the United States: STANDARD SETTING PROCESS • The Environmental Protection Agency(EPA) must set known hazards as priority • Minimum of 5 new contaminants evaluated for regulation every 5 years • Large utilities will monitor for vulnerability Impacts: • Monitoring should be significantly reduced for regulated contaminants 0 Maximum 5 every 5 years vs. 25 every 3 years Board Minutes Page 128 October 29, 1996 • Monitoring Unregulated Contaminants • Maximum 20 every 5 years for public water suppliers serving more than 10,000 customers CONSUMER CONFIDENCE REPORTS • EPA to develop a regulation by 8/6/98 • Minimum Requirements: • Annual mailing to individual customers • The actual maximum contaminant level and MCL goal of each contaminant detected • Health concern statement for any violation of a regulated contaminant • Detects of unregulated contaminants where monitoring is required Impacts: • BWL intent is to be ahead of the compliance schedule for disclosure of water quality information iuvoivenient widi the Arnerlcau Water Works Association(A`NIN e"n)and IvEchlgan Department of Environmental Quality(MDEQ)to stay informed and positively impact the regulatory process SOURCE WATER PROTECTION • The EPA must publish guidance for state source water assessment programs • MDEQ has approved a wellhead protection program-must be extended to source waters • Public Water Suppliers(PWS)are eligible for monitoring relief after completion of the assessment in the source water delineated area Impact: • BWL is a partner in a regional wellhead protection program • Monitoring relief may be postponed until completion of the assessment • Program delays possible if communities want to apply for State Revolving Loan Funds (SRF)for project • MDEQ reorganization of Wellhead Program-unknown at this time CAPACITY DEVELOPMENT • EPA will develop guidance on capacity development • States must develop programs to assess the technical,financial and managerial capacity of public water supplies Impact: • Extends regulatory purview • May significantly increase the cost of running the state programs(fees) • May increase numbers of small systems deemed non-viable(market potential) STATE REVOLVING FUNDS • Creates a water SRF similar to wastewater • Allows State flexibility to intermingle funds(33%)and set priorities. • Take backs: • 20%if no capacity development program 0 20%if Operator Certification program does not meet EPA guidelines Page 129 Board Minutes October 29, 1996 • Uses and Set Asides • Program administration • Capacity development • Disadvantaged communities • Source water protection • EPA health effects research • 15%to systems serving over 10,000 There being no further business,the meeting adjourned at 8:00 p.m. Respectfully submitted, William Lontz, Chair Pro Tern COMMITTEE OF THE WHOLE BY COMMISSIONER LONTZ-- SECONDED BY CON IISSIONER CHRISTIAN That the Committee of the Whole Report, including Resolution 96-10-1,be approved as submitted. Adopted as follows: Ayes Christian, Graves,Lontz,O'Leary, Pratt,Royal,and Strolle-7 Nays: None Abstain:Werbelow Commissioner Werbelow did not participate in the discussion. GENERAL MANAGER'S RECOMMENDATIONS ADMINISTRATIVE Res. No. 96-10-2 It is recommended that the FY 1996/97 Planned Capital Projects Budget be increased in the amount of$200,000 to cover the cost of completing life extension work on the Cooling Tower at the Erickson Station. These repairs will extend the operating life of the Cooling Tower until approximately the year 2001,at which time a project will be submitted for a complete rebuild or replacement. An extensive inspection was completed on the Cooling Tower after damage to the hot water basins was noticed during the planned eighteen month outage in April. During the inspection it was determined that the tower had reached the point where extensive repairs would be needed to avoid the risk of collapse. The condition creates a potential safety hazard to operating personnel and a reliability risk for operation of the Erickson Station Generating Unit. The Cooling Tower has essentially reached the approximate end of its life. The requested life extension work will allow safe and economic operation of the cooling Tower until a rebuild or replacement project can be scheduled to coincide with an extended outage on the turbine. Board Minutes Page 130 October 29, 1996 BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER CHRISTIAN That Resolution 96-10-2 (Administrative)be approved. Adopted unanimously. COMMUNICATIONS Res. No. 96-10-3 Authorize Market Strategies, Inc., of Southfield,Michigan,to conduct a semi-annual customer attitude survey at a price not to exceed$22,000. The survey is used to determine the perception of residential customers toward the BWL and its services,and to measure customer satisfaction,loyalty,and all favorability,as well as the performance of communications and customer service activities. BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER ROYAL That Resolution 96-10-3 (Communications)be approved. Adopted unanimously. ELECTRIC PRODUCTION Res. No. 96-10-4 That the Board enter into a three year purchase order with Benetech,Inc., of Aurora,IL for Freeze Conditioning Chemical Commodity Supplier and Monitoring Services. The chemical commodities and monitoring services will be provided at the time coal is loaded into railcars for delivery to Eckert and Erickson stations and the Moores Park Steam Plant. The purchase order particulars are as follows: 1. The three year time frame will cover the winter seasons for FY 97,FY 98& FY 99. 2. The unit pricing for chemical commodities and monitoring services will remain firm for the entire three-year period. 3. The pricing for the chemical commodities and monitoring services is as follows: Page 131 Board Minutes October 29, 1996 Product# Price Freeze conditioning agent(Electric) BT-922 $ 0.68/gallon Freeze conditioning agent(Steam) BT-910 $ 1.66/gallon Railcar side release agent(Both) BT-945 $ 0.90/gallon Monitoring Services(Both) $14.00/hour By entering into this three-year purchase order with Benetech,Inc.,the BWL will be able to maintain its successful coal freeze conditioning treatment program while at the same time minimizing cost. Further,Benetech,Inc., has been BWL's supplier of freeze conditioning chemicals and monitoring services for the past four winter seasons during which time they have demonstrated their ability to meet the customer's needs while containing costs in a very volatile chemical market. This recommendation is based on a sole source bid. BY COMMISSIONER STROLLE— SECONDED BY COMMISSIONER ROYAL That Resolution 96-10-4(Electric Production)be approved. Adopted unanimously. LEGAL Res. No. 96-10-5 Purchase the following insurance coverage: From Lyman and Sheets Insurance Agency, representing the American Empire Surplus Lines Insurance Company,Umbrella Liability Insurance at an annual premium plus surplus lines tax of$79,000 for the one year period from September 30, 1996 to September 30, 1997. The Lyman and Sheets Insurance Agency provided,through the Gulf Insurance Company,the first layer of Umbrella Liability Insurance at an annual premium of $75,000 for the one year period from 9/30/95 to 9/30/96. The renewal policy with this company would have excluded EMF related liability claims and would not be acceptable. The limit of liability for this layer is$5 million. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER ROYAL That Resolution 96-10-4(Legal)be approved. Adopted unanimously. Board Minutes Page 132 October 29, 1996 PENSION Res. No. 96-10-6 That Jeffrey E. Lugo, Clerk B in Customer Service,be placed on a disability pension of $660.00 per month effective December 8, 1995. He has selected Option I with Workers' Compensation Offset with the provision that after his death, said amount of pension shall continue to his wife,Linda M.Lugo,if she survives him, as provided under Option I. Mr. Lugo has worked for the BWL for 17.57 years and is 39 years of age. Res. No. 96-10-7 That Scott A. Bischoff,Equipment Mechanic Helper in Fleet Services,be placed on a disability pension of$454.26 per month effective September 10, 1996. He has selected a straight disability pension with Workers'Compensation Offset Mr. Bischoff has worked for the BWL for 11 years and is 37 years of age. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER CHRISTIAN That Resolutions 96-10-6 and 96-10-7 (Pension)be approved. Adopted unanimously. UNFINISHED BUSINESS No unfinished business. NEW BUSINESS No new business. Page 133 Board Minutes October 29, 1996 RESOLUTIONS LANSING BOARD OF WATER AND LIGHT RESOLUTION HONORING PHILLIP E.HASSLER (#96-10-8) WHEREAS,In recognition of his outstanding service to the Board of Water and Light, it is with great respect that the members of this Board join in offering highest tribute to Phillip E.Hassler as he completes his tenure as a Commissioner with over sixteen(16)years of service. Beginning with his appointment to the Board on July 1, 1980,Phil Hassler has served with consistent professionalism and integrity and has proven to be a leader within this community. He held the offices of Vice Chair in 1984 and 1985,and was elected Chairman of the Board in July 1986,an office he held for the remainder of his tenure. He also served on the Executive,Finance and Search Committees;and WHEREAS,Phil Hassler was born in Lansing and began his working career in 1952 as a meter reader for the Board of Water and Light(BWL). During his ten-year career with the BWL,there was a two-year leave of absence to fulfill his military obligation and he also received his education at Michigan State University,earning a bachelor's and master's degrees. Following his employment at the BWL,he went to work for General Motors in 1962,a company at which he is still employed,and followed a steady progression of promotions within the company's financial structure;and WHEREAS,Phil Hassler's 34-year career with General Motors,in directing financial reporting and analysis,brought to the BWL expertise in the technical financial aspects of industry, together with an understanding of the local economy and an excellent knowledge of economic incentive issues that maintain and attract business in Lansing; and WHEREAS,It is most apparent that Phil Hassler sincerely cares about the employees and the ratepayers who are served by the BWL. His leadership guided the Board's mission of providing lower utility rates with high levels of reliability. Among significant BWL events during his service were: the Belle River purchase(1982), selection of the current General Manager(1984), centennial anniversary of the BWL(1985), Strategic Planning(1986), Share the Success employee improvement incentive program (1987), installation of a new Customer Information System combining electric, water and sewer bills on a single monthly statement(1990),Belle River power entering the system(1991), the attempted sale of the BWL(1992),the first ever early retirement and voluntary separation program(1994), innovative mini- bond financing for facilities(1989 and 1994),water regionalization(1995), and efforts to redevelop the Oitawa'rower Plant(1996). NOW, THEREFORE, BE IT RESOLVED, That the highest tribute be hereby accorded to Phillip E.Hassler as he brings to a close his tenure as a Board Commissioner. In regular session this 29th day of October 1996, may he know of the respect and admiration that are held for him by this Board,the employees of this utility and the people of this community for his total commitment and dedication. We wish Phil and his lovely wife,Helen,the very best and well deserved happiness and fulfillment. Adopted unanimously. Board Minutes Page 134 October 29, 1996 LANSING BOARD OF WATER AND LIGHT RESOLUTION HONORING DR EVA L.EVANS (#96-10-9) WHEREAS, It is with pleasure and a privilege that the members of the Board of Commissioners honor Dr. Eva L. Evans as she brings to a close an outstanding tenure of public service to the Board of Water and Light and the people of this city as she completes over ten(10)years of dedicated service; and WHEREAS, This distinguished community leader was appointed to the Board on February 25, 1986. She was elected Vice Chair in July 1994 and served in that capacity for two years. While she served on the Board and as a member of the Executive,Finance and Personnel Committees,she played a pivotal role in the success of the Board of Water and Light by sharing her expertise from a broad range of issues just as she has done in numerous local, state,and national boards. She has brought to this Board an insight into the concerns and needs of this community;and WHEREAS,?fir. Eva L.Evans began her higher education at Easter:Michigan University and Wayne State University and finished with a Ph.D. in Administration and Higher Education,English from Michigan State University. She is known nationally for her commitment to education and her dedication to public service. She recently retired as the deputy superintendent for the Lansing School District and continues to make educational opportunities a reality for all young people. This community leader has been eloquent and effective both locally and nationally in providing a voice for excellence in education, quality of life in the community,civil rights issues and community-owned public power systems. She currently serves as the International President of Alpha Kappa Alpha,the world's oldest African- American sorority, a 130,000-member association; and WHEREAS, We are sincerely grateful for Dr.Evans' outstanding vision,leadership and intelligence. The people of the Lansing community and the employees of the Board of Water and Light have benefited from her long hours and hard work on this Board. A woman of great dignity,she may never know how many lives she has touched;but there are many who know her value. Among significant BWL events during her tenure on the Board were: Strategic Planning(1986), Share the Success employee improvement incentive program(1987), installation of a new Customer Information System combining electric,water and sewer bills on a single monthly statement(1990),Belle River power entering the system(1991),the attempted sale of the BWL(1992), the first ever early retirement and voluntary separation program(1994),innovative mini-bond financing for facilities(1989 and 1994),water regionalization(1995),and efforts to redevelop the Ottawa Power Plant(1996). NOW, THEREFORE,BE IT RESOLVED,That the highest tribute be hereby accorded to Dr.Eva L. Evans for all that she has contributed as a member of this Board. On this 29th day of October, 1996, we are proud to join her many Board of Water and Light mends and admirers in extending gratitude for a distinguished term of public service. We will all miss her and wish her success in all of her future challenges. Adopted unanimously. GENERAL MANAGER'S REMARKS Main Office Building Sale Update: General Manager Pandy reported that a number of documents have been provided to Paul Vlahakis of Commercial Acquisitions L.L.C.,as part of due diligence and the full disclosure process by the Board of Water and Light(BWL)relative to the main office building sale. The public hearing on the purchase of the BWL Main Office Building has been set for November 4, 1996. After a public hearing, the City Council usually refers the matter to a committee for its recommendation. Page 135 Board Minutes October 29, 1996 Dimondale Property Update. Mr.Pandy reported that the Dimondale Village Council has communicated their interest in exploring the possibilities related to acquisition of BWL properties near the Dimondale dam. The Village Council is requesting that the Board refrain from entering into any negotiations with other offers of purchase until it has had adequate time to develop and consider a plan for the disposition of the dam and other parcels. Sale Proceeds of BWL Property Sales. Mr.Pandy reported that when the BWL sold surplus property at 6551 S.Pennsylvania Avenue to Aldi,Inc.in 1994,the City of Lansing approved the property sale,but there was never an agreement as to the disposition of the proceeds of the sale. The City has proposed utilizing some of that money for a Central Area Comprehensive Master Plan(for the downtown)and a Geographic Information System(GIS). The proposal has been referred to the Council's Committee on Ways and Means for further discussion and a recommendation for Council action. The funds are being held in an interest-bearing escrow account,under Treasurer/Controller Dana Tousley's control,for distribution as shall be determined by the City and BWL. The Board engaged in lengthy discussion relative to setting a prxpss for the use of proceeds from property that the City of Lansing conveyed to the BWL for one dollar(S 1.00). The Board agreed with the concept of utilizing these funds for economic development purposes to be jointly administered by the Mayor and the General Manager. Mr.Pandy was directed to discuss this matter further with the Mayor and City Council for clarification and consensus on the disbursement of funds. Once a consensus is reached with the City,Mr. Pandy is to bring a resolution to the Board proposing guidelines to administer the proceeds from similar property sales,setting his spending authority as outlined in the BWL Purchasing Policy. APPA Publication on the Value of a Public Power System. Mr.Pandy called attention to a booklet published by the American Public Power Association, 1996, entitled, THE VALUE oFA PUBLIC POWER DIs7RIBunoNS'Ys7nw INCREASING, NoTDECREAswG. Copies of this publication are being distributed to City of Lansing officials as an information piece on competition. Some East Lansing Areas Interested in Chanting from CPCo to BWL Electric Service. Mr.Pandy reported that he was contacted by the City Manager of East Lansing to discuss rate concerns expressed by residents from a couple of areas in East Lansing served by Consumers Power Co. (CPCo). Residents in the flower pot neighborhood of East Lansing and also property along Lake Lansing Road in the vicinity of Coolidge Road served by CPCo are unhappy with their rates and would like to switch over to BWL service.He informed them of current prohibitions in law against taking customers from another utility company. Mr.Pandy noted that East Lansing officials initiated this discussion. Following Mr.Pandy's report,the Commissioners suggested that it would be more appropriate for East Lansing to formally communicate to both CPCo and the BWL to cooperatively consider their request. BWL Float Takes First place irf It-iver f s±'s Electric Float parade. Mr.Pandy reported.that the BWL's entry in the Riverfest Electric Float Parade competition won two awards:The Admiral's Award for the best float in the event and the Minnow Award,judged on the basis of"lame,cool and way cool." The Minnow Award represents the float was"way cool." Anne Stump and Barb Reynolds from the Community Events Committee were on hand to receive the awards. Mr. Pandy noted that the BWL's Construction Services Department(CSD)was instrumental in the float building effort. He congratulated John Lipkowitz, CSD Manager;Don Taylor,CSD Supervisor, and Fritz Domres of Environmental Services for their excellent work. Commissioners Sign Vision Statement. Mr.Pandy reminded the Commissioners to sign the Vision Statement,which will be rolled out to the employees on October 30. Steam Contract Negotiations with General Motors. Mr. Pandy reported that there have been numerous discussions with General Motors(GM)on the steam contract.. Negotiations are closer to reaching agreement. Board Minutes Page 136 October 29, 1996 Ottawa Station Power Plant Redevelopment Update. Mr. Pandy reported that discussions are continuing with John Rock, General Manager of Oldsmobile,and who is retiring shortly. His staff is continuing to press to reschedule a new date for GM's Vice President for Corporate Affairs Bill Brooks to tour the Ottawa Station. A prior scheduled date of October 8 was canceled due to GM and UAW contract negotiation matters. Mr. Rock and Ottawa Park Associate,Developers(OPAD)continue to remain optimistic. REMARKS BY COMMISSIONERS Water Extension Proposal in Village of Dimondale. Commissioner Lontz inquired on the reasoning behind the defeat of the BWL water extension proposal in the Village of Dimondale. Mr. Pandy responded that the Village of Dimondale made a decision that the up front cost to extend water mains into the Village would have to be borne by the property owners on the basis of their front footage. The Village Council decided to collect the cost up front from the property owners, rather than amortizing it,which appears to be the reason for the defeat. Leased Private Trainset Generates Savings. Commissioner Strolle praised the successful results in savings derived from the leased railcars for coal delivery to Erickson Station. It was noted that the savings from the leased private trainset are now projected to be greater than earlier projected in excess of $160,000 per year. Erickson Boiler Experiences Tube Leak. General Manager Pandy saluted Electric Production Director Jack Hill and employees in Production Maintenance and Erickson Station for their quick and efficient work in repairing the boiler which recently failed on October 25 as the result of a tube leak.. He noted that within days, a section of the economizer also failed. An investigation showed that part of the economizer had eroded by 25 years of flyash and soot passing over it. Mr.Pandy indicated that the economizer will eventually need to be replaced in the near future. Public Power Week Celebration. Commissioner Pratt asked for a recap of Public Power Week. Public Information Director John Strickler reported that open houses were held at Erickson Station,the Brush Electric System Operations Center(BESOC),and a series of four open houses on the evenings of October 21-24 were held at various community centers from the various wards. Mr. Strickler commented that this was one of the most successful Public Power celebrations held by the BWL. It was a very positive experience for both the customers and BWL employees who participated in the open houses. Mr. Strickler gave credit to Public Information Analyst Nancy Tarras who organized most of the open house activities. Great support was also received from all three utilities,including Consumer Services,Environmental Engineering,Human Resources, and employees participating in the Community Events Committee. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. No persons spoke. Page 137 Board Minutes October 29, 1996 EXCUSED ABSENCES No absences ADJOURNMENT On motion of Commissioner Graves,the Board adjourned at 6:10 p.m. Mary .. va, Secretary Filed.• November 4, 1996 Marilynn Slade, City Clerk Page 138 MINUTES OF BOARD OF COMMISSIONERS'MEETING LANSING BOARD OF WATER AND LIGHT _ Tuesday,November 26, 1996 The Board of Commissioners met in regular session at 5:30 p.m., in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman O'Leary. Present: Commissioners Graves,Lontz,O'Leary,Pratt,Royal, Strolle and Werbelow-7 Absent: Commissioner Christian(out of town)-1 The Secretary declared a quorum present. The Invocation was delivered by Chairman O'Leary. The Pledge of Allegiance was said by all. APPROVAL OF MINUTES BY COMMISSIONER STROLLE- SECONDED BY COMMISSIONER PRATT That minutes of rescheduled regular session of October 29, 1996,be approved as filed. Adopted unanimously. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW,OR AT THE END OF THE MEETING. Jim Harken, 315 Bingham Lansing, spoke on the House Service project instituted by the BWL at Eckert Station. He described the purpose of the project and indicated that he does not believe the project was installed in the most reliable manner,. claiming it had no payback and no value. Max Zemer, 527 Edison,Lansing,Business Manager of IBEW(International Brotherhood of Electrical Workers) Local 352 spoke to the era that the BWL is entering into with labor/management relations. He noted that the BWL's new Vision Statement,a partnership which is part of the contract,and a Living Agreement will go a long way to address the upcoming changes from deregulation. This partnership will become the driving process that enables the BWL to continue to change and stay competitive and better serve the public. He urged the Board's approval of the union contract(Resolution 96-11-8-Personnel Committee Report). Page 139 Board Minutes November 26, 1996 COMMUNICATIONS AND PETITIONS A letter of thanks from former BWL Commissioner Eva Evans for the BWL dinner given in her honor. Received and placed on file. A letter from Michael Gillenkirk, 1321 Jerome Street,Lansing,regarding his opposition to the proposed electric rate increase and increasing taxes in the City of Lansing. Received and placed on file. COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on November 12, 1996, to discuss economic development issues and related matters. Present were Commissioners Christian,Graves,Lontz,Pratt,Royal, Strolle,O'Leary and Werbelow. Economic Development. Mark Taylor,Manager of Electric Customer Projects&Marketing,reviewed an action plan to encourage economic development within the Board of Water and Light service territory,which includes: 1. Retention and customer satisfaction 2. Load growth and redevelopment 3. Communication of the economic development agenda Following discussion,there was consensus among the Commissioners with the strategies presented. The Committee of the Whole recommends approval of the following resolution: Economic Development Policy (Resolution 96-11-1) It is the policy of the Board of Water and Light to support and participate in the economic development of the Greater Lansing area by providing utility infrastructure,available surplus properties,and targeted rates and services,when the development activity includes the following: • Contributes to the vitality of the Greater Lansing area, • Projects a sound business case for the Board of Water and Light and its customers,and • Retains, grows, or diversifies the Board of Water and Light customer base. Steam Supply Contract. Joette Woodard-Yauk,Director of Steam Utility,presented an overview of the final draft of the steam supply contract with General Motors' Small Car Group(SCG), subject to legal review. Respectfully submitted, William D.Lontz, Chair Pro Tern COMMITTEE OF THE WHOLE Board Minutes Page 140 November 26, 1996 BY COMMISSIONER ROYAL-- SECONDED BY COMMISSIONER STROLLE That the Committee of the Whole Report including Resolution 96-11-1,be approved as submitted. Adopted unanimously. PERSONNEL COMMITTEE REPORT The Personnel Committee met on November 25, 1996,to review the tentative IBEW Local 352 Labor Agreement. Committee Members Present: Commissioners Strolle(Chair)and Christian, alternate. Commissioner Werbelow was also present. Committee Members Excused: Commissioners Graves,O'Leary and Pratt. Human Resources Director Linda Gardner reported on the negotiated labor agreement between the BWL and the IBEW Local 352. She presented a summary on the major issues resolved along with a cost benefit analysis relative to total compensation. IBEW Business Agent,Max Zemer,was present and commented on the positive aspects of the new Mutual Grains Bargaining experience. Following discussion,the committee concurred with the negotiated agreement. The Personnel Committee recommends that the following resolution be approved: Approval of Union Contract (Resolution 96-11-8) WHEREAS,On September 26, 1996,the Board of Water and Light(BWL)and International Brotherhood of Electrical Workers(IBEW)Local 352 began a new era of union contract negotiations. Instead of using traditional "confrontational"or"demand"bargaining,the BWL used a method called Mutual Gains Bargaining; and WHEREAS,With Mutual Gains Bargaining,both sides independently identified"core" issues that they would like resolved. Both sides then worked together to identify and choose a solution that resolves each issue in a way that both sides can live with;and WHEREAS,the Mutual Gains Bargaining team used the new Vision Statement as a driving influence in their decision making;and WHEREAS,The BWL and IBEW Local 352 recognize the critical and ongoing need to improve customer service and reduce cost. As part of this labor agreement,the BWL and IBEW Local 352 are committed to a partnership; working together to improve the BWL's ability to compete in a rapidly changing marketplace. WHEREAS,The proposed agreement is within the parameters established by the BWL and within budget limitations. NOW,THEREFORE,BE IT RESOLVED That subject to IBEW Local 352 member ratification, scheduled for the week of December 9, 1996,the three-year agreement reached between Management and the Union Negotiating Committee retroactive to November 1, 1996,unless otherwise designated in the agreement, is hereby approved. The labor agreement is to expire at Midnight,October 31, 1999. Page 141 Board Minutes November 26, 1996 FURTHER RESOLVED That subject to legal review, the revised Pension Plan is hereby approved retroactive to July 1, 1996 and is to expire at Midnight, June 30, 2002. FURTHER RESOLVED That the Chairman and Secretary be authorized to sign the labor agreement incorporating the settlement changes. An executive summary of major issues resolved is attached(see attachments at the end of the minutes. Appendices: A:Summary of Tentative Contract Settlement,B:Settlement Cost, and C:Pension Settlement Issues). Respectfully submitted, John Strolle, Chair PERSONNEL COMMITTEE BY COMMISSIONER ROYAL-- SECONDED BY COMMISSIONER PRATT That the Personnel Committee Report, including Resolution 96-11-8,be approved as submitted. Adopted unanimously. GENERAL MANAGER'S RECOMMENDATIONS CONSUMER SERVICES Res.No.96-11-2 Authorize Check Express-Frandor,405 N. Clippert,Lansing,as a paystation,upon completion of the usual paystation agreements and bonds. The previous paystation in this area was State Employees Credit Union,located one block east. They served an average of 360 customers and collected approximately$17,000 per month. Re- establishing a paystation in this area will show our commitment to maintaining service levels in the community. ------------- Rea No. 96-11-3 Authorize Goff Food Stores,with the following four locations,as paystations,upon completion of the usual paystation agreements and bonds: 1. 1671 Haslett Road,Haslett 2. 6075 N.Hagadom Rd.,East Lansing 3. 2380 N. Cedar Street,Holt 4. 1619 W. Grand River, Okemos The four Goff locations average 45,000 customers per month. The BWL customers that shop at these Goff locations have expressed a desire for paystations. The termination of the State Employees Credit Union and the MSU Credit Union as paystations had served an average of 2000 customers and collected approximately$100,000 monthly,leaving a significant void. The addition of these Goff Stores as paystations will re-establish this convenience to our customers. Board Minutes Page 142 November 26, 1996 BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER ROYAL That Resolutions 96-11-2 and 96-11-3 be approved Adopted unanimously. LEGAL Rea No. 96-11-4 Purchase the following insurance coverage: From Voss Insurance Services, Inc.,representing the Continental Casualty Insurance Company,Boiler and Machinery Insurance at an annual premium of$94,100 for the one year period from September 30, 1996 to September 30, 1997. The Voss Insurance Services,Inc. represented the Continental Insurance Company for Boiler and Machinery Insurance at an annual premium of$94,100 for the one year period from September 30, 1995 to September 30, 1996. During the past year, Continental Insurance Company merged with the CNA Insurance Companies and is no longer used by the CNA Insurance Companies for this coverage. Continental Casualty Insurance Company is one of the CNA Insurance Companies. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER PRATT That Resolution 96-11-4 be approved. Adopted unanimously. PENSION Rea No. 96-11-5 That Howard L.Liberty be placed on an early reduced,vested pension of$438.66 per month effective December 1, 1996. Mr.Liberty's option is for a straight pension. Mr. Liberty worked for the BWL from March 16, 1970 to September 26, 1986,for a total of 16.53 years. He will be 55 years of age at his retirement. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER PRATT That Resolution 96-11-5 be approved. Adopted unanimously. Page 143 Board Minutes November 26, 1996 TECHNICAL SERVICES Res. No. 96-11-6 It is recommended that the Board enter into a three year contract with Brooks Fiber Communications of Grand Rapids,Michigan,for the Centrex Telephone Service at the Board of Water and Light facilities. Based on the present number and type of telephone stations,the Basic Service Contract amount is: First Year $84,342.33 Second Year 111,394.91 Third Year 121,521.71 The contract with Ameritech for the Centrex Telephone Service expired September 22, 1996. Ameritech offered a three year extension at the rate of$164,317.56 per year. We requested information from A T&T on local service,but they did not respond. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER WERBELOW That Resolution 96-11-6 be approved. Adopted unanimously. Res. No. 96-11-7 Be It Resolved,that the following electric rate schedules(attached-Exhibit 1)be adopted and applied to all electricity used or services rendered on or after January 1, 1997. These rate schedules were the subject of a Public Hearing on November 12, 1996. (Note: Rate Schedules are attached at the end of the minutes, after page 149) Rate 1 Residential Electric Service(Sheet No.EB 1) Rate 2 Residential All-Electric Service(Sheet No.EB3) Rate 3 General Electric Service(Sheet No. EB5) Rate 4 Large General Electric Service(Sheet Nos. EB7&EB8) Rate 5 Primary Electric Service(Sheet Nos. EB9&EB 10) Rate 7 Municipal Water Pumping Electric Service(Sheet No. EB 11) Rate 8 Large Capacity Electric Service(Sheet Nos. EB12&EB12-1) Rate 9 Outdoor Lighting Service(Sheet Nos. EB 13 &EB 14) Rate 10 Process Heating Electric Service(Sheet Nos. EB14-1 &EB14-2) Rate 11 Traffic Light Service(Sheet No.EB15) Rate 12 Space Conditioning and Electric Water Heating Service(Sheet No.EB16) Rate 21 Residential Electric Service-Senior Citizen(Sheet No.EB17) Rate 31 Street Lighting Service-Board Owned(Sheet Nos.EB18&EB19) Board Minutes Page 144 November 26, 1996 Rate 32 Street Lighting Service-Customer Owned(Sheet Nos. EB23 &EB24) Economic Development Rider(Sheet No. E1325) Energy Cost Adjustment(Sheet No. EB27) Scheduled Curtailment Service Rider(Sheet No. EB28) Lansing City Enterprise Community Rebate(Sheet No. EB29) Be It Further Resolved, that the following electric rate schedules now in effect be rescinded for billing purposes for any electricity used or service rendered on or after January 1, 1997. Effective Date Rate 1 Residential Electric Service 10-15-94 Rate 2 Residential All-Electric Service 10-15-94 Rate 3 General Service 01-01-92 Rate 4 Large General Service 01-01-92 Rate 5 Primary Service 01-01-92 Rate 6 General Primary Service 01-01-92 Rate 7 Municipal Water Pumping Service 01-01-92 Rate 9 Outdoor Lighting Service 01-01-92 Rate 11 Traffic Light Service 07-01-87 Rate 12 Space Conditioning Electric Water Heating Service 01-01-92 Rate 21 Electric Service, Senior Citizen 10-15-94 Rate 31 Street Lighting Service-Board Owned 01-01-92 Rate 32 Street Lighting Service-Customer Owned 01-01-92 Economic Development Rider 02-01-91 Energy Cost Adjustment 06-12-87 Scheduled Curtailment Service Rider 02-01-91 Lansing City Enterprise Community Rebate 08-25-94 BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER WERBELOW That Resolution 96-11-7 be approved. Commissioner Graves stated that being a new Commissioner,the first discussion he was part of on the electric rates issue was at the Public Hearing held November 12, 1996. He noted that he has not been part of prior presentations and discussions,and for that reason,he would be abstaining from voting on Resolution 96-11-7- new electric rate schedules. Commissioner Graves suggested putting in place a formal orientation process for new Board Members. He indicated that he personally would not be voting for any issue or resolution brought before this Board when there has not been adequate discussion on it. Commissioner Royal staged she has some reservations on the rate increase at this time. She commented on the importance of bringing Board members up to speed to better prepare them for voting on complicated matters such as rate issues. She stated that she is particularly concerned with the impact the rate increase will have on residential customers. Commissioner Lontz commented that he also has reservations on the rate increase at this time. He indicated that back during the process, he felt the Integrated Resource Plan(IRP)should have been completed. Not that the IRP is"the information,"but it is an important piece of information that would have provided alternatives to look at other than rates. He also voiced his reservations about the increase related to Rate 3 (General Electric Service)for small businesses. He expressed concern that an economic development policy was adopted to increase the BWL's capacity to work with businesses, and now their electric rates are being increased. He announced that he too would be abstaining from voting on Resolution 96-11-7-new electric rate schedules. Commissioner Lontz also Page 145 Board Minutes November 26, 1996 commented on the importance of the Board having met in a strategic planning retreat to discuss issues of this nature. Commissioner Pratt echoed Commissioner Lontz's comments regarding the IRP. He stated that the IRP is an important piece of the Board's future deliberation on rate issues and competition. He noted that in one of the documents included in this month's Board meeting packet, it was reported that the IRP would be completed on June 30, 1996. Chairman O'Leary commented that he felt the process for the electric rate change was thorough. The fact that the newly appointed Commissioners were not yet on board at the time when these discussions took place is the Board's shortcoming. He agreed that the new members should have been brought up to date on this topic and indicated that every effort will be made to do so in the future. He further stated that the reasoning for the rate increase is more involved than just reacting to inflation. The reason for the rate increase was to try to get the utility in line with the different rate levels the BWL is competing against in the marketplace,and a modest rate increase was the solution. General Manager Pandy responded to the several points raised by the Commissioners. On the Board retreat issue, he explained that attempts were made to schedule a strategic planning retreat in the fall;however, due to Commissioner schedule conflicts, it has now been postponed until after the first of the year. With regard to Commissioner Lontz's comments on the new rate schedules and the IRP, Mr.Pandy noted that the reason there is a larger increase for the business class as compared to other classes of customers is that the business customer in general has enjoyed the greatest rate savings ranging from 30%to 40%below market rates. He noted that the BWL would continue to offer economic development rates for businesses that want to grow and also continue to have the lowest rates in the State. Mr.Pandy also explained that the IRP completion has been complicated by trying to address both electric and steam facilities. What complicates it is when you try to mix the supplying of steam and electric from the same equipment or from more efficient new technologies. With respect to preparing new Board Members, General Manager Pandy noted that he believes the responsibility of orienting new Board Members rests with him and the staff. Following discussion, Commissioner Graves and General Manager Pandy agreed that in addition to conducting a tour of facilities,the preferred method would be to arrange a sit down session with presentation materials,background information,and an opportunity for questions and answers on pending issues. Commissioner Werbelow stated that he met with Treasurer/Controller Dana Tousley earlier in the week to better understand the rationale for the rate increases. Following his briefing with Mr. Tousley, he was satisfied with the rationale which justifies the rate increase. After much discussion, Chairman O'Leary urged open and fiee exchange of information at the meetings. He noted that this administrative board has a responsibility to question items brought before the Board. He also noted that a unanimous vote is not required of the Board. The question being on the adoption of new electric rate schedules,Resolution 96-11-7,a roll call vote was taken: YEAS: Pratt,Royal,O'Leary, Strolle, Werbelow--5 NAYS: None ABSTENTIONS:Graves,Lontz--2 ABSENT: Christian--1 RESOLUTION ADOPTED. UNFINISHED BUSINESS No unfinished business. Board Minutes Page 146 November 26, 1996 NEW BUSINESS No new business. RESOLUTIONS There were no resolutions. GENERAL MANAGER'S REMARKS The following informational items were presented to the Board: Michigan Electric Systems File Before FERC Re: Emergency Relief from Transmission Rake Hike by CPCo. General Manager Pandy reported that Michigan electric systems filed before the Federal Energy Regulatory Commission(FERC)an action to try to stop the 1,200%to 2,000%increase in transmission rates that Consumers Power is trying to unilaterally impose on publicly owned electric systems in Michigan. On November 8, 1996,a petition for emergency relief was filed by the Michigan systems embraced by the Michigan Public Power Agency(MPPA),Michigan South Central Agency, Wolverine Power Supply Cooperative and Michigan Public Power Rate Payers Association—renewing their motion for declaratory order. Mr.Pandy noted that essentially the Michigan systems have taken a position that they are going to pay the old tariffs until they are ordered to do otherwise. He referred to an article summarizing this topic in the November 18, 1996,"Public Weekly Weekly," published by the American Public Power Association. Bill Cook,Director of Electric System Control,reported that an escrow account has been set up by MPPA to keep the monies that are in differential between what is being billed and what is being paid. Consumers Power Company threatened that if an escrow account is not set up,they would terminate the transmission service altogether. The amount in escrow for the first month was$87,000 for transmission services. Status Report on Ottawa Station Redevelopment and Main Office Building Sale. General Manager Pandy reported that staff has been informed by Oldsmobile that General Motor's(GM)Vice President for Corporate Affairs Bill Brooks will come to Lansing on December 16 to meet with John Rock,Darwin Clark and other Oldsmobile officials to tour the Ottawa Station and to discuss the future of the Vision Center. He also told the Board that John Rock has indicated there is dialogue going on between Oldsmobile and the United Autoworkers Union(UAW)about putting all of the training in Lansing into the Vision Center. If the UAW also supports this project, it would strengthen the business case. GM has been urged to involve the union leadership in the tour as well as discussions and deliberations on this project. Mr. Pandy noted that some indication as to whether or not Oldsmobile is going to proceed with the project is expected shortly thereafter. With regard to the Main Office Building sale,December 16 was set by the Board as the date for a response from Commercial Acquisitions,L.L.C., through Vlahakis Realty on the status of their purchase of the BWL Main Office Building. The Lansing City Council held a public hearing on November 4, 1996,and referred the matter to the Committee on Development and Planning. Mr.Pandy stated that timely information on both real estate matters should be available for the next regular meeting to be held December 17, 1996. The Commissioners indicated that they would like to meet as a Committee of the Whole at 4:00 p.m. on December 17, 1996. Calvin Jones Declared a Fellow of MSU's Michigan Political Leadership Program. General Manager Pandy recognized Calvin Jones, Shops Supervisor of Construction Services,for having completed the Michigan Political Leadership Program at Michigan State University(MSU). Mr. Jones was declared a Fellow of the Michigan Political Leadership Program on November 16, 1996,for his commitment to making our political system more responsive and responsible and desiring to improve the quality of life for citizens of Michigan through political service. Mr.Pandy noted that 24 fellows graduated from this very diverse program from every comer of the State. Page 147 Board Minutes November 26, 1996 Closed Session to Discuss Written Opinion with Special Counsel. BY COMMISSIONER STROLLE-- SECONDED BY COMMISSIONER WERBELOW To convene into a closed session to discuss the written opinion of special counsel regarding a pending matter with the Michigan Department of Environmental Quality. A roll call vote was taken as follows: YEAS: Graves,Lontz, O'Leary,Pratt,Royal, Strolle, Werbelow—7 NAYS: None ABSENT: Christian--1 By unanimous vote the Board convened into a closed session at 6:09 p.m. Board Reconvenes in Regular Session. The Board reconvened in regular session at 6:48 p.m. [Commissioner Strolle left the meeting at 6:48 p.m.] REMARKS BY COMMISSIONERS Retainer Fee for Lobbying Firm Commissioner Pratt asked about the fee to be paid to the lobbying firm of-Kheder and Associates,Inc. General Manager Pandy responded that Kheder and Associates has demonstrated an effectiveness in communicating to the legislature the BWL's positions on deregulation and competition in the electric industry. In continuing the contract for another two years,Kheder and Associates originally proposed$48,000 per year,and staff was able to negotiate retainers of$35,000 for 1997 and$40,000 for 1998. Bill Cook,Director of Electric System Control,briefed the Board on Kheder's activities relative to recodification meetings. He noted that the contract does have a one-month termination clause if it appears that in the beginning of the second year,the workload has decreased requiring either a reduced level of service or no service at all. Tree Trimming Update Commissioner Pratt asked for an update on tree trimming efforts and the recommended improvements. General Manager Pandy responded that trees are still the primary cause of power outages. The BWL has used outside contractors for tree trimming services the last twenty years,running four crews year around. Mr.Pandy stated that the Director of Electric Transmission and Distribution,Dave Emmons, has indicated that from 1992 to 1995,customer minutes off due to trees has more than quadrupled,going from 227,898 to 996,721. This disturbing trend suggests that tree trimming efforts need to increase. Plans are underway to develop a standard for frequency of tree trimming on the BWL system and implement a program to accomplish it, including the retention of additional contractor crews for trimming. United Wav Campaign Commissioner Pratt congratulated employees on their contribution of$103,627 to the United Way Campaign. Board Minutes Page 148 November 26, 1996 Internal Auditor's BWL Analytical Review Report Commissioner Lontz thanked Internal Auditor Kellie Willson for her work in preparing excellent charts for the annual BWL Analytical Review Report. Status of Steam and Electric Service Aereements Commissioner O'Leary asked for an update on the Steam Service Agreement. General Manager Pandy reported that the Steam Service Agreement with General Motors' (GM) Small Car Group is in its legal review by the BWL's Staff Attorney and GM. Conceptual agreement has been reached on all the substantive issues. Construction of the pipe systems is well underway and is expected to be in service early in 1997. Director of Electric System Control Bill Cook reported that the BWL and GM are close to reaching agreement on Electric Service. He requested some time in December to review provisions of the agreement in order to finalize it by the first of the year. Following discussion, the Board agreed to discuss this issue at a Committee of the Whole meeting to be held on December 17, 1996, at 4:00 p.m. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. Jim Harken, 315 Bingham,Lansing, discussed the following three BWL projects and requested a written response on each project questioned: Resolution 89-1-7, (January 24, 1989 minutes)Amount of$800,000 approved for improvements to the water distribution system reliability in Delhi Township. He stated that a statement from the Lansing City Attorney says this project was specifically implemented to provide water to Delhi Township. He asked whether or not Delhi Township paid$800,000 for the water distribution system, or if it was subsidized by the citizens of the City of Lansing. Project Number 87-120 -Watertown Township Extension, Water Distribution SysteniL The project was for $1,309,000. Mr.Harken commented that a statement from the Lansing City Attorney says the purpose for this project was to provide water to Watertown Township. Mr.Harken said he searched the records for six months after this project and found no indication that any of the money was recovered from Watertown Township. Mr.Harken stated that both projects for Delhi and Watertown Townships totaled about$2.25 million. He indicated that he suspects the BWL provided the pumps and distribution systems at the expense of City of Lansing ratepayers. He asked whether or not the BWL subsidized the water distribution system to Delhi and Watertown Townships Resolution 89-8-19, (August 22, 1989 minutes) A resolution authorizing for the application of bonds for $19,000,000. Mr.Harken stated that some of the bonds were for the upgrade of the electric utility system. He indicated that he suspects a lot of that money went to Eckert Station. He further stated that tax-free bonds were used for the Belle River project. He asked if the electric line out to DeWitt is unfair competition to Consumers Power Company since the BWL has tax-free bonds that went for providing both Eckert and Belle River. Chairman O'Leary assured Mr. Harken that a written reply to his questions would be sent to him,with a copy forwarded to each Commissioner. Page 149 Board Minutes November 26, 1996 EXCUSED ABSENCES BY COMMISSIONER ROYAL-- SECONDED BY COMMISSIONER PRATT That the absence of Commissioner Christian be excused. Adopted unanimously. ADJOURNMENT On motion of Commissioner Graves,the Board adjourned at 6:59 p.m. ASVMary E. tary Filed: December 4, 1996 Marilynn Slade, City Clerk Page 150 MINUTES OF BOARD OF COMMISSIONERS'MEETING LANSING BOARD OF WATER AND LIGHT Tuesday,December 17, 1996 The Board of Commissioners met in regular session at 5:30 p.m.,in the Main Office Building, 123 West Ottawa Street,Lansing,Michigan. The meeting was called to order by Chairman O'Leary. Present: Commissioners Christian, Graves,Lontz,O'Leary,Pratt,Royal, and Werbelow-7 Absent: Commissioner Strolle- 1 The Assistant Secretary declared a quorum present. The Invocation was delivered by Chairman O'Leary. _ The Pledge of Allegiance was said by all. APPROVAL OF MINUTES c; r-- BY COMMISSIONER CHRISTIAN =? - SECONDED BY COMMISSIONER ROYAL That minutes of regular session of November 26, 1996,be approved as filed. Adopted unanimously. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING. Jim Harken, 315 Bingham,asked when answers to his questions would be completed. Chairman O'Leary responded that the process is not entirely completed. Mr.Harken should have the information before the Board Meeting in January. Commissioner Peter Pratt and his wife were congratulated on the birth of their baby. COMMUNICATIONS AND PETITIONS Page 151 Board Minutes November 26, 1996 COMMITTEE OF THE WHOLE REPORT The Committee of the Whole met on December 17, 1996, to discuss 1)ICMA Plan and Trust, 2) General Motors Electric Contract, and 3) Southeastern Michigan Rural Electric Cooperative Partial Requirements Contract. Present were Commissioners Christian, Graves.Lontz,Pratt,Roval, Strolle, O'Leary and Werbelow. Deferred Compensation Assets. Treasurer/Controller Tousley presented information on a trust fund being established for the BWL's employee deferred compensation plan. This action will add protection to the fund. A federal law requires that deferred compensation plan assets be set aside in a trust fund by 1999. Deferred Compensation Assets (Resolution 96-12-12) WHEREAS, the Board of Water and Light of Lansing,Michigan("Employer")has employees rendering valuable services;and, WHEREAS, the Employer has established a deferred compensation plan(ICMA Employer Plan Number 300435) for such employees that serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees,by providing increased flexibility in managing its human resources,and by assisting in the attraction and retention of competent personnel;and, WHEREAS, the Employer has determined that the continuance of the deferred compensation plan will serve these objectives; and, WHEREAS,amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan: NOW THEREFORE BE IT RESOLVED that effective January 1, 1997, the Employer hereby amends and restates the deferred compensation plan(the"Plan")in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust; (Attached) BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust,with the Employer serving as trustee,for the exclusive benefit of the Plan participants and their beneficiaries,and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; BE IT FURTHER RESOLVED that the Plan will permit loans; BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Plan. BY COMMISSIONER ROYAL SECONDED BY COMMISSIONER CHRISTIAN That Resolution 96-12-12 be approved. Adopted unanimously. Board Minutes Page 152 November 26, 1996 General Motors Contract. Electric System Control Division Director Bill Cook presented information on a long- term contract to supply electricity to General Motors facilities in the Lansing area. Electric Service Agreement with General Motors (Resolution 96-12-3) The Lansing Board of Water and Light Commissioners authorize the General Manager to execute an Electric Service Agreement with General Motors(GM), subject to terms and conditions which meet the approval of the Staff Attorney,Electric Utility Directors, Treasurer/Controller, and General Manager. The basic tenets of this agreement shall include: • BWL being GM sole electric supplier in the BWL service area for a minimum of 10 years. • In the event that the BWL Commissioners authorize retail access following this Agreement,the BWL would have the continuing right of first refusal to meet GM electric requirements. • Large Capacity Rate#8,approved at the November BWL Board of Commissioners'meeting,would be applied to the following facilities: Lansing Automotive Division Plant#1 Craft Center Lansing Automotive Division Plant#3 Powertrain Plant#5 Lansing Automotive Division Plant#6 Parts Warehouse • For GM's purposes,Large Capacity Rate#8 would be frozen for the first five years of the agreement. • For GM's purposes, in years 6-10,Large Capacity Rate#8 would not increase by more than the Producers Price Index in any year. • The BWL Energy Cost Adjustment would remain in effect. • The BWL would exhibit its best efforts to maintain GM's reliability at no worse than existing levels. • The BWL does NOT waive the right to collect any future stranded costs in the event of retail access,to the extent that such costs are made applicable to other BWL retail customers. • BWL will provide technical assistance to GM,for which GM shall pay. • The Agreement Dispute process includes: Agreement Administrators authority to resolve procedural or operational issues Mediation Binding Arbitration. • The GM/BWL Electric Service Agreement controls in the event of a conflict with BWL rules and regulations and/or published rates. • In the event of the BWL's authority to operate as an autonomous agency, or ownership in the BWL changes such that the change results in a materially decreased performance in rates and reliability, GM at its option may deem the term of the agreement to be one year. • BWL nerves the right to terminate the Agreement if it is found to jeopardize the tax exempt status of Michigan Public Power Agency(MPPA)Belle River bonds. This Agreement is intended as a defensive measure to secure the BWL's largest customer(18.67%of FY 96 BWL electric revenue)for a period of at least ten(10)years during a period where the potential of significant change in the electric industry is likely. Page 153 Board Minutes November 26, 1996 It is also intended that the provisions of this Agreement would be extended to similarly situated customers qualifying for Large Capacity Rate#8 during this same period. BY COMMISSIONER O'LEARY SECONDED BY COMMISSIONER GRAVES That Resolution 96-12-3 be approved. Adopted unanimously. SEMREC. Brent Henry, System Support Engineer from BESOC,presented information on extending the BWL's wholesale power agreement with Southeastern Michigan Rural Electric Cooperative(SEMREC). Amendment No. 2 of Southeastern Michigan Rural Electric Cooperative(SEMREC)BWL Partial Requirements Agreement (Resolution 96-12-4) The Board of Water and Light Commissioners authorize the General Manager to execute Amendment No. 2 of the Southeastern Michigan Rural Electric Cooperative(SEMREC)/BWL Partial Requirements Agreement, subject to terms and conditions which meet the approval of the Staff Attorney and General Manager. Amendment accomplishes keeping SEMREC as a BWL wholesale customer for two years longer than the existing agreement;modifies the type of service the BWL supplies to SEMREC;results in SEMREC increasing its monthly capacity reservation minimums; gives the BWL right to first refusal on future SEMREC power supply considerations,lowers the monthly capacity charges,allocates any growth achieved by SEMREC to the BWL,and results on present worth basis to about no net gain or loss over our existing agreement. Pending approval by Board of Directors of SEMREC. BY COMMISSIONER CHRISTIAN SECONDED BY COMMISSIONER GRAVES That Resolution 96-12-4 be approved. Adopted unanimously. Respectfully submitted, William D.Lontz,Chair Pro Gem COMMITTEE OF THE WHOLE That the Committee of the Whole Report, including Resolutions 96-12-12, 96-12-3, and 96-12-4 be approved as submitted. GENERAL MANAGER'S RECOMMENDATIONS ADMINISTRATIVE Res. No. 96-12-1 That in accordance with Article II, Section 2.1 of the Board's Rules of Administrative Procedure, it is recommended that the following list of dates be adopted as the regular meeting schedule for the Board of Water and Light Commissioners for the ensuing six(6)months. Board Minutes Page 154 November 26, 1996 1997 January 28 - Tuesday February 25 - Tuesday March 25 - Tuesday April22 - Tuesday May 27 - Tuesday June 24 - Tuesdav Regular meetings of the Board shall commence at 5:30 p.m. This schedule is subject to change as a result of date conflicts with rescheduled City Council meetings. It is further recommended that a notice of the meeting schedule be published in the LANSING STATE JOURNAL the week of January 5, 1997. BY COMMISSIONER CHRISTIAN SECONDED BY COMMISSIONER ROYAL That Resolution 96-12-1 be approved. Adopted unanimously. CORPORATE PLANNING Res. No. 96-12-2 It is recommended that the Board authorize the granting of an easement to Michigan Bell Telephone Company,DBA Ameritech,for communication facilities at a cost consideration of $1,000, a one time payment upon execution of the easement. The easement location is a portion of the Burcham Substation Property, 683 Stoddard Street,East Lansing. Easement Description: A part of a vacated alley and a part of Lot 23 of"Avondale"Plat,Liber 4, Page 46 of Ingham County plats,particularly described as follows: Beginning at a point 8 feet south of the southwest corner of Lot 23 of said plat, said P.O.B.being on the centerline of a vacated 16 foot wide alley;thence north 25 feet to a point on the west line of Lot 23 that is 17 feet north of the southwest corner of Lot 23;thence east parallel with the south lot line 25 feet; thence south 25 feet to the center of the vacated alley;thence along the vacated alley centerline west 25 feet to the point of beginning, subject to an easement granted to Michigan Bell Telephone Company on October 19, 1987,and recorded in Liber 1666,Pages 558-560,Ingham County Deeds, and subject to any other existing easements and restrictions. This easement will permit Ameritech to construct, maintain and have access to a communications control cabinet adjacent to an existing Ameritech cabinet on the Southwest corner of the Burcham Substation property. The Board of Water and Light is not presently using nor has any foreseeable use of this portion of the Burcham Substation property for Utility purpose. Page 155 Board Minutes November 26, 1996 BY COMMISSIONER CHRISTIAN SECONDED BY COMMISSIONER PRATT That Resolution 96-12-2 be approved. Adopted unanimously. ELECTRIC SYSTEM CONTROL Res.No. 96-12-3 The Lansing Board of Water and Light Commissioners authorize the General Manager to execute an Electric Service Agreement with General Motors(GM),subject to terms and conditions which meet the approval of the Staff Attorney,Electric Utility Directors, Treasurer/Controller, and General Manager. The basic tenets of this agreement shall include: • BWL being GM sole electric supplier in the BWL service area for a minimum of 10 years. • In the event that the BWL Commissioners authorize retail access following this Agreement, the BWL would have the continuing right of first refusal to meet GM electric requirements. • Large Capacity Rate#8,approved at the November BWL Board of Commissioners'meeting, would be applied to the following facilities: Lansing Automotive Division Plant#1 Craft Center Lansing Automotive Division Plant#3 Powertrain Plant#5 Lansing Automotive Division Plant#6 Parts Warehouse • For GM's purposes,Large Capacity Rate#8 would be frozen for the first five years of the agreement. • For GM's purposes, in years 6-10,Large Capacity Rate 48 would not increase by more than the Producers Price Index in any year. • The BWL Energy Cost Adjustment would remain in effect. • The BWL would exhibit its best efforts to maintain GM's reliability at no worse than existing levels. • The BWL does NOT waive the right to collect any future stranded costs in the event of retail access,to the extent that such costs are made applicable to other BWL retail customers. • BWL will provide technical assistance to GM,for which GM shall pay. Board Minutes Page 156 November 26, 1996 • The Agreement Dispute process includes: Agreement Administrators authority to resolve procedural or operational issues Mediation Binding Arbitration. • The GM/BWL Electric Service Agreement controls in the event of a conflict with BWL rules and regulations and/or published rates. • In the event of the BWL's authority to operate as an autonomous agency, or ownership in the BWL changes such that the change results in a materially decreased performance in rates and reliability, GM at its option may deem the term of the agreement to be one year. • BWL reserves the right to terminate the Agreement if it is found to jeopardize the tax exempt status of Michigan Public Power Agency(MPPA)Belle River bonds. This Agreement is intended as a defensive measure to secure the BWL's largest customer (18.67%of FY 96 BWL electric revenue)for a period of at least ten(10)years during a period where the potential of significant change in the electric industry is likely. It is also intended that the provisions of this Agreement would be extended to similarly situated customers qualifying for Large Capacity Rate#8 during this same period. BY COMMISSIONER ROYAL SECONDED BY COMMISSIONER GRAVES That Resolution 96-12-3 be approved. Adopted unanimously. Res. No. 96-124 The Board of Water and Light Commissioners authorize the General Manager to execute Amendment No. 2 of the Southeastern Michigan Rural Electric Cooperative(SEMREC)/BWL Partial Requirements Agreement,subject to terms and conditions which meet the approval of the Staff Attorney and General Manager. Amendment accomplishes keeping SEMREC as a BWL wholesale customer for two years longer than the existing agreement;modifies the type of service the BWL supplies to SEMREC;results in SEMREC increasing its monthly capacity reservation minimums; gives the BWL right to first refusal on future SEMREC power supply considerations, lowers the monthly capacity charges, allocates any growth achieved by SEMREC to the BWL, and results on present worth basis to about no net gain or loss over our existing agreement. Pending approval by Board of Directors of SEMREC. BY COMMISSIONER ROYAL SECONDED BY COMMISSIONER WERBELOW That Resolution 96-124 be approved. Adopted unanimously. Page 157 Board Minutes November 26, 1996 HUMAN RESOURCES Res. No. 96-12-5 That Larry R.Beckner, a Maintenance Mechanic for Production Maintenance,be awarded a total of$274 for suggestion proposal number 1996-072,to use a newly developed tool to change springs on precipitator hopper dump gates for faster,safer removal of the spring. By implementing this proposal, it is estimated that the BWL will realize a net savings of$1990 in the first year. Res.No. 96-12-6 That Ronald Byrnes, a Cable Splicer for Line Department,be awarded a total of$459.25 for suggestion proposal number 1996-070, to use tool on end of insulated hot stick to change bushing lugs without switching the loop or causing customer outages. By implementing this proposal, it is estimated that the BWL will realize a net savings of $3,842.46 in the first year. Res. No. 96-12-7 That Larry E.DeWitt,a Design Technician in Project Engineering,be awarded a total of$305.82 for suggestion proposal number 1995-109,to enter mechanical and structural drawing numbers on Mapper Electrical Drawing files for more efficient referencing system. -------------- By implementing this proposal, it is estimated that the BWL will realize a net savings of $2,308.24 in the first year. Res.No. 96-12-8 That Lois K.Hagy, a Customer Billing Representative for Customer Accounting Services,be awarded a total of$632 for suggestion proposal number 1996-074,to sort daily CL billing statements alphabetically along with secondary and primary meter statements. By implementing this proposal, it is estimated that the BWL will realize a net savings of$5,570 in the first year. Board Minutes Page 158 November 26, 1996 Res. No. 96-12-9 That Patrick Rennie, a Steam Production Operator for Moores Park Operations,be awarded a total of$112.50 for suggestion proposal number 1996-062,to install a pressure switch from the AG gates airline to the start/stop switch on the B/A pump to prohibit pump from running without the air on and eliminate unnecessary maintenance on bottom ash system. By implementing this proposal, it is estimated that the BWL will realize a net savings of$450 in the first year. BY COMMISSIONER GRAVES SECONDED BY COMMISSIONER CHRIST A-N That Resolutions 96-12-5 through 96-12-9 be approved. Adopted unanimously. Res. No. 96-12-10 WHEREAS, A new three-year labor agreement with the IBEW Local 352 was approved by the Board on November 26, 1996, subject to IBEW Local 352 member ratification on December 11, 1996. RESOLVED,That the following employment and benefit changes incorporated in the union contract be applied to the Non-Bargaining Unit employees per the effective dates listed below: Summary of Tentative Contract Settlement Affecting Non-Bargaining Unit Employees November 1, 1996-October 31, 1999 I. Basic Agreement A. "Living Agreement"to address competition and cost reduction B. Partnership Statement and Empowerment of Department/employees. H. Economic Changes A. Life Insurance, effective January 1, 1997 Premium Waiver and Life Pay-out will be discontinued. III. Other Issues A. Leave of Absence An employee placed on compensable illness or injury leave after November 1, 1996 shall lose seniority when the leave equals the employee's pre-leave seniority, but not to exceed two years. B. The Just-Cause criteria and procedure under the current BWL Drug Alcohol Policy will be enhanced with education and process improvements. C. Share the Success 1. Bonus amount applied to base pay for pension calculation capped at 5%per year. 2. Separate department measures based on hard savings attributable to employees with 90/10 split of savings; 90%to organization/ 10%to department employees. Page 159 Board Minutes November 26, 1996 3. Department task forces to be established to identify savings within one year. 4. Both programs to continue through the life of this agreement. D. Pension Issues (See Attachment) IV. Issues Sent to Subcommittee A.' Paid Time Off B. Workers Compensation BY COMMISSIONER ROYAL SECONDED BY COMMISSIONER GRAVES That Resolution 96-12-10 be approved. Adopted unanimously. PENSION Res.No. 96-12-11 That David Buzinski,a Water Production Maintenance Mechanic in Water Production,be placed on a disability pension of$1,314.74 per month effective August 22, 1996. He has selected a straight pension with no option. Mr.Buzinski has worked for the BWL for 22.22 years and is 46 years of age. BY COMMISSIONER CHRISTIAN SECONDED BY COMMISSIONER PRATT That Resolution 96-12-11 be approved. Adopted unanimously. TREASURER/CONTROLLER Res. No. 96-12-12 WHEREAS,the Board of Water and Light of Lansing,Michigan("Employer")has employees rendering valuable services;and, WHEREAS, the Employer has established a deferred compensation plan(ICMA Employer Plan Number 300435)for such employees that serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in managing its human resources,and by assisting in the attraction and retention of competent personnel; and, WHEREAS, the Employer has determined that the continuance of the deferred compensation plan will serve these objectives;and, Board Minutes Page 160 November 26, 1996 WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan: NOW THEREFORE BE IT RESOLVED that effective January 1, 1997, the Employer hereby amends and restates the deferred compensation plan(the"Plan")in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust; (Attached) BE IT FURTHER RESOLVED that the assets of the Plan shall be held in mist,with the Employer serving as trustee,for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; BE IT FURTHER RESOLVED that the Plan will permit loans; BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Plan. This resolution essentially creates a separate trust entity, similar to our defined benefit pension fund. ICMA assets contributed by employees are not subject to the creditors of the BWL. The resolution also complies with the agreement with IBEW Local 352 to establish such a mist as soon as practicable. The form of the resolution is suggested by ICMA Retirement Corporation. ICMA Retirement Corporation has submitted the referenced Plan and Trust Agreement for an IRS private letter ruling. BY COMMISSIONER CHRISTIAN SECONDED BY CONMSSIONER ROYAL That Resolution 96-12-12 be approved. Adopted unanimously. WATER Res.No. 96-12-13 That the Board of Water and Light(BWL)charge for 6" and 8"watermain installations on unimproved roads,all having fire hydrant coverage,be changed to$25.50 per foot,effective January 1, 1997. This is a 3%increase over the current charge. That one-half this amount be the standard per foot frontage charge to be levied in conjunction with a water service connection on either side of a street where a charge for watermain installation has never been made,directly or indirectly. That the BWL charge for public fire hydrant installations on mains 12"and smaller be changed to$1,875 per hydrant, effective January 1, 1997. This is a 7%increase over the current charge. Page 161 Board Minutes November 26, 1996 The watermain-with-hydrant installation charge and the individual hydrant installation charge listed above are based on the three(3)previous years of BWL average costs for that type of work, trended to July 1, 1997, the middle of next year's construction season. The trending factors used in the calculations were obtained by using indices from the Handy Whitman Index,a well- recognized publication of trends in public utility construction. BY COMMISSIONER CHRISTIAN SECONDED BY COMMISSIONER PRATT That Resolution 96-12-13 be approved. Adopted unanimously. UNFINISHED BUSINESS No unfinished business. NEW BUSINESS No new business. RESOLUTIONS There were no resolutions. GENERAL MANAGER'S REMARKS General Manager Pandy commended Union Officers for excellent manner in which negotiations were handled. Contract was ratified by a three-to-one margin. Commissioner Christian expressed his congratulations as a representative of the Personnel Committee. Negotiations were a `win\win' situation. General Manager Pandy handed out a copy of a letter regarding the Michigan Utility Code of 1996 (H.B.6225). The bill was not passed during the session that closed on December 13, 1996,but will be brought up again in 1997. Discussion was held on the new LANSING CITY ENTERPRISE COMMUNITY REBATE, which approved at the November 26, 1996 Board Meeting. This rate will be available to two Lansing Renaissance Zones. A press release will be issued Wednesday or Thursday. Enterprise Community Rebate/Renaissance Zones Resolution 96-12-14 Resolved,that staff is directed to apply the existing Lansing City Enterprise Community Rebate rate schedule to the City of Lansing Renaissance Zones established by the State of Michigan. Board Minutes Page 162 November 26, 1996 BY COMMISSIONER ROYAL SECONDED BY COMMISSIONER LONTZ That Resolution 96-12-14 be approved. Adopted unanimously: General Manager Pandy will serve on the Local Initiatives Support Corporation(LISC)Lansing Advisory Committee. This Committee will help raise the profile and capital for community development in Lansing. General Manager Pandy spoke about Consumers Power realigning their marketing functions, and the value of extra services available to various classes of customers. General Manager Pandy reported on a meeting with Wisconsin Energy Corporation,which when merged with Northern States Power in 1999,will be the 10th largest utility in the U. S. They provide 50%of the load in the state of Wisconsin. They are hoping to form alliances with other utilities including the BWL for marketing of additional services to customers in Michigan. General Manager Pandy will speak on competition at an American Public Power Association(APPA)meeting in California the second week in January. Paul Vlahakis representing Vlahakis Companies spoke to the Commissioners requesting an extension on a Purchase Agreement for selling the BWL Main Office Building, which expired December 16, 1996. After much discussion, the Commissioners declined to extend the deadline. Board of Water and Light employees are improving in the area of safety performance,but must be especially careful in the ice and snow conditions of winter. Discussion was held on financial reports prepared by Treasurer/Controller Dana Tousley. An executive summary format was developed by Mr.Tousley. The Commissioners want to continue receiving the detail of the reports in addition to the summary. General Manager Pandy met with representatives from General Motors, OPAD, and the Mayor regarding the development of the Ottawa Power Plant. Mr.Pandy expressed his optimism for the development. The Commissioners will continue to receive updates on this project. General Manager Pandy thanked the Commissioners for their support and wished everyone a happy holiday. REMARKS BY COMMISSIONERS Commissioner Royal asked for clarification on an item on Short Term Cash Investments. She asked about the negative rate of return on one of the investments. Mr. Tousley stated that the investment was a mutual fund and the price had declined since purchase. The negative rate of return was a true statement to date,but on an annual basis, a positive return is expected. PUBLIC COMMENTS CHAIRMAN O'LEARY ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT. Page 163 Board Minutes November 26, 1996 EXCUSED ABSENCES BY COMMISSIONER ROYAL SECONDED BY COMMISSIONER LONTZ That the absence of Commissioner Strolle be excused. Adopted unanimously. ADJOURNMENT The Board adjourned at 6:51 p.m. Rosemary Sullivan, Assistant Secretary Filed: December 19, 1996 Marilynn Slade, City Clerk