MINUTES OF THE BOARD OF COMMISSIONERS' SPECIAL MEETING

LANSING BOARD OF WATER AND LIGHT

_________________________

Tuesday, May 28, 2002

___________________________

The Board of Commissioners met in special session at 5:30 p.m. in the Boardroom of the Administrative Offices, 1232 Haco Drive, Lansing, Michigan.  Chairman Ron Callen called the meeting to order.

Present:

Commissioners Ron C. Callen, Ernest J. Christian, Charles M. Creamer, Tim Haggart, Diane R. Royal, - 5.

Absent:

Nancy W. Duncan, Connie Marin, and Nancy A. Wonch (on speakerphone for a portion of the meeting)-3

The Secretary declared a quorum present.

All said the Pledge of Allegiance.


APPROVAL OF MINUTES

Motion made by Commissioner Royal, seconded by Commissioner Haggart, to approve the minutes of regular session held April 23, 2002.

Carried unanimously.

Motion made by Commissioner Royal, seconded by Commissioner Haggart, to approve the minutes of special session held May 14, 2002.

Carried unanimously.

PUBLIC COMMENTS

THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING.

Lansing City Councilmember Carol Wood thanked the Commissioners for the amount of time and effort the Board has devoted to the question of “Customer Choice” in the City of Lansing.  She stated that in trying to unravel the complex problems concerning “Customer Choice,” the Combined Sewer Overflow (CSO) project has merged into those problems.  The overall question that remains is having a reliable system for water services.  The Commissioners, management and the union were invited to attend a joint meeting of the Council’s Public Safety and Public Service Committees, tentatively set for June 18, 2002 at 11:00 a.m., for input in addressing the integrity of the fire hydrant systems.  She urged the Board to support the proposal of the BWL Committee of the Whole to establish two pilot projects utilizing “Customer Choice” in the City of Lansing and gathering data on the program to ensure safety and construction quality in the water system.

Robin Smith, Building Committee Chairperson of Pentecostal Outreach Church, Lansing, thanked the Board for allowing the Pentecostal Outreach Church project to proceed as a pilot project utilizing “Customer Choice” within the City of Lansing.

Rodney Hayes, Trustee of Pentecostal Outreach Church, expressed his appreciation to the Board for considering the pilot “Customer Choice” project for the church.


COMMUNICATIONS

None.


FINANCE COMMITTEE REPORT

The Finance Committee met on May 14, 2002 at 5:30 p.m. to discuss the following items:

  1. Fiscal Year 2003 O&M and Capital Budgets
  2. Economic Parameters for Fiscal Year 2003 Studies and Evaluations
  3. Utility Rules and Regulations
  4. Resale of Long Distance Services
  5. Business Ethics Policy

Committee members present were Commissioners Duncan (Chair),  Callen (alternate), Royal (alternate), and Wonch.  Absent were Commissioners Christian and Creamer.

I.          Fiscal Year 2003 Annual Budget

General Manager Pandy presented an overview of the proposed Fiscal Year 2003 Operations and Maintenance Budget.  The proposed budget was based on the following assumptions:

Individual utility budgets will meet anticipated system needs consistent with BWL base load forecasts.

·           Budget is lean to allow BWL to operate and maintain its system within its revenue streams, without additional borrowing, other than the $25 million bond issue required for NOx compliance with new Federal regulations.

·           Utility budgets will meet the strategic priorities outlined in the strategic plans.

·           Budget is fundamentally status quo, with one major inherent policy implication, which is the continuance of fully paid medical insurance for employees and retirees.

·           Budget assumes no change to the pension plan.  The Board’s Human Resources Committee is discussing pension Plan Parameters.

·           Budget will not result in any diminution of services to customers.

·           Cost containment items include:

o       Fuel cost reduction associated with less General Motors steam load than budget for FY’02.

o       Reduction of Commercial Customer Satisfaction Survey from annual to every other year.

o       Reduction from two to one annual Residential Customer Satisfaction Survey.

o       Belle River Power Supply debt service credit continues at 5% from Michigan Public Power Agency’s trust funds.

o       Reduction of budgeted staff positions from 755 to 750 positions.

o       Consolidation of management, with the retirement of the Director of Delivery; Assistant General Manager Bill Cook will also function as Director of Delivery.

o       No cross utility transfers; the repayment of past transfers has been budgeted, based on a 15-year payback schedule, without interest.

o       Property insurance increase (+$1,292,000).

[Commissioners Royal and Wonch left the meeting at 6:45 p.m.]

The total capital budget for Fiscal Year 2003 includes projects for:

            Electric

$32.3 million

            Water

$26.5 million

            Steam

$ 2.9 million

            Common

$ 2.1 million

            TOTAL

$63.8 million

 

Funding for the projects is derived from the following sources:

            Depreciation and Net Income Cash Flow

$30.6 million

            Contribution-in-Aid from developers

$22.8 million

            Bond Funds

$10.4 million

            TOTAL

$63.8 million

 

Consistent with the Board’s direction relative to growth for the water utility, distribution projects totaling $22.5 million are funded by developers contribution-in-aid in the amount of $19.1 million (85%).

Consistent with the Electric Strategic Plan, electric capital is kept below $24 million, except for NOx compliance projects, to be funded by a bond issue of $25 million.

II.        Economic Parameters for Fiscal Year 2003 Studies and Evaluations

Proposed economic parameters to be utilized in performing economic analyses of alternatives for projects in Fiscal Year 2003 were reviewed.  In Fiscal Year 2000, staff identified the need for a standardized consistent set of economic parameters for use in project evaluations.  R. W. Beck subsequently reviewed the BWL proposed methodology and parameters and agreed that parameters need to be reviewed and updated annually.

III.       Board of Water and Light Rules and Regulations

The Rules and Regulations for Electric, Water and Steam were referred to the Committee of the Whole for consideration at such time when the issue of allowing Water Customer Choice in the City of Lansing is discussed.

IV.       Resale of Long Distance Services

Management’s proposed concept of the BWL working with a long distance telephone service provider to supply customers with long distance phone service was deferred for a future meeting.  The Committee expressed concern that this service would be a significant change in the BWL’s mission that merits slow, deliberative action.   The General Manager agreed to bring forth a business case as to why the BWL should proceed with this service for consideration.

V.        BWL Business Ethics Policy

Director of Metrics and Audits Kellie Willson has requested an advisory opinion from the City of Lansing Ethics Board with respect to gifts from vendors and solicitation of items or funds from vendors for charity.  The Committee deferred further discussion on this matter until such time that an advisory opinion is rendered from the Ethics Board, which is anticipated by the end of June, 2002.

RESOLUTIONS

The Finance Committee recommends the following resolutions:

FISCAL YEAR 2003 O&M BUDGET
(Resolution # 2002-5-2)

RESOLVED, That the annual Operating and Maintenance Budget covering Fiscal Year  2003 is hereby approved as presented.  (Appended to the minutes – Exhibit A-1.)


FISCAL YEAR 2003 CAPITAL BUDGET
(Resolution # 2002-5-3)

RESOLVED, That the annual Capital Budget covering Fiscal Year 2003 is hereby approved as presented.  (Appended to the minutes – Exhibit A-2.)

RESOLVED FURTHER, That the capital projects are authorized in the amount of the Project Estimate.  Capital Expenditures for Fiscal Year 2003 are limited to the amount included in the budget.

ECONOMIC PARAMETERS FOR FISCAL 2003 STUDIES
(Resolution # 2002-5-4)

RESOLVED, That the Economic Parameters for Fiscal Year 2003 Studies are approved as presented.  (Appended to the minutes – Exhibit B.)

The meeting adjourned at 6:35 p.m.

Respectfully submitted,
Nancy W. Duncan, Chair
Finance Committee

Moved by Commissioner Callen, seconded by Commissioner Royal, that the Report of the Finance Committee be accepted as presented.

Action:  Carried unanimously.

Moved by Commissioner Callen, seconded by Commissioner Creamer, on the approval of the resolution to adopt the Fiscal Year 2003 O&M Budget (Resolution #2002-5-2).

Action:  Carried unanimously.

Moved by Commissioner Callen, seconded by Commissioner Creamer, on the approval of the resolution to adopt the Fiscal Year 2003 Capital Budget (Resolution #2002-5-3).

Action:  Carried unanimously.

Moved by Commissioner Callen, seconded by Commissioner Royal, on the approval of the resolution to adopt the Economic Parameters for Fiscal 2003 Studies (Resolution #2002-5-4).

Action:  Carried unanimously

 

HUMAN RESOURCES Committee Report

The Human Resources Committee met on May 21, 2002 at 4:30 p.m. to discuss the following matters:

  1. Non-Bargaining Skill Family Range Adjustments for Fiscal Year 2003.
  2. Non-Bargaining Performance Increase Matrix for Fiscal Year 2003
  3. Share the Success Program for Fiscal Year 2003
  4. Pension Negotiation Parameters

Present were committee members Royal (Chair), Callen, Haggart and Marin.

1.         Non-Bargaining Skill Family Range Adjustments for Fiscal Year 2003.

Paul Reagan of Dorey, Reagan & Associates provided an overview of the 2002 market analysis conducted to examine competitive market (50th percentile) rates of pay for benchmark jobs.  The proper determination of competitive compensation levels for benchmark jobs requires the compilation of multiple salary data sources.  These include published compensation survey data sources that report local, regional and national data.  A key feature of this process is the use of survey data that are comparable in terms of the specified job, gross operating revenues of the organization, region, and number of employees.  Mr. Reagan responded to questions relative to the matching process and characteristics utilized to ensure that the salary data selected are from organizations similar to the BWL.

2.         Non-Bargaining Performance Increase Matrix for Fiscal Year 2003.

Human Resources Director Linda Gardner presented an overview on how the appropriate base performance increase matrix for Non-Bargaining employees was determined for Fiscal Year 2003.  In 1998, the BWL revised its Wage and Salary Plan for Non-Bargaining employees from general “across-the-board” salary increases to increases linked to job performance.  Consultant Dory, Reagan & Associates assisted in developing the performance increase matrix.  Management considerations include (1) containing salary costs within a budget based on the organization’s ability to pay; (2) making salary increases based on meaningful levels of employee performance; (3) relating these to general economic and labor market conditions; and (4) preparing a salary matrix that provides management some discretion to award increases based on performance appraisals within the range of performance increases and within imposed budgetary constraints.

3.         Share the Success Program for Fiscal Year 2003

General Manager Pandy explained that the executive staff had discussed some alternatives for a new Share the Success Program.  As outlined in the February 2002 Memorandum of Understanding with IBEW Local 352, the new program will consist only of corporate measures with bonuses ranging from 0 to 5%.  The 5% maximum bonus will not be changed for the duration of the current contract.  The new program should have fewer measures and be simpler and easier to administer.

Director of Metrics and Audits Kellie Willson explained that the materials provided to the Human Resources Committee members outlined a few possible approaches for defining the details of a new plan.  They compare the likely impact on the BWL and on employees of the new plan versus the old corporate Share the Success program.  Ms. Willson emphasized that under the terms of the Memorandum of Understanding, the new plan is highly dependent upon financial performance.  Bonuses would be at most $300 per employee if the non-financial measures are fully met, but the financial goal is not achieved.

The same materials were recently provided to the union leadership and will serve as a starting point for jointly developing the details of the new plan.   Both Union and Management are anxious to complete this work by the end of June.  The Committee encouraged Ms. Willson and Human Resources Director Linda Gardner to proceed to work with the union leadership on the new Share the Success plan. The new plan is subject to the approval of the General Manager and the Commissioners.

4.         Pension Negotiation Parameters

Moved by Commissioner Callen, seconded by Commissioner Marin, to go into closed session for the purpose of discussing pension negotiation parameters (5:08 p.m.).  The Committee reconvened in open session at 5:30 p.m.

After review and discussion of upcoming pension negotiations and related issues, management was directed to work to control pension costs.

 

RESOLUTIONS

The Human Resources Committee recommends the following resolutions:

(Resolution# 2002-5-5)

RESOLVED, that the Non-Bargaining Skill Family Range Adjustment for Fiscal Year 2003 is hereby approved.

Non-Bargaining Skill Family Range Adjustments for Fiscal Year 2003.

Skill family

Range Adjustment1

Customer Service & Office

2.0%

Directors

2.0%

Engineering & Scientific

5.0%

Finance & Purchasing

3.0%

Human Resources & Legal

3.0%

Information Technology

4.0%

Marketing & Communications

2.0%

Technical

4.0%

1Salary ranges are adjusted at midpoint to reflect the surveyed market movement for each skill family.

(Resolution # 2002-5-6)

RESOLVED,  That the Non-Bargaining Performance Increase Matrix for Fiscal Year 2003 is hereby approved.


 

Performance Increase Matrix for Fiscal Year 2003

FY 2003 Appraised
Level of Performance

 

Performance Increase
Percentage Range1


451 or higher

  
Outstanding

           
            6.00% to 7.50%

376 to 450

   Exceeds

            4.00% to 5.50%

276 to 375

   Meets

            3.00% to 3.50%

226 to 275

   Needs Improvement

            1.00% to 1.50%

225 or less

   Fails

            0.00% to 0.00%


1
Salary increase percentage range within specified limits.  Managers may recommend salary increase percentages in ½ percent increments.

 

Other considerations:  In order to be eligible to receive a “Power Performer” award, the employee’s performance level must be at the top end of the salary increase range (7.5%).

The meeting adjourned at 5:30 p.m.

Respectfully submitted,
/s/ Diane R. Royal, Chair
Human Resources Committee

 

Moved by Commissioner Royal, seconded by Commissioner Christian, that the Report of the Human Resources Committee be accepted as presented

Action:  Carried unanimously.

Moved by Commissioner Royal, Seconded by Commissioner Haggart, on the approval of the resolution to adopt the Non-Bargaining Skill Family Range Adjustment for Fiscal Year 2003 (Resolution #2002-5-5).

Action:  Carried unanimously.

Moved by Commissioner Royal, seconded by Commissioner Christian, on the approval of the resolution to adopt the Performance Increase Matrix for Fiscal Year 2003 (Resolution # 2002-5-6).


COMMITTEE OF THE WHOLE REPORT

The Committee of the Whole met on May 21, 2002 to discuss and consider water construction alternatives (Customer Choice) and the Rules and Regulations for electric, water and steam.

Chair Pro Tem Charlie Creamer called the meeting to order at 5:35 p.m.  Present were Commissioners Callen, Haggart, Marin, Royal, Wonch and Creamer.  Absent were Commissioners Christian and Duncan.

1.         Water Construction Alternatives (Customer Choice in the City of Lansing)

The following persons spoke in opposition to offering Water Customer Choice in the City of Lansing:

The following persons spoke in favor of offering Water Customer Choice in the City of Lansing:

Ø      Robin Smith, Building Committee Chairperson, reported on the Larry Mitchell Trice Sr. Outreach Center project.

Ø      Chad Husted, of Hirsch Construction and Construction Manager of the Pentecostal Outreach project.

Ø      Cindy Theresa Humes, Youth Pastor of Pentecostal Outreach Church.

Ø      Tracy Tipton of Pentecostal Outreach Church and the Larry Mitchell Trice Sr. Outreach Center.

General Manager Pandy gave an overview of the background of the Customer Choice program and commented on the program benefits.  He stated that the program allows a developer or property owner, on their own property to install water infrastructure, based on design and standards approved by the BWL, subject to BWL inspection.  Customers can control their own schedule and negotiate their own construction costs.  This allows flexibility and puts the customer in control of the competitive position.

The following members of the BWL Customer Choice Team commented on issues raised concerning water system security, quality of work, inspections, costs, workforce management, customer issues and process improvement issues:

General Manager Pandy reviewed a draft of a Memorandum of Understanding concerning the Water Customer Choice in the City of Lansing between Human Resources and IBEW.

Following discussion, it was moved by Commissioner Wonch, seconded by Commissioner Royal, to go into closed session to discuss a legal issue related to the Customer Choice Program (6:55 p.m.).

Approved by roll call vote:

Aye:     Commissioners Callen, Creamer, Haggart, Marin, Royal and Wonch -6

Nay:     None

Absent:  Commissioners Christian and Duncan.

 

The Committee of the Whole reconvened in open session at 7:09 p.m.

2.         Revised Rules and Regulations and Updated Utility Fees and Charges

The General Manager presented an overview of the recommended changes to the Rules and Regulations for Electric, Steam and Water.  The fees and charges have been adjusted based on the most recent cost experience.  A revised schedule of fees and charges for each of the utilities are included in the Rules and Regulations.

Complete copies of the Rules and Regulations, as amended, are filed with the Corporate Secretary.

RESOLUTIONS

The Committee of the Whole recommends the following resolutions:

Two Pilot Projects established Utilizing
Customer Choice WITHIN the City of Lansing

(Resolution #2002-5-7)

RESOLVED, That the Board of Water and Light undertake two pilot projects within the City of Lansing for a six-month period utilizing Water Customer Choice; they being the Pentecostal Outreach Church and the United Van Lines projects.

RESOLVED FURTHER, That staff is hereby directed to gather data with regard to the two pilot projects and establish a database as suggested by the IBEW Local 352 Customer Choice Proposal with regard to other “Choice” projects in outlying areas over the course of the next six months for the purpose of benchmarking all associated Customer Choice problems to ensure safety and construction quality in the water system.

RESOLVED FURTHER, That the Board of Water and Light not implement Water Customer Choice within the City of Lansing, with the exception of the two pilot projects, to provide the Commissioners sufficient time to evaluate, clarify and conclude that the program is working to the Board’s satisfaction according to the database and two pilot projects.  At the end of the six-month period, the Board will revisit the issue of Customer Choice and decide to either keep it and extend it into the City of Lansing, or do away with it altogether.


RULES AND REGULATIONS FOR ELECTRIC, STEAM AND WATER SERVICES
(Resolution # 2002-5-8)

RESOLVED, That the Board of Water and Light Rules and Regulations for Electric and Steam Services, as amended, are hereby approved, subject to final legal review, with an effective date of July 1, 2002.

RESOLVED FURTHER, That the Board of Water and Light Rules and Regulations for Water Service, as amended, are hereby approved with the stipulation that Rule 9 (Water Customer Choice Program) is to be rewritten to reflect the Board’s Resolution of May 28, 2002 relative to a Water Customer Choice Program in the City of Lansing.   (Amended language for Rule 9 is appended to the minutes – Exhibit C.)

The meeting adjourned at 7:25 p.m.

Respectfully submitted,
Charles M. Creamer, Chair Pro Tem
Committee of the Whole

[Commissioner Wonch joined the meeting by speakerphone at 5:50 p.m.]

Moved by Commissioner Creamer, seconded by Commissioner Haggart, that the Report of the Committee of the Whole be accepted as presented.

Action:  Carried unanimously.

Moved by Commissioner Creamer, seconded by Commissioner Haggart, on the approval of the resolution to Establish Two Pilot Projects Utilizing Customer Choice Within the City of Lansing (Resolution # 2002-5-7).

Discussion and Creation of a Special Committee:  Chairman Callen announced the creation of a Special Committee on Current Water Issues to look at water main construction concerns associated with the City’s combined sewer overflow (CSO) project and alleged problems with water line plugging, water system construction and inspection, meter installations, and fire hydrant issues.   Commissioner Marin will chair the special committee, which will also include Commissioners Callen and Haggart and representatives from both management and the union.

Commissioner Royal expressed her support on the formation of the special committee to study the water-related issues raised over the last several meetings.

Action:  Approved by roll call vote:

Aye:  Commissioners Callen, Christian, Creamer, Haggart, Royal, and Wonch (by speakerphone).

Nay:  None

Absent:  Commissioners Duncan and Marin.

Moved by Commissioner Creamer, seconded by Commissioner Haggart, to approve the Rules and Regulations for Electric, Steam and Water Services, as amended.  (Resolution # 2002-5-8).

Action:  Carried unanimously.


GENERAL MANAGER’S RECOMMENDATIONS

Background materials on items presented are on file in the Office of the Corporate Secretary.

Resolution # 2002-5-9
FIRST AMENDMENT TO DB AND DC PLANS

 

RESOLVED, That the First Amendment to the Lansing Board of Water and Light Defined Benefit Plan (DB) for Employee’s Pensions is hereby adopted effective as stated therein.

 

FURTHER RESOLVED, That the First Amendment to the Lansing Board of Water and Light Employees’ Defined Contribution (DC) Pension Plan is hereby adopted effective as stated therein; and

 

FURTHER RESOLVED, That the Chairman of the Board of Commissioners and the Corporate Secretary are hereby authorized to execute said First Amendments and related documents on behalf of the BWL.

 

Staff Remarks:  The amendment language for each plan is attached.  The receipt of favorable IRS determination letters for the DB and DC plans was reported to the Commissioners at their April 23, 2002 Board meeting.  There was a caveat in both letters regarding transportation fringe benefits (company paid parking, bus passes, etc).  The IRS wants the language added to each plan even though the BWL has no such benefit.

 

Moved by Commissioner Royal, seconded by Commissioner Haggart, that the resolution be approved.

Action:  Carried unanimously.


UNFINISHED BUSINESS

None.


NEW BUSINESS

None

RESOLUTIONS

None

GENERAL MANAGER'S REMARKS

Ottawa Station Development.  General Manager Pandy reported on the progress of the Ottawa Station project.  A package has been submitted by Mansur Real Estate Services containing a due diligence summary, feasibility study, preliminary cost estimate, proposed site plan and conceptual architectural drawings.  These materials have been forwarded to the Mayor’s Office for review.  Mr. Pandy reviewed a projected timetable for City commitment to the project and a list of required conditions.  He proposed a meeting in the near future to discuss the various issues that are the responsibility of the respective organizations; namely, BWL, City of Lansing, Mansur Real Estate Services and the State of Michigan.  This item was referred to the Committee of the Whole for review and discussion on responsibilities in conjunction with the  projected timetable.

Employee Satisfaction Survey.  General Manager Pandy reported that an Employee Satisfaction Survey has been distributed to all employees.  To ensure confidentiality, the employees have been instructed to mail the completed survey directly to MSI in a self-addressed envelope.  MSI plans to present the results by June 30th.

Linda Gardner Accepts Position at Ingham Regional Medical Center.  General Manager Pandy announced that Human Resources Director Linda Gardner was recruited for and offered the position of Chief Human Resources Officer at Ingham Regional Medical Center.  Ms. Gardner has accepted their offer of employment and is respectfully resigning her position with the Board of Water and Light.  Her last day of work will be June 14, 2002.  A copy of her resignation letter was distributed to the Commissioners.  The Commissioners accepted Ms. Gardner’s resignation with regret.

BWL Donates Safety Vests.  A letter of thanks was received from Grove Christian School for BWL donated traffic safety vests that were considered obsolete by MIOSHA for BWL use.  The vests were just right for the children who were involved in a “clean-the-highway” type of campaign.

Fuel Cell Technology Explored.  General Manager Pandy is meeting with Frank Colvin, Vice President of Fuel Cell Development for General Motors (GM) on May 29th to discuss possibilities for working with the BWL on fuel cell development.  This is an excellent prospect for environmentally, acceptable distributed sources of power generation.  General Motors believes this venture is commercially viable within a three to seven-year time frame.  The GM team is seeking a fuel cell application for a premier commercial UPS system and will work with BWL to obtain state money to fund such a project.  An interesting aspect GM is considering is a prototype community utilizing fuel-cell powered vehicles to park and plug into the home, which would also power the home.


COMMISSIONERS’ REMARKS

Commissioner Creamer echoed the comments made earlier in the meeting by Chairman Callen with regard to congratulating Human Resources Director Linda Gardner on her new position.


EXCUSED ABSENCE

By Commissioner Christian, seconded by Commissioner Royal, that the absences of Commissioners Duncan and Wonch be excused.

Carried unanimously.


PUBLIC COMMENTS

THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT.

No persons spoke.


ADJOURNMENT

There being no objection, the meeting adjourned by unanimous consent at 6:15 p.m.

 

 

 

/s/ Mary E. Sova, Secretary
Filed with Lansing City Clerk
May 31, 2002