Approved
by the Board: November 27, 2007
MINUTES
OF THE BOARD OF COMMISSIONERS REGULAR MEETING
_________________________
Tuesday,
September 25, 2007
_________________________
The Board of Commissioners met in
the Boardroom of the Administrative Offices,
Present: Commissioners Robert Cochran, Joseph
Graves, Semone James, Peter Kramer,
Absent: Commissioner Robin
Smith.
The Secretary declared a quorum
present.
Chairperson Rios asked all to
rise for the Pledge of Allegiance to the Flag.
Chairperson Rios called the
meeting to order at 5:30 p.m.
APPROVAL
OF MINUTES
By motion of Commissioner
Zerkle, seconded by Commissioner Cochran the minutes of the July 24, 2007
regular meeting were unanimously approved.
PUBLIC
COMMENT
THE CHAIR ANNOUNCED THAT MEMBERS
OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT AND
ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO IMMEDIATELY
PRIOR TO ADJOURNMENT.
There were no public comments.
COMMUNICATIONS
Letter from Joseph D. Davis,
Business Manager of IBEW Local 352 regarding, Changing of the Guard. The letter was presented at the July 24, 2007
Board meeting.
Received and placed on file.
Letter from an anonymous person
to J. Peter Lark, General Manager regarding actions taken on first day of
employment.
Received and placed on file.
COMMITTEE
REPORTS
Resolution
2007-9-1
COMMITTEE OF THE WHOLE
August 21, 2007
The Committee of the Whole of
the Board of Water and Light met at the Executive Offices, Lansing, beginning
at 5:30 p.m. on Tuesday, August 21, 2007.
Committee of the Whole Chair,
Semone James called the meeting to order and asked the secretary to call the
roll. The following members were
present: Commissioners Gary Calkins,
Joseph Graves, Semone James, Julee Rodocker, Robin Smith and Sandra Zerkle.
Absent: Commissioners Robert Cochran and
Public Comments
There were no public comments.
Update on Rules of Procedure
The
Board of Commissioners Rules of Procedure amended November 28, 2006 was
submitted to the City Attorney’s office for approval as to form. Upon approval, the item would then be sent to
City Council for consideration and final approval. As such, Brigham Smith, City Attorney
proposed several changes to the amended Rules of Procedure and discussed with
the Board of Commissioners the reasoning for said modifications relative to
style, substance and form. Upon further
discussion, the Committee of the Whole took the following actions:
On motion by Commissioner
Calkins, seconded by Commissioner Smith, the Committee of the Whole agreed to
remove section 13.1.1 from the amended Rules of Procedure.
Action:
Carried unanimously.
On motion by Commissioner
Calkins, seconded by Commissioner Smith, the Committee of the Whole agreed to
approve the Rules of Procedure as amended by City Attorney, Brigham Smith and
to move forward said item to the full Board for consideration and approval; at
which time it would then be resubmitted to City Council for final approval.
Discussion: The Commissioners further discussed whether
or not there was agreement with the authority that Mr. Smith stipulated during
their discussion of the rules and his explanation regarding various changes.
Action: Carried
unanimously.
Commissioner James introduced
the new Associate Internal Auditor, Perez Goree.
Replacing Alternate
Designated Rep for the Acid Rain Program was pulled from the agenda.
Replacement of MPPA Commissioners from BWL
Peter
Lark, General Manager noted that the primary reason for the change is to
replace the former Senior Vice President of Operations who is no longer with
the Board of Water and Light (BWL). The
commissioner and the alternates represent the BWL on the Michigan Public Power
Agency Board of Commissioners. As such,
George Stojic, Director of Strategic Planning and Development were recommended
as the BWL’s commissioner to MPPA. It
was also advised that Douglas Wood and David Bolan would remain as MPPA’s first
and second alternate commissioners, respectively.
On motion by Commissioner
Smith, seconded by Commissioner Graves, the Committee of the Whole agreed to
forward the proposed resolution to Authorize Naming of Commissioner to Michigan
Public Power Agency (MPPA) to the full Board for consideration.
Discussion: Mr. Lark confirmed that Mr. Stojic’s job
title is correct as of now. However, it
may change in the near future.
Action: Carried
unanimously.
Stonehouse III Property Development Project
Kellee
Christensen, Manager of System Integrity and Customer Projects advised that
Stonehouse III is a condominium development project in
On motion by Commissioner
Graves, seconded by Commissioner Rodocker, the Committee of the Whole agreed to
forward the proposed resolution for the Stonehouse III Development
Project: BWL Easement Transaction to the
full Board for consideration.
Action:
Carried unanimously.
National Safety Council Update
Pete
Thelen, Director of Safety reminded the Commissioners that in 2005 the National
Safety Council (NSC) audited the BWL and made a series of recommendations. The audit results became a roadmap that the
BWL is following in an effort to improve safety. The information in the packet materials
contains a list of twenty-one (21) priority items that the NSC recommended the
BWL improve. The list contains the activities,
target dates and milestones. The NSC
will be brought back to conduct another audit to substantiate the BWL efforts
and make any further comments and recommendations it deems appropriate. Mr. Thelen also advised the Commissioners of
the cooperation he has received from the IBEW and improved communications made
with employees. In addition, it was also
noted that it has taken the BWL a long time to achieve a safety culture.
General Manager’s Goals and Objectives
Peter
Lark, General Manager submitted a list of twenty-seven (27) goals and
objectives that included suggestions from himself, the Board of Commissioners,
and Dick Peffley’s previous objectives as Interim General Manager.
Commissioner Graves noted that
the list contains good ideas relative to strategic planning regarding new
generation and aging plants, which are two issues that should be addressed by
either Mr. Lark or George Stojic. He
also advised that the BWL needs a comprehensive plan that addresses the needs
of the state of
Mr. Lark notified the Board that
Mr. Stojic is in the process of developing a draft plan within the next
6-months that would address issues such as, renewable energy, energy
efficiency, purchasing power, etc. In
response to the Commissioners request to complete the draft in a shorter
timeframe, Mr. Lark asked Mr. Stojic to complete the plan in 5-months with a
note to the Board that he would request additional time to finish said draft if
necessary.
In addition, the Committee of the Whole also
discussed whether or not the objectives dated August 16, 2007 reflect the
measures that the Board would use to evaluate the General Manager’s
performance. After further discussion, the
committee suggested that Mr. Lark submit to the Human Resource Committee a
prioritized list of goals obtainable within a one-year timeframe.
On motion by Commissioner
Calkins, seconded by Commissioner Smith, the Committee of the Whole agreed to
approve the General Manager’s Objectives document dated August 16, 2007 and to
also have the General Manager prioritize the items.
Discussion: The Commissioners discussed the need for
criteria to be laid out in which to evaluate Mr. Lark. They also discussed the standard form that
the Commissioners traditionally use to evaluate the General Manager and other
appointees as well as the need to place the objectives within said format. The Committee of the Whole referred the
prioritization matter and the development of a suitable evaluation format to
the Human Resource Committee.
Upon further discussion,
Commissioner Smith introduced a friendly amendment to change the title of the
document from “General Manager’s Objectives” to “BWL Priority Focus” that the
General Manager will oversee. The amended
document will also be submitted to the full Board for consideration and
approval.
Commissioner Calkins accepted
the friendly amendment.
Action:
Carried unanimously.
Other
Interim
Director of Operations. The ‘interim’ title for the Director of
Operations position has been removed.
Dick Peffley has formally accepted the position, which may be changed to
Executive Director of Operations although, that decision has not yet been
made. Mr. Lark has worked closely with
Mr. Peffley who has an excellent working knowledge of Eckert and Erickson
Station. He also advised that with the
addition of Susan Devon, George Stojic, Dick Peffley and himself the BWL is
second to no other utility company in the state of
Lead Pipe Replacement.
Commissioner Calkins noted that he received a complaint that the BWL is
leaving lead pipe in the ground when working on lead pipe replacements. Staff noted that the BWL attempts to pull the
lead out through the ground as opposed to boring it. However, sometimes the lead will break
depending on its strength. After brief
discussion, Mr. Lark advised that he would note the matter regarding
Commissioner Calkins request for further clarification regarding the
aforementioned subject. He also notified
the Commissioners that the BWL is currently pricing a new truck for both lead
pipe removal and tree trimming, as he would like to accelerate the lead pipe
replacement program. In addition, Mr.
Lark verified that he has not reviewed the existing tree trimming
contract. However, he is looking to
increase BWL employee workload relative to tree trimming.
The Commissioners discussed
concerns surrounding tree-trimming issues and asked the General Manager to
review the matter for future consideration.
New Customer Load.
The BWL is expecting new electric and water load with the building of a
new 15-story condominium development project in downtown
The Commissioners noted the need
for further discussion regarding steam, the cross subsidization of said utility,
steam rates and the development of a strategic plan that takes those items into
account.
Executive Summaries.
The Commissioners asked that executive summaries and presenters names be
included with future presentations as a standard course of operation. In the past, it was found to be helpful when
meeting and/or receiving information from staff members.
MMEA.
The BWL rejoined the Michigan Municipal Electric Association (MMEA),
which will be very beneficial in moving forward to address the 90% mercury rule
and its affect on Eckert Station.
Proposed Revision to Public
Act 141. Mr. Lark is scheduled to meet with Frank
Accavitti, Chairman of the Energy and Technology Committee in the House of
Representatives to look at changing the decision date relative to the BWL’s
participation in deregulation. If the
BWL chooses to participate then the city of
Executive Report.
Commissioner Smith asked Mr. Lark to provide an executive report to the
Board of Commissioners that highlights various items on a monthly basis via
email. She also advised that if additional items arise then the Board would
want to be aware of those topics as well.
It was further noted that the executive report did not have to contain
explicit explanations relative to its content.
There being no further business, the meeting
adjourned at 8:11 p.m.
Respectfully
submitted,
Semone M.
James, Chair
Committee of
the Whole
Motion by Commissioner Zerkle, seconded by
Commissioner Rodocker, to receive the Committee of the Whole report as
presented.
Action: Carried
unanimously.
Resolution
2007-9-2
AD HOC COMMITTEE
September 11, 2007
The Ad Hoc Committee on
Workforce Development met at the Executive Offices, Lansing, beginning at 11:10
a.m. on Tuesday, September 11, 2007.
Ad Hoc Committee Chair, Sandra
Zerkle called the meeting to order and asked the secretary to call the
roll. The following members were
present: Commissioners Cochran, Santiago
Rios, Julee Rodocker (arrived at 11:21 a.m.) and Sandra Zerkle. Alternate committee member Joseph Graves (arrived
at 11:26 a.m.) was also
present.
Absent: None
Public Comments
There were no public comments.
Discuss Parameters of Workforce Development Committee
The
Ad Hoc Committee on Workforce Development met to discuss the committee’s
parameters. As such, various topics were
reviewed in relation to the development of the Board of Water and Light’s (BWL)
employee workforce. Listed below is a
brief summary of the topics addressed during said meeting.
Lineman shortage – It was
suggested that the BWL re-establish hiring entry level persons such as
groundsmen or truck drivers for a feeder program that would lead to a
journeyman apprenticeship. The in-house
program would provide employees the opportunity to show ability and aptitude
for the journeyman apprenticeship while allowing the BWL to address lineman
shortages with an internal program. It
was noted that recent BWL wage increases have mad hourly wage rates competitive
with other companies. However, there
might be issue with the BWL’s deferred compensation relative to other
utilities. In addition, it was
recommended that Denise Mulder, Human Resource Director seek non-monetary
enhancements unique to the lineman that would give them a sense of pride and
heightened value within the organization, i.e. lab coats, BWL shirts, etc. The Commissioners also suggested that Ms.
Mulder provide a list of possible items to the Board of Commissioners for
further consideration.
High School Partnerships – The
committee discussed the possibility of creating a partnership with the
Diversity – The committee
expressed a desire to incorporate diversity into workforce development,
recruitment of new hires, internal promotions, and procurement. It was noted that the committee would like
the BWL Diversity Coordinator to attend a future Ad Hoc Committee meeting for
further discussion on said topic. The
General Manager may also have to address purported issues of frustration and
lack of support from various supervisory levels relative to diversity
initiatives. In addition, it is the
committee’s desire to ensure that the BWL is reaching out to a diverse
population and that diversity is a part of the process.
Mr. Lark noted that in July 2007
Shan Shaw, Administrator/Diversity Omsbudmen was charged with the
responsibility of creating and submitting a diversity plan by November 4,
2007. Mr. Lark also advised that they
would be open to making sure that the BWL mirrors its community.
Ms. Mulder further reported
efforts by the Human Resource Department in an effort to draw a more diverse
population, which include broader recruitment forms, campus recruiting, posting
on college job boards, and increased electronic recruitment. The program will be finalized by January
2008.
Accurate and Valid Data – In
moving forward with developing and maintaining an adequate and well prepared
workforce, it is necessary to receive accurate and factual information. A cost benefit analysis is an essential tool
that would aid the Commissioners in making various decisions as they move
forward.
Contractor Work – The committee
suggested reviewing the economic feasibility of allowing external contractors
to do prime work for the Water Department.
To this regard, the broader scope of the committee is to re-evaluate the
BWL’s capacity and what it should be, make decisions, give direction, and
provide the resources and tools necessary for management to carry out the tasks
at hand. A request was also made to
receive definitive information from staff on the total number of dollars being
spent on contractor work. In addition,
it was noted that the Commissioners do not have enough sufficient information
to express a specific opinion on the direction the BWL should take relative to utility
rates and employee staffing levels.
Mr. Lark noted that the BWL is
in the process of securing two new trucks that will allow for the creation of a
tree trimming and water crew. The BWL
will hire 3-4 persons for each crew, which will allow for a decrease in work
currently awarded to outside contractors.
He also advised that the BWL is doing an outstanding job with tree
trimming. As the former Chairman of
Michigan Public Service Commission, they received a significant number of calls
regarding tree trimming, which is the nature of the utility industry. Mr. Lark also reported that they are ahead of
schedule with lead water replacements and the BWL is the only utility in the
country with such a program. The grogram
will eventually end and the BWL should be careful not to over hire for that
particular project; although there is no danger of over hiring in the Water
Department in and of itself. He further
noted that a good estimated employee count for the BWL would be 850 employees.
Energy Rates – It was advised
that the BWL electric rates are lower than Consumers Energy (CE) due to smart
investment decisions made within the last 5 – 10 years. CE’s rates are approximately 20% higher than
the BWL’s and they also have a rate increase before the MPSC for
$200,000,000. It was noted that based on
certain items the BWL’s rates should be lower than CE’s. However, there are infrastructure
improvements, water bond issues, environmental concerns, and future generation
needs that the BWL must address in the near future.
Combined Sewer Overflow (CSO)
Project – The BWL previously worked with the City of
Joint Technical Training Committee
(JTTC) – Dolores Appling, President IBEW Local 352 announced that the BWL held
its second JTTC meeting and they are in the process of sending surveys (due in
30 days) to assess departmental training needs.
Department Training Committees are also being formed who will aid in
determining respective departmental training needs. In addition, two
After further discussion, the Ad
Hoc Committee expressed its pleasure with the direction and optimism of the
meeting. They also agreed to meet on a
monthly basis and directed staff to report on the above items at the next
meeting, which will be scheduled for October 2007.
There being no further business,
the meeting adjourned at 12:51 p.m.
Respectfully
submitted,
Sandra
Zerkle, Chair
Ad Hoc
Committee
Motion by Commissioner James, seconded by
Commissioner Cochran, to receive the Human Resource Committee report as
presented.
Action:
Carried unanimously.
Resolution
2007-9-3
September
13, 2007
The
Human Resource Committee of the Board of Water and Light met at the Executive
Offices, Lansing beginning at 4:10 p.m. on Thursday, September 13, 2007.
Human
Resource Committee Chair, Julee Rodocker called the meeting to order and
initially received information from staff.
The Chair asked the secretary to call the roll after a quorum of members
was available at 4:38 p.m. The following
committee members were present:
Commissioners Robert Cochran, Julee Rodocker, and Sandra Zerkle (arrived at 4:38 p.m.).
Absent: Commissioner Joseph Graves.
Public
Comment
There
were no public comments.
General Manager Goals 2007-08
The
Committee of the Whole met August 21, 2007 and directed J. Peter Lark, General
Manager to submit a list of goals and objectives to be used in his performance
evaluation for fiscal year end 2008. As
such, Mr. Lark submitted the following items in response to the committee’s
direction. He also advised the Human
Resource (HR) Committee that he has reviewed the evaluation materials forwarded
to him, and he is fine with whatever evaluation tool the Board agrees to
utilize.
General
Manager Goals FY 2007-08
1. Improve relations between management and the
workforce, with particular emphasis on developing a more congenial and
productive relationship with the union.
Eliminate “Management vs.
2. Improve external relations – develop a
greater community presence by supporting key components of our community (e.g.
Sparrow Foundation and educational resources.)
3. Improve relations with our fellow municipal
utility entities, in particular the MMEA and the MPPA.
4. Re-visit the decision to withdraw from the
MPPA Power Pool.
5. Prepare draft Strategic Plan for the potential
development of added generation resources on the BWL system.
6. Work to reverse preliminary MDEQ mercury
ruling that as of 2015 will effectively limit BWL to the operation of two of
the three smaller units at Eckert, and none of the three larger units.
7. Continue working with
8. Make recommendation for water bonding.
9. Develop economic development policy for
existing and new customers.
Commissioner Rodocker noted that
the Human Resource Committee would reach consensus regarding, which evaluation
tool to use for the General Manager and will notify him accordingly. It was further advised that the Board of
Commissioners is attempting to utilize a forward thinking tool as they advance
with the evaluation process.
Denise Mulder, Human Resource
Director advised that it is easy for Board appointees to be forgotten because
they are not a part of the Board of Water and Light’s (BWL) evaluation
process. The BWL conducts performance
evaluations after the close of the fiscal year.
However, the appointees are on a contractual basis, which does not
coincide with the fiscal period. As
such, the Commissioners may want to consider altering the next contract length
to allow the appointees performance reviews to fall within the BWL fiscal year
cycle so that all reviews would take place at the same time. Ms. Mulder also noted that the HR Department
is presently modifying their performance review format. Once finalized the HR Department could
forward a copy of the format to the Board of Commissioners to consider using as
a tool for the appointees, except for the General Manager who would typically
have a slightly different format. The
new format will be in place for the July 1, 2008 review cycle.
After further discussion, the
Human Resource Committee took the following actions:
On motion by Commissioner
Cochran, seconded by Commissioner Zerkle, the Human Resource Committee
recommended that the full Board approve the suggestion to place the appointees
in the BWL system and adjust the contracts accordingly in each case and to also
evaluate the new Human Resource Department form after it has been revised to
see if it will work for the Board of Commissioners. In the meanwhile, it was further recommended
that the Board continue to use its existing evaluation form until further
notice.
Action:
Carried unanimously.
On motion by Commissioner
Cochran, seconded by Commissioner Rodocker, the Human Resource Committee agreed
to approve the General Manager’s Goals for Fiscal-Year 2008 as submitted. The item will be forwarded to the full Board
for consideration and approval.
Action:
Carried unanimously.
Discuss Six-Month Review Process for the Director of
Internal Audit
Susan
Pifer, Director of Internal Audit began work at the BWL on March 26, 2007. As such, her six-month anniversary date is
September 26th. Presently, the HR Committee is not scheduled
to meet again until November 10th, which would be Ms. Pifer’s
7½-month anniversary. After brief
discussion, the HR Committee agreed to schedule another meeting for October
2007 in order to conduct the Director of Internal Audit’s six-month performance
review in a timely manner. It was also
noted that the Board would utilize the same format as was used for the
Corporate Secretary. In addition, Wendy
Bradley, HR
System Consultant will
process the evaluation materials and compile the results on behalf of the Board
of Commissioners. Ms. Pifer will also
forward a copy of her performance factors to the HR Department.
The HR Committee agreed to
schedule another meeting for Tuesday, October 9th at 11:00 a.m. for
the purpose of conducting the Director of Internal Audit’s six-month
performance review.
Annual Performance Review of Corporate Secretary
Rhonda
Jones, Corporate Secretary and Board appointee requested a closed session for
the purpose of receiving her contractual year-end performance evaluation as
permitted by Open Meetings Act exemption MCL 15.268(a). (4:55 p.m.)
The roll was called.
Yeas: Commissioners Cochran, Rodocker, and Zerkle.
Nays: None.
Absent: Commissioner Graves.
Carried unanimously.
Moved by Commissioner Zerkle,
seconded by Commissioner Cochran that the Human Resource Committee returns to
open session.
Carried unanimously.
The Human Resource Committee
meeting reconvened in open session at 5:12 p.m.
Upon conclusion of the closed
session, the Human Resource Committee took the following actions:
On motion by Commissioner
Cochran, seconded by Commissioner Zerkle, the Human Resource Committee
recommends to the full Board changing the cycles to agree with the company
cycle, which represents reviews in August for the three appointees and adjust
the contracts accordingly.
Action:
Carried unanimously
On motion by Commissioner
Cochran, seconded by Commissioner Zerkle, the Human Resource Committee
recommends to the full Board that Rhonda Jones be reappointed as Corporate
Secretary and that her wage be raised by 3.25% effective July 23, 2007.
Discussion: Ms. Mulder recommended July 23, 2007 as the
effective date of the wage increase, as it coincides with Secretary Jones’
anniversary date.
Action:
Carried unanimously.
There being no further business,
the meeting adjourned at 5:19 p.m.
Respectfully
submitted,
Julee
M. Rodocker, Chair
Human
Resource Committee
Motion by Commissioner Kramer, seconded by
Commissioner Cochran, to receive the Human Resource Committee report as
presented.
Action:
Carried unanimously.
Resolution
2007-9-4
COMMITTEE OF THE WHOLE
September 18, 2007
The Committee of the Whole of
the Board of Water and Light met at the Executive Offices, Lansing beginning at
5:30 p.m. on Tuesday, September 18, 2007.
Committee of the Whole Chair,
Semone James called the meeting to order and asked the secretary to call the
roll. The following members were
present: Commissioners Robert Cochran,
Semone James, Peter Kramer, Santiago Rios, Julee Rodocker, Robin Smith, and
Sandra Zerkle.
Absent: Commissioner Joseph Graves
Public Comments
There
were no public comments.
Designated Development Fund
J.
Peter Lark, General Manager presented a proposed resolution in which staff
sought approval for the creation of a designated development fund. The establishment of the fund would allow the
Board of Water and Light (BWL) to take steps towards addressing future
infrastructure needs. It was noted that
the proposed resolution would also represent the Board’s acceptance of the fund
in theory with staff recommended guidelines to follow.
The Committee of the Whole discussed
the creation of the designated development fund and generally supported what is
believed to be a good visionary idea.
However, committee members expressed a desire to receive additional
information and explanation regarding the theory of the fund, future funding
options, whether or not the fund should be a part of the operations and
maintenance budget, guidelines that speak to the specific purpose of the fund,
and verbiage changes to the proposed resolution. The committee also expressed concern regarding
the characterization of the funds as excess, rather than a more accurate
terminology such as unallocated. After
further discussion, the committee directed staff to provide additional
information and re-present the proposal pending changes to the original
resolution.
Utility Rate Adjustments
Susan
Devon, Chief Financial Officer presented a proposed resolution regarding a
public hearing concerning electric, water, and steam rate increases. The resolution proposed rate increases (of
electric 4%, water 6%, steam 6%) similar to what was approved in the fiscal
year 2008 budget on May 22, 2007.
However, in addition to the original 4% electric rate increase, staff
proposed an additional 1% electric rate change, whereas, the increase would
help mitigate budgeted net losses and future infrastructure concerns. It also was noted that the BWL has certain
statue guidelines that it must follow in order to propose and approve utility
adjustments. Therefore, the proposed
resolution was presented in an effort to move forth a public hearing so that
rate changes may take effect January 1, 2008.
The committee members discussed
the proposed resolution and explained to staff past practice whereas, staff
would typically present various rate cases and supporting documentation to the
Finance Committee, which would also include a PowerPoint presentation. It was also noted that although the fiscal
year 2008 budget was passed with the aforementioned rate changes, the Board of
Commissioners would like to receive additional data in order to determine if
the budgeted rate adjustments should be modified. The committee also asked staff to present a
budget that does not have a net loss in the first or second fiscal year. After further discussion, Commissioner James
recommended that the matter be referred to the Finance Committee. Staff was also advised that they could
request a special Finance Committee meeting if deemed necessary.
In response to the committee’s
comments, Mr. Lark noted that staff attributed some strength to the fact that
the Board previously approved the rate changes in theory at the May 22, 2007
board meeting. Nevertheless, he advised
the committee that staff would present the requested information at the next
Finance Committee meeting, as directed by the Committee of the Whole. It was also clarified that by doing so, there
is a possibility that the rate change will not take effect January 1, 2008 as
originally anticipated. And in response
to a request to see capital outlays, Mr. Lark noted that they are presently
unable to estimate capital outlay costs relative to possible future
infrastructure projects at this time.
Agenda Items for
The
committee briefly reviewed the agenda items for the Joint BWL/City Council
meeting scheduled for Thursday, September 27, 2007 at 11:30 a.m. located in the
boardroom at
Management Updates:
Tree
Trimming – Dick Peffley,
Executive Director of Operations gave a brief update regarding tree
trimming. It was noted that Wright Tree
Service presently has seven (7) trucks/crews servicing BWL territories. However, that number should be reduced to
five (5), as the BWL will have a company sponsored crew and the City of
Community Sponsorships – Cheval Breggins, Communications/Public
Relations Representatives gave a brief update of community sponsorships for
fiscal year to date 2008. The update
provided information relative to sponsorship requests that were either approved
and/or denied as well as a list of upcoming events that contain BWL
involvement.
Other
New
Commissioner. Commissioner James introduced Peter W. Kramer
as the latest addition to the Board of Commissioners.
Legal Updates. Commissioner
Smith asked that Brandie Ekren, Associate Attorney provide an update to the
Board on the Joseph Pandy legal matter at a future date.
There being no further business,
the meeting adjourned at 7:10 p.m.
Respectfully
submitted,
Semone
James, Chair
Committee of
the Whole
Motion by Commissioner James, seconded by
Commissioner Cochran, to receive the Committee of the Whole report as
presented.
Action:
Carried unanimously.
Resolution
2007-9-5
FINANCE COMMITTEE
September 19, 2007
The Finance Committee met at the
Executive Offices, Lansing beginning at 4:00 p.m. on Wednesday, September 19,
2007.
Finance Committee, Robin Smith
called the meeting to order and asked the secretary to call the roll. The following members were present: Commissioners Semone James, Peter Kramer, and
Robin Smith. Alternate committee member
Robert Cochran was also present.
Absent: Commissioner
Public Comments
There
were no public comments.
FY 2007 Audited Financial Statements: Enterprise & Trust Funds
Doug
Rober, Managing Partner and Kristine Latchaw, Audit Manager of Plante &
Moran were introduced to the Finance Committee.
The auditors were present to review the year-end June 30, 2007 Audited
Financial Statements for the Board of Water and Light (BWL) Enterprise
Funds. Final copies of the audited
reports were distributed, in addition to copies of the auditor and management
letters, and copies of supplemental materials for Plante & Moran’s
presentation. Mr. Rober briefly reviewed
the auditor letter and noted that samples of the organizations high risks areas
were taken in order to provide an unqualified opinion. The letter also sited sensitive accounting
estimates regarding the North Lake Lansing and
·
Known
misstatements: To record accounts
payable that was not accrued at year-end due to late-arriving invoices or
receiving's
·
Estimate
Adjustments: To adjust outstanding CSO
liability to calculated amount based on actual costs incurred to date on
project and;
·
To
record IBNR liability for worker’s compensation self-insurance
·
Implied
Adjustments: None
Kristine Lachaw noted that all
four reports that include the Enterprise Fund, Defined Benefit Plan, Pension Plan
and the Retiree Benefit Plan and Trust were unqualified opinions, which is the
highest rating that Plante & Moran could give. Ms. Lachaw reviewed the graphical information
contained within the supplemental report that addressed the following topics
·
Comparison
of Operating Revenue by utility category from 2004 – 2007.
·
Comparison
of Operating Expenses by expense category from 2004 – 2007.
·
Comparison
of Significant Power Costs from 2003 – 2007.
·
Comparison
of Operating Income (Loss) from 2003 – 2007.
·
Comparison
of Kilowatt Hours Generated Versus Purchased from 2003 – 2007.
·
Comparison
of Sales Source of Kilowatt Hours Generated from 2003 – 2007.
·
Comparison
of Bond Debt Service Requirements from 2007 – 2012.
Doug Rober briefly reviewed the
Statement of Net Assets for the Enterprise Fund and noted that the accruals are
consistent with no new disclosure requirements, as they are similar to what
they were in the past.
Kristine Latchaw also reviewed
Plante & Moran’s management letter comments, which also include BWL
management responses. A brief summary of
the manager comments are presented below:
New Auditing Standards – There were changes made to the auditing
rules in 2006. The new standards
significantly change how audits are conducted and communicated to the Board of
Commissioners. In addition, the new
standards will also bring nonpublic companies and governmental bodies into
closer alignment with organizations currently under Sarbanes-Oxley. As part of the new guidelines, Plante &
Moran also reported that they are not aware of any significant deficiencies in
account procedures or internal controls.
Therefore, nothing was reported.
In addition, as a result of the new rules Plante & Moran will also
work with management in reviewing and documentation of internal controls. In response to a committee question, Ms.
Latchaw noted that the presentation materials will not change. However, time spent will increase and become
more staggered throughout the year as opposed to primary year-end auditing
work.
Commissioner Smith asked that
Plante & Moran provide guidance to Susan Pifer, Director of Internal Audit,
as this will be a new process for the BWL.
She also asked that it be communicated to the general public and City
Council so as to ensure that the changes being made are not result of BWL past
practice.
Stores Inventory – The BWL conducts cycle counts of
stores inventory items throughout the year.
It was determined that cycle counts and system records are not
sufficient for a year-end inventory, and physical year-end inventories are
costly. Therefore, it was recommended
that staff and the Internal Audit Department develop a cycle counting system
that meets all reporting and auditing needs.
Journal Entry Review and
Approval – It was
reported that several journal entries did not reflect evidence of a
reviewer. As such, it was recommended
that the BWL maintain adequate documentation of the review being performed, as
it will aid in the implementation of the new auditing standards previously
discussed.
Capital Assets – Capital assets are the primary asset on
BWL financial statements. Therefore, it
is essential that they possess a thorough understanding of the assets, and that
management and accounting staff reviews all procedures and internal control process
related to said topic. It was also noted
that self-constructed assets are difficult and audit risky because of the time
and materials included and the possibility of manipulating those figures. Therefore, the process used relative to those
items should be consistent with generally accepted accounting principles.
Accounting for Derivatives – If the BWL decides to withdraw from the
MPPA Power Pool and enter into arrangements with more risk then it could be
considered derivatives for accounting purposes.
Therefore, should the BWL engage in instruments designed to leverage or
hedge risk in an effort to ear a higher return on power sales; then it should
consider guidance from an outside third party to assist in implementing the
accounting and internal control procedures.
Business Continuation
Planning – The BWL has a
significant number of persons who are nearing retirement. It is critical that the BWL continue to take
steps to plan and implement a business continuation plan to prepare for the
departure of key personnel.
RFP for Investment and Banking Services
Susan
Pifer presented a proposed Finance Committee action, which indicated a change
in committee members from Sue Flores, Charles Moore and Susan Pifer to Sue
On motion by Commissioner
James, seconded by Commissioner Cochran, the Finance Committee agreed to adopt
the proposed committee action pertaining to the changes regarding the
Subcommittee Plan.
Action:
Carried unanimously.
Sarbanes-Oxley Subcommittee
Ms.
Pifer presented a proposed Finance Committee action whereas, she and Sue Devon,
Chief Financial Officer will co-chair a subcommittee to study Sarbanes-Oxley or
a equivalent internal controls implementation; and make a recommendation to the
Finance Committee in November 2007 regarding said findings.
Ms. Pifer also provided
information regarding a one-day seminar in Metro Detroit, Michigan entitled,
“Sarbanes-Oxley Benefiting from Compliance”.
The information was forwarded to the Board of Commissioners and various
staff persons to determine their level of interest in attending.
On motion by Commissioner
James, seconded by Commissioner Cochran, the Finance Committee adopted the
proposed committee action recommending the formation of a Sarbanes-Oxley
Subcommittee with recommendations to be made to the Finance Committee in
November 2007.
Action: Carried
unanimously.
Signature Authorizations
Sue
Devon presented four proposed signature authorization resolutions necessary due
to recent BWL staff and job title changes.
The Finance Committee took the following actions:
On motion by Commissioner
Cochran, seconded by Commissioner James, the Finance Committee agreed to
approve the Authority to Sign Checks resolution and forward it to the full
Board for consideration and approval.
Action:
Carried unanimously.
On motion by Commissioner
Cochran, seconded by Commissioner Kramer, the Finance Committee agreed to
approve the Delegation of Authority resolution and forward it to the full Board
for consideration and approval.
Action:
Carried unanimously.
On motion by Commissioner
Cochran, seconded by Commissioner Kramer, the Finance Committee agreed to
approve the Authority to Invest Operating and Pension Funds resolution and
forward it to the full Board for consideration and approval.
Action:
Carried unanimously.
On motion by Commissioner
Cochran, seconded by Commissioner Kramer, the Finance Committee agreed to
approve the Automated Transaction Clearing House (ACH) Policy resolution and
forward it to the full Board for consideration and approval.
Action:
Carried unanimously.
Other
Commissioner
Smith noted that she intends to recommend to the Executive Committee that they
consider forming an Audit Committee so that they may separate Finance and Audit
Committee items respectively.
There being no further business,
the meeting adjourned at 4:54 p.m.
Respectfully
submitted,
Robin M.
Smith, Chair
Finance
Committee
Motion by Commissioner Rios, seconded by
Commissioner Cochran, to receive the Finance Committee report as presented.
Action:
Carried unanimously.
Resolution
2007-9-6
EXECUTIVE COMMITTEE
September 20, 2007
The Executive Committee of the
Board of Water and Light met at the Executive Offices, Lansing beginning at
4:00 p.m. on Thursday, September 20, 2007.
Executive Committee Chair,
Santiago Rios called the meeting to order and asked the secretary to call the
roll. The following members were
present: Commissioners Robert Cochran,
Semone James, Santiago Rios, and Robin Smith.
Absent: None
Public Comments
There
were no public comments.
Board of Commissioners Budget
The
Executive Committee reviewed and discussed the Board of Commissioners budget
update for fiscal year to date 2008.
Following their discussion, the Executive Committee directed Susan
Pifer, Director of Internal Audit to review the Commissioner’s budget to ensure
that the correct budget items are allocated to the appropriate responsibility
areas (RA). They also asked Ms. Pifer to
specifically review the cost and budget allocations associated with the
Collaborative Economic Development Hope Loan and cellular phone costs. In addition, the committee asked that an
itemized expense report be included with future Board budget updates.
In response to a committee
question, J. Peter Lark, General Manager noted that employees are allowed to
utilize Board of Water and Light cell phones for personal use, provided they do
not engender additional costs.
Review Process for Expense Reports
The
Executive Committee reviewed the budget updates and expenses reports for Board
appointed employees. Ms. Pifer noted
that she intends to interview two firms in response to the RFP for the SAP
Controls Assessment. As a result, the
Board will be invited to sit in on the interviews if they choose to do so. In response to a committee question, staff
was unsure if the BWL currently has a policy denoting a preference for local or
Discuss Board of Commissioners Retreat
The
Executive Committee discussed the possibility of holding a Board retreat in
which the Board of Commissioners and executive staff would have opportunity to
discuss recent and future changes as well as the strategic plan. It was suggested that the BWL conduct a 2-day
retreat in which the Board of Commissioners would meet to discuss various
issues on day one and then meet with executive staff on day two. After brief discussion, the Executive
Committee took the following action:
On motion by Commissioner
James, seconded by Commissioner Cochran, the Executive Committee agreed to
support the development of a cost effective 2-day Board retreat in which the
Commissioners would meet together on day one and management would meet with the
Board of Commissioners on day two.
Action:
Carried unanimously.
Upon further discussion, the
Executive Committee also agreed that a facilitator would be helpful in giving
input on the strategic plan and maintaining focus during the Commissioners
session. In addition, it also appears
that a facilitator may not be necessary during the second phase of the retreat
with the Board of Commissioners and executive staff. However, the committee agreed to allow
Commissioner Rios to work with Secretary Jones in planning the retreat as such,
a proposal will be submitted to the Executive Committee at the next meeting.
Discuss Legal Review Process
The
Executive Committee agreed to table the legal review process discussion until
further notice.
Other
The
General Manager provided Executive Committee with information pertaining to a
potential business deal with the City of
There being no further business,
the meeting adjourned at 5:28 p.m.
Respectfully
submitted,
Executive
Committee
Motion by Commissioner James, seconded by
Commissioner Cochran, to receive the Executive Committee report as presented.
Action:
Carried unanimously.
MANAGER’S
RECOMMENDATIONS
Resolution 2007-9-7
|
A. |
Naming of Commissioner
to Michigan Public Power Agency |
RESOLVED,
That George Stojic, Executive Director of Strategic Planning and Development,
be named as the BWL commissioner to MPPA; and
RESOLVED FURTHER, That Douglas
Wood and David Bolan remain as MPPA’s first alternate commissioner and second
alternate commissioner, respectively.
--------------------
Staff
Comments: The change of primary commissioner is
necessary to replace William Cook Jr. who is no longer employed at the
BWL. The commissioner and the alternates
represent the BWL on the MPPA Board of Commissioners. The alternates represent the BWL in the event
the commissioner is not available.
--------------------
Motion by Commissioner Rios, seconded by
Commissioner Rodocker, to adopt Resolution 2007-9-7 for the Naming of
Commissioner to Michigan Public Power Agency.
Action:
Carried unanimously.
Resolution 2007-9-8
|
B. |
Stonehouse III
Development Project: BWL Easement Transactions |
RESOLVED, That the Board of
Commissioners hereby authorize the General Manager to release the easements
related to the Stonehouse III development project as presented at the August
21, 2007, Committee of the Whole meeting, provided the Lansing Board of Water
and Light receives adequate easements to meet its operational needs upon the
General Manager’s review.
--------------------
Staff Comments: Stonehouse III, LLC and the City of
--------------------
Motion by Commissioner Rios, seconded by
Commissioner James, to adopt Resolution 2007-9-8 for the Stonehouse Development
Project: BWL Easement Transactions.
Action:
Carried unanimously.
Resolution 2007-9-9
|
C. |
Fiscal Year 2007
Audited Financial Statements |
RESOLVED,
That the fiscal year 2007 Audited Financial Statements for the Board of Water
and Light Enterprise Fund have been reviewed and is hereby accepted as
presented.
FURTHER RESOLVED, That the Corporate
Secretary is hereby directed to file a copy of the fiscal year 2007 Audited
Financial Statements of the Board of Water and Light Enterprise Fund and the
report on auditing procedures with the State Treasurer as required by the
Uniform Budgeting and Accounting Act (Public Act 2 of 1968, as amended) no
later than December 31, 2007.
FURTHER RESOLVED, That the
Corporate Secretary is hereby directed to file a coy of the fiscal year 2007
Audited Financial Statements of the Board of Water and Light Enterprise Fund
with the City of Lansing no later than October 15, 2007.
--------------------
Motion by Commissioner Cochran, seconded by
Commissioner James, to adopt Resolution 2007-9-9 for the Fiscal Year 2007
Audited Financial Statements.
Action:
Carried unanimously.
Resolution 2007-9-10
|
D. |
Authority to Sign
Checks |
RESOLVED, That Board of Water
and Light Policy 1-01 “Authority to Sign Checks” is hereby amended as follows:
The signatures of not less than two
(2) of the following officers shall be required to sign checks for the general
checking account at National City Bank and the payroll/pension checking account
at Standard Federal Bank.
1. General Manager
2. Chief Financial Officer
3. Corporate Secretary
This resolution supersedes
Resolution 2004-01-07.
--------------------
Staff
Comments: Due to organizational and title changes, this
resolution is necessary to incorporate the new title of Chief Financial
Officer.
--------------------
Motion by Commissioner James, seconded by
Commissioner Zerkle, to adopt Resolution 2007-9-10 for the Authority to Invest
Operating and Pension Funds.
Action:
Carried unanimously.
Resolution 2007-9-11
|
E. |
Delegation of
Authority |
RESOLVED, That Board of Water and
Light Policy 1-03 “Delegation of Authority” is hereby amended as follows:
In the General Manager’s
absence, the officers listed below shall have the full authority and
responsibility for Board of Water and Light (BWL) operations, in the order in
which they are listed, or as otherwise designated by the General Manager.
1. Executive Director of
Operations.
2. Chief Financial Officer
This resolution supersedes
Resolution 2004-01-09.
--------------------
Staff
Comments: Due to organizational and title changes, this
resolution is necessary to incorporate the new title changes.
--------------------
Motion by Commissioner Graves, seconded by
Commissioner Cochran, to adopt Resolution 2007-9-11 for the Delegation of
Authority.
Action:
Carried unanimously.
Resolution 2007-9-12
|
F. |
Authority to Invest
Operating and Pension Funds |
RESOLVED, That Board of Water
and Light Policy 7-01 “Authority to Invest Operating and Pension Funds” is
hereby amended as follows:
RESOLVED, That the General
Manager and/or one of the following designated representatives in the sequence
listed below, shall be authorized to invest operating and pension funds in such
securities as permitted by law and to purchase, sell, sign and endorse for
transfer, certificates representing said securities and invested in the name of
the Board of Water and Light (BWL):
1. Chief Financial Officer
2. Manager of Finance and Planning
The Revenue Bond Act of 1933 (PA
94 of 1933, MSA 5.2731), as amended, and BWL Bond Resolution 89-10-3 govern and
restrict the investment of BWL operating funds.
Pension funds are governed by the Public Retirement System Investment
Act (MCL 38.1132 et seq.), as amended.
This resolution supersedes
Resolution 2004-01-10.
--------------------
Staff
Comments: Due to organizational and title changes, this
resolution is necessary to incorporate the Chief Financial Officer title.
--------------------
Motion by Commissioner Graves, seconded by
Commissioner Cochran, to adopt Resolution 2007-9-12 for the Authority to Invest
Operating and Pension Funds.
Action:
Carried unanimously.
Resolution 2007-9-13
|
G. |
Automated Transaction
Clearing House (ACH) Policy |
WHEREAS, Act No. 738 of the
Public Acts of 2002 authorizes the use of electronic transactions by designated
officers of the Board of Water and Light; and
WHEREAS, the Board of
Commissioners deems that it is in the best interest of the Board of Water and
Light to make certain financial transactions by using electronic transactions
as described in the Act.
RESOLVED, That the Board of
Water and Light is authorized to utilize electronic transactions in compliance
with written procedures and internal controls developed and recommended by the
Chief Financial Officer and presented to the Commissioners as Electronic Transactions
Procedures on this date.
Authority
The Chief Financial Officer may
enter into ACH or electronic transaction agreements.
Responsibility
The Chief Financial Officer
shall be responsible for establishing all ACH and electronic transaction
arrangements, including payment approval, accounting, reporting, and overseeing
compliance. The Chief Financial Officer
shall be responsible for documentation detailing the goods of services
purchased, the cost of the goods or services, the date of the payment, and the
responsibility area and account charged.
This information is contained in the BWL electronic general ledger
software system and is available upon request.
Internal Controls
Electronic transactions are used
to pay federal income tax withholding, FICA taxes, state income tax
withholding, state sales tax and fees paid to credit card processors and other
third party payment processors.
Electronic transactions are used to process automatic bank deposits for
employee payroll and retiree pension payments.
Electronic transactions are used to deposit payments from customers via
credit card or other third-party payment processors. Currently, only payments initiated by General
Accounting or deposits processed through Remittance Processing are transacted
electronically. In the future, if the
volume of electronic payments demands it, additional internal controls may be
desired. For the present, the following
two rules are sufficient”
1. Payments made electronically are approved
by the Supervisor or Manager responsible for approval and payment. The Manager sends the notice or invoice to
Accounts payable prior to the date payment is requested. The Chief Financial Officer shall approve all
electronic transactions before payment is made.
Both approvals shall reside in General Accounting voucher files along
with copies of the payment advices.
2. Payments received electronically from
others are recorded in the daily bank statements. The cash receipts journal kept by Remittance
Processing contains the payee, date and amount of each transaction. These records are contained in the electronic
general ledger software system and are available upon request.
This resolution supersedes
Resolution 2004-01-11.
--------------------
Staff
Comments: Due to title changes, this resolution is
necessary to incorporate the Chief Financial Officer title. Everything else remains the same.
--------------------
Motion by Commissioner Graves, seconded by
Commissioner James, to adopt Resolution 2007-9-13 for the Automated Transaction
Clearing House (ACH) Policy.
Action:
Carried unanimously.
Motion by Commissioner Cochran, seconded by
Commissioner James, to amend the September 25, 2007 Board meeting agenda to
include the following resolutions: Larch
Substation To Be Declared Surplus and Honoring Joseph D. Davis.
Action:
Carried unanimously.
Resolution 2007-9-14
H. LARCH SUBSTATION TO BE DECLARED SURPLUS
DECLARE BOARD OF WATER AND LIGHT
(BWL) PROPERTY AT
WHEREAS, the following described
Larch Substation Property, located on the west side of North Larch Street north
of North Street in Lansing, Ingham County, Michigan, has been identified as
surplus and no longer needed for the operation of the Board of Water and Light
(BWL);
City of Lansing Parcel Number
33-01-01-09-235-031 described as LOTS 30 THRU 34 INCLUSIVE
EXC. THAT PART LYING W. OF A LINE COMM. 15.28 FT E. OF THE S.W. COR. OF LOT 30;
TH. N 10°24’32” E TO A POINT ON N. LINE OF LOT 32 THAT IS 34.36 FT E. OF THE
N.W. COR. OF SAID LOT; TH. N 10°24’32” E 47.9 FT.; TH. N 54° 50’ 51” E 30.35
FT. TO THE N. LINE OF LOT 34, EXC. THE N. 4.25 FT. OF
WHEREAS, the BWL has been contacted by an adjacent property owner interested in purchasing the property; and
WHEREAS, upon approval of the
property as surplus by the Board of Commissioners, the BWL will proceed to
dispose of the property in accordance with current BWL “Property Disposal
Procedures;”
RESOLVED, that the Board of
Commissioners hereby declares the above described North Larch Substation
property as surplus and no longer needed for Utility purposes and approves the
sale of the property in accordance with current BWL “Property Disposal
Procedures.”
RESOLVED FURTHER, that the
General Manager and Corporate Secretary are authorized to sign all documents
necessary to dispose of this parcel, subject to approval of the BWL Legal
Department.
FURTHER RESOLVED, That this sale
is expressly conditioned upon compliance with the Lansing City Charter or
Codified Ordinances of the City of Lansing, including approval of the sale by
the Lansing City Council.
Staff Commentary: This parcel was identified by staff in
both the 2002 and 2006 Property
Utilization Studies as no longer needed for BWL operations. Most of this
real estate parcel was acquired by deed in 1930. In 1964, the northern
part of this property was acquired from the State Highway Commissioner.
Also in 1964, the western portion of the land acquired in 1930 was sold to the
Michigan State Highway Department. Salvageable materials and equipment
have been removed from the brick electrical substation building and the fenced
substation yard located to the west of the substation building.
-------------------
Comments: Doug Wood, Director of Engineering also
advised the Board of Commissioners that the adjacent property owner who intends
to hire additional staff is interested in purchasing the
Motion by Commissioner Rios, Commissioner
Cochran, to adopt Resolution 2007-9-14 for the Larch Substation to be Declared
Surplus.
Action:
Carried unanimously.
UNFINISHED
BUSINESS
There was no unfinished
business.
RESOLUTIONS
Resolution
2007-9-15
GENERAL MANAGER’S FISCAL 2007-08 GOALS
WHEREAS,
the Board of Commissioners met with the Director and General Manager on August
21, 2007 and September 13, 2007 in order to discuss and establish his
performance objectives for Fiscal Year 2007-08.
RESOLVED, That the Fiscal Year
2007-08 Performance Objectives for J. Peter Lark, the Director and General
Manager, are as follows and hereby approved.
FISCAL YEAR 2007-08 OBJECTIVES
1. Improve relations between management and the workforce,
with particular emphasis on developing a more congenial and productive
relationship with the union. Eliminate
“Management vs.
2. Improve external relations – develop a
greater community presence by supporting key components of our community (e.g.
Sparrow Foundation and educational resources.)
3. Improve relations with our fellow municipal
utility entities, in particular the MMEA and the MPPA.
4. Re-visit the decision to withdraw from the
MPPA Power Pool.
5. Prepare draft Strategic Plan for the
potential development of added generation resources on the BWL system.
6. Work to reverse preliminary MDEQ mercury
ruling that as of 2015 will effectively limit BWL to the operation of two of
the three smaller units at Eckert, and none of the three larger units.
7. Continue working with
8. Make recommendation for water bonding.
9. Develop economic development policy for
existing and new customers.
Motion by Commissioner Cochran, seconded by
Commissioner James, to adopt Resolution 2007-9-15 for the General Manager’s
Fiscal 2007-08 Goals.
Discussion: Commissioner Rios noted that there was
extensive discussion and input from the Commissioners and Peter Lark in
developing the General Manager’s goals.
It is a joint effort and everyone takes ownership in assisting Mr. Lark
in meeting the objectives, as they are important relative to the success of the
entire organization. Commissioner Rios
went onto thank everyone for their hard work regarding this endeavor.
Action:
Carried unanimously.
Resolution
2007-9-16
BOARD OF WATER AND LIGHT PRIORITY FOCUS
WHEREAS,
the Board of Commissioners met with the Director and General Manager on August
21, 2007 to discuss a number of goals and objectives as then presented by the
Director and General Manager.
RESOLVED, That the goals and
objectives then presented at the August 21, 2007 meeting be deemed the Board of
Water and Light’s Priority Focus items, which are as follows and hereby approved.
BWL
PRIORITY FOCUS:
1. Improve relations between management and the
workforce, with particular emphasis on developing a more congenial and
productive relationship with the union.
Eliminate “Management vs.
2. Develop a more positive view of the BWL
through increased efforts to get our good work reported in the local media.
3. Improve external relations – develop a
greater community presence by supporting key components of our community (e.g.
Sparrow Foundation, educational resources – especially tie-ins with educational
institutions – LCC, MSU, etc., stronger partnership with Common Ground.)
4. Improve relations with our fellow utility
entities, in particular the MMEA and the MPPA.
5. Re-visit the decision to withdraw from the MPPA
Power Pool.
6. Continue working on the recommendations from
the IRP on an action plan for the potential development and/or equity interest
of added generation on the BWL system.
Prepare draft Feasibility Study within the next six (6) months.
7. Work to reverse preliminary MDEQ mercury
ruling that as of 2015 will effectively limit BWL to the operation of two of
the three smaller units at Eckert, and none of the three larger units.
8. Re-evaluate the entire tree-trimming program
including development and implementation of a new tree-trimming program,
multiple contractors, more in-house work, and working with the city.
9. Continue working with
10. Investigate CSO and lead service replacement
program for best utilization of labor resources.
11. Update Strategic Plan for FY 2007-08.
12. Conduct a follow-up National Safety Council
audit.
13. Continue working on a succession plan that
will include staffing level recommendations.
Establish a succession plan consistent with our strategic plan, which
includes development of a realistic budget.
14. Complete Health Care Task Force.
15. Complete pension survey.
16. Continue to work on
17. Develop a long-term rate strategy.
18. Prepare for upcoming union contract
negotiations.
19. Make recommendation for water bonding.
20. Continue working with General Motors to
resolve steam contract issues.
21. Resolve HR Audit issues.
22. Water Department issues – deficient staffing
and excess use of outside contractors.
23. Develop economic development policy for
existing and new customers.
24. Review organization structure – eliminate
redundant supervision.
25. Develop incentive program to reward employees
for outstanding contributions.
26. Prepare recommendation regarding
deregulation.
27. Effectively communicate with the Board of
Commissioners; keep all Commissioners updated, especially on important issues.
Motion
by Commissioner Rios,
seconded by Commissioner James, to adopt Resolution 2007-9-17 for the Board of
Water and Light Priority Focus.
Discussion: J. Peter Lark, General Manger noted that the
BWL Priority Focus items are general areas of concern for the General Manager
and the BWL. He further advised that
there was significant discussion involving these items, which he and the BWL
intend to work towards next year.
Commissioner
Rios added that there had been a lot of discussion, and it was exciting to have
a meeting of the minds on specific objectives and general items that the BWL
should be aware of at all times. He went
onto to note that he is very pleased with the endeavor and believe that it will
take the organization to great places.
Action:
Carried unanimously.
Resolution
2007-9-17
AMEND THE RULES OF PROCEDURE OF THE BOARD
OF WATER AND LIGHT
RESOLVED,
that the Board of Commissioners hereby approves the Rules of Procedure, as
amended, effective immediately, subject to City Council concurrence.
RESOLVED FURTHER, that the Rules
of Procedure be submitted to the City Attorney for approval as to form. The City Charter specifies that the Rules
shall then be submitted to the City Clerk for transmission to the City Council
for concurrence.
----------------------
Motion by Commissioner Cochran, seconded by
Commissioner Kramer, to adopt Resolution 2007-9-17 to amend the Rules of
Procedure of the Board of Water and Light.
Discussion: Commissioner Rios advised that the City
Charter indicates that the Board of Commissioners is to designate certain
positions that include the General Manager, Internal Auditor and
Secretary. He is unaware of how or why
the Secretary’s title was changed to Corporate Secretary. However, Brigham Smith, City Attorney noticed
the difference in titles between the City Charter and the Rules of Procedures
and recommended that the Board adhere to the charter verbiage. Commissioner Rios also noted that there are
other internal BWL documents, which denotes the Secretary position as Corporate
Secretary. It was further reported that
the City Charter also refers to the General Manager position as Director, which
is another discrepancy between the two documents. It was suggested that the Board of
Commissioners approve the Rules of Procedure as amended and address the
specific designation of staff persons at a later date.
Action:
Carried unanimously.
Board of Water
and Light
of the City of
RULES
OF PROCEDURE
AS
AMENDED 09/25/07
I. MEETINGS
1.1 Regular Meetings
1.1.1 The Board of Water and Light (BWL)
Commissioners shall hold regular bi-monthly meetings on the fourth Tuesday of
the month in the Board Room,
1.1.2 A schedule of dates, places and times for
each regular bi-monthly meeting to be held in the calendar year shall be
adopted by the Board during November of the preceding year.
1.2 Special Meetings
1.2.1 Special Meetings of the Board shall be
called by the General Manager or Secretary on the request of the Chair of the
Board or on the request of any two members.
1.2.2 Members of the Board shall have at least 18
hours written notice of a Special Meeting designating the time and purpose of
such meeting. The notice shall be
delivered personally to each
member of the Board or left at his or her usual place of residence or business
by the Secretary or someone designated by the Secretary.
1.3 Rescheduled Meetings
1.31. The Chair may reschedule any regular or
Special Meeting.
1.3.2 Notice of any rescheduled meeting shall be
given as required pursuant to Section 1.2.2, and Section 2.2.
1.4 Conflicting Times
The
schedule of regular Board meetings shall not conflict with regular meetings of
the Lansing City Council.
1.5 Committee of the Whole Meetings
1.5.1 The Board may convene as a Committee of the
Whole upon call by the Vice Chair or any two members of the Board.
1.5.2 Notice shall be provided in accordance with the
provisions for Special Meetings and State law.
1.5.3 The Committee of the Whole shall report its
recommendations, if any, for consideration by the Board at a regular or Special
Meeting.
1.6 Closed Meetings
Meetings
that are closed to the public may be closed to the public only for those
purposes permitted under the Michigan Open Meetings Act, as amended.
II. NOTICE OF MEETINGS
2.1 Publication of Dates
A
notice listing the dates of the regular meetings shall be published annually in
a newspaper of general circulation in s in November each year, the Board shall name the newspaper in
which the notice shall be published.
2.2 Posting Notice
Notice
of all meetings of the Board shall be posted in accordance with state law.
2.3 Designated Person
The
Secretary shall be responsible for posting notices.
III. QUORUM FOR A REGULAR OR SPECIAL MEETING
3.1 Number Required
The
presence of five members of the Board shall
be a quorum for the transaction of business at all regular and Special
Meetings; provided a majority of the attending members of the Board are present
at the location(s) designated in the public notice.
3.2 Lack of Quorum
In the
absence of a quorum, those present may adjourn any meeting or hearing to a
later date or hold the meeting for the purpose of considering such matters as
are on the agenda. No action taken in
the absence of a quorum shall be valid or effective unless and until ratified
and confirmed at a subsequent regular or Special Meeting at which a quorum is
present and at which five affirmative votes are given for ratification.
IV. OFFICIAL ACTION AT REGULAR OR SPECIAL MEETINGS
4.1 The concurring vote of the majority of
all members of the Board serving shall be necessary for official action and
such vote may only take place at regular or Special Meetings of the Board on
the following items:
4.1.1 Adopting the annual fiscal year budget and any amendments thereto.
4.1.2 Adopting rates for furnishing electric,
water, and steam service.
4.1.3 Appointment or removal of the Director,
Internal Auditor, and Secretary.
4.1.4 Purchase and sale of real property.
4.1.5
4.1.6 Providing compensation, benefits, conditions
of employment, and retirement plans.
4.1.7 Removal of a Commissioner from service as an
officer, except at the expiration of the officer’s term.
4.2 Except as may be required by law or by
section 10.1.4, all other matters considered by the Board shall require the
affirmative vote of a majority of members present at a regular or Special
Meeting.
4.3 The Board speaks through resolutions. A
member of the Board may only speak on the Board’s behalf in accordance with its
resolutions. See19.2.3.
V. VOTING
5.1 Roll Call Vote
A roll
call vote shall be required for holding a closed meeting as specified by the
Open Meetings Act or upon request of any Board member.
5.2 Unanimous Consent
If
there is no objection to the proposed action, the action may be taken by
unanimous consent, except actions required by roll call vote pursuant to these
rules, the Charter of the City of
5.3 Conflict of Interest
If a
Board member has a conflict of interest on an issue before the Board, he or she
shall reveal the conflict, not participate in discussion or any decision
regarding the issue, and shall refrain from discussing the issue with any other
Board member or staff.
VI. ANNUAL ORGANIZATION
The
Board shall organize at its first regular meeting following July 1st
or as soon thereafter as is reasonably convenient, by selecting one of its
members as Chair and, one of its members as Vice Chair, each of whom shall
serve until the first regular meeting in the following July or a successor has
been selected.
VII. DUTIES OF OFFICERS
7.1 Chair
The
Chair shall preside at all regular or Special Meetings of the Board and public hearings
conducted by the Board, see that all orders and regulations are executed and
complied with, see that all legal contracts with the BWL for or in the name of
the City are performed, and shall perform such other duties as may be from time
to time lawfully required of the Chair.
The Chair shall also be an ex officio member of all committees of the
Board, unless the Chair is an official member of a Committee. If the Chair is
an official member of a Committee, she or he shall possess all voting privileges. It shall not be necessary for the Chair to
relinquish the chair for the purpose of participating in debate or for the
making of routine motions and resolutions.
7.2 Vice Chair
In the
absence of the Chair, the Vice Chair shall perform all the duties and have all
the powers of the Chair. The Vice Chair shall also preside over meetings of the
Committee of the Whole.
7.3 Past Chair
The
most immediate past Chair of the Board who is not currently serving as Chair or
Vice Chair of the Board shall be designated “Past Chair.” If no Past Chair is serving on the Board,
members of the Board shall select a member to assume the duties of the Past
Chair as set forth in these Rules of Administrative Procedure. The Past Chair shall assume the duties of the
Chair when neither the Chair nor the Vice Chair is present.
VIII. CHARTER POSITIONS
8.1 Director, Secretary and Internal
Auditor
The
Board shall, at its first regular meeting following July 1st of each
year, or as soon as practicable thereafter, appoint a Director, an Internal
Auditor and a Secretary. The Director
shall also be known as the General Manager, and shall be the highest executive
officer of the Board of Water and Light.
The Internal Auditor shall also be known as the Director of Internal
Audit. These positions shall be contract
positions, shall report directly to the Board of Commissioners, and shall serve
at the pleasure of the Board of Commissioners.
8.2 Unless otherwise determined by the Board
of Commissioners, contract reviews for the Charter Position employees shall
commence no later than sixty (60) days prior to the end of the fiscal year and
be completed no later than the start of the next fiscal year.
IX. STANDING COMMITTEES
9.1 Committees
9.1.1 In order to carry out its policymaking
obligations, the Board of Water and Light Commissioners shall meet as often as
needed, as one or more standing committees or ad hoc committees, in the Board
Room,
9.2 STANDING
CommitteeS
9.2.1 The following standing committees shall be
appointed by the Chair as provided in 9.4:
Finance
Human
Resource
Nominating
Executive
9.2.2 The Finance Committee shall have oversight
responsibility for financial performance measures and audits, capital
expenditures and returns, bond indebtedness and credit rating, annual
Operations & Maintenance budget, rate review, and the investment policies
of the retirement plans.
9.2.3 The Nominating Committee shall at its first
regular meeting following July 1st of each year, nominate a slate of officers at its
annual organizational meeting and shall endeavor to rotate officers of the
Board annually.
9.2.4 The Human Resources Committee shall have
oversight responsibility for non-bargaining salary adjustments, employee survey
results, labor relations, performance appraisal review for Board-appointed
positions, Board staff appointments, salary, wages, and employee benefits.
9.2.5 The Executive Committee shall, during the
intervals between the Board of Commissioners' meetings, assist in the
development of the BWL’s position on major issues and submit and recommend the
position to the Board for consideration and action. The Executive Committee shall consider and
act upon such other activities as directed or referred to it by the Board or as
otherwise specified in these Rules.
9.3 Ad Hoc Committees
Ad hoc
committees shall convene whenever the need arises to address an issue or topic
that would not appropriately fall within any of the other standing committees
and would not require the attention of the Committee of the Whole.
9.4 Appointment of Standing and Ad Hoc
Committees
The
Chair shall appoint the standing committees and such other ad hoc committees as
the Board may from time to time establish.
The first member named on each committee shall be the Chair of the
committee.
Standing
Committees: All standing committees, except the Executive Committee, shall have four (4) regular
members and two (2) alternates who shall serve in the absence of regular
member(s). The Executive Committee shall have four (4) members, including the Chair,
Vice Chair and Past Chair and one (1) Commissioner elected by the Board,
whose term shall be concurrent with the terms of the Officers.
The
Nominating Committee shall not consist of any members who intend to run for an
officer position.
Ad Hoc
Committees: The Chair shall appoint
members of any ad hoc committee. An ad
hoc committee may have any number of members.
9.5 Sub-Committees Authorized
The
Executive Committee shall establish such sub-committees as deemed necessary.
9.6 Quorum for Committee Meetings
A
quorum for a standing or ad hoc committee shall be three (3).
9.7 Committee Meetings
Meetings
of standing or ad hoc committees may be called by the General Manager or
Secretary on the request of the Chair of the Board, Chair of a committee or any
two committee members.
9.8 Committee Reports
Each
standing or ad hoc committee shall report its recommendation, if any, for
consideration by the Board at a regular or Special Meeting.
Upon
adoption of a motion to accept (or approve) a committee report, the
recommendation of the committee becomes the action of the Board; provided,
however, if any resolutions are necessary to carry out the report, they shall
be enacted separately pursuant to section 19.5.
9.9 Committee Resolutions
Committee
reports recommending action by the Board shall have incorporated in the report
the necessary resolutions or motions to accomplish the action.
9.10 Discharge of Consideration
A
committee shall be discharged of any matter referred to it by an affirmative
vote of two-thirds of the Board.
X. AGENDA FOR REGULAR MEETINGS
10.1 Order of Business
10.1.1 The order of business at any
regular meeting of the Board shall be as follows:
1. Roll Call
2. Approval of Minutes
3. Public Comments on agenda items shall
be limited to three (3) minutes unless waived at the discretion of the Chair
4. Communications
5. Committee Reports
6. General Manager's Recommendations
7. Unfinished Business
8. New Business
9. Resolutions
10. Manager's Remarks
11. Remarks by members of the Board.
12. Motion of Excused Absence
13. Public Comments on BWL-related matters
shall be limited to three (3) minutes unless waived at the discretion of the
Chair
14. Adjournment
10.1.2 In the absence of any objection,
the presiding officer shall have the discretion to vary the order of
business.
10.1.3 Preparation of Agenda
An
agenda shall be prepared by the General Manager and made available for
distribution three days preceding a regular or Special Meeting for
informational purposes only. However,
the agenda is subject to unilateral change by the General Manager before the
meeting.
10.1.4 Changes to the Agenda
In the
absence of any objection, the General Manager or any member of the Board may add or subtract an agenda
item at a meeting. In the event of
objection, an affirmative vote of the majority of the Board shall be required
to add, or subtract an agenda item.
10.1.5 Public Comments
The
time limits of Section 10.1.1.3 apply to all Public Comments. Immediately following Approval of Minutes,
the Chair will announce that members of the public are invited to address the
Board regarding any item on the agenda.
Anyone wishing to comment on any matter not on the agenda may do so
immediately prior to adjournment. The
Chair may exercise its discretion in prescribing how members of the public will
seek recognition, or extending time limits for comments under the
circumstances, or in limiting remarks to the subject matter under discussion as
provided in 10.1.1.3.
10.1.6 Reports and Recommendations of
Director and General Manager
The
Director and General Manager shall advise the Board by mail of Reports and Recommendations
to be considered at each regular meeting.
XI. AGENDA FOR COMMITTEE MEETINGS
11.1 Order
of Business
11.1.1 The order of business at any committee
meeting
of the Board shall be as follows:
1. Roll Call
2. Public comment on agenda items shall be
limited to three (3) minutes unless waived at the discretion of the chair
3. Agenda Topics
4. Other
5. Adjourn
11.1.2 A concurring vote of a majority of
committee
members present shall be
necessary
to move a recommendation to
the
Board.
XII. PUBLIC HEARINGS
12.1 The Board shall hold a public hearing at
least thirty days before the effective date of any changes in rate
structure. The Board shall comply with
the requirements of Charter Section 5-205.2 for public hearings regarding
changes in the rate structure. The Board
may also choose to hold public hearing on other topics as necessary or
appropriate.
12.2 Although the Board will generally hold its
public hearings in the Board Room at
12.3 Notice of the hearing will be placed in at
least one (1) newspaper of general circulation in the
12.4 A quorum of the Board shall be necessary to
conduct a public hearing.
12.5 No Commissioner shall engage in ex parte
conversations about the topic of the public hearing either before or after the
hearing until the full Board takes action on the topic.
12.6 Public hearings shall be open to the
public, in accordance with the Open Meetings Act.
12.7 Individuals and organizations are invited
to comment on the topic of the public hearing, either orally or in
writing. Written comments should be
addressed to the Secretary and should be presented on or before the date of the
hearing. Oral comments shall be
presented at the public hearing. The
Chair may set reasonable limits on the length of oral presentations. Comments or conduct that disrupt the orderly
conduct of meetings or hearings shall not be permitted.
12.8 A transcript or recording of the hearing
shall be made and kept for no less than three years.
12.9 Public
Hearing on Rates: In the case of a rate
hearing, the Board may hold a separate meeting or meetings after the rate
hearing to discuss the proposed changes to the rate structure and vote on the
proposed changes. If the Board’s
discussions after the rate hearing indicate that it intends to raise any
customer’s rate higher than proposed during the public hearing, the Board shall
hold an additional public hearing on the proposed higher rate in accordance
with this section before voting on the rates.
The Board is not required to hold any additional hearings in order to
approve a rate lower than the rate proposed at the public hearing.
12.10 If the Board acts on the topic discussed at
the public hearing, it shall do so at a public meeting and shall approve a
written resolution describing its action.
XIII. MEMBERS OF THE BOARD
13.1 Attendance
Each member
of the Board shall attend all meetings of the Board in person unless otherwise
excused. Each member must attend at
least fifty (50) percent of
regular or Special Meetings of the Board and fifty (50) percent of assigned
committee meetings during any fiscal year.
Failure to do so may be grounds for removal by the City from the office
as a member of the Board.
13.2 Disqualification
to Vote
Any member
of the Board having a direct or indirect financial interest in any matter
before the Board, or who may stand to gain or lose financially or otherwise due
to action of the Board on any matter, shall indicate such interest to the Board
and may be disqualified from voting on such matter as set forth in the Lansing
City Charter.
XIV. RECONSIDERATION OF ACTION
Any
member may move to reconsider a previous action of the Board. Such motion to reconsider shall be made not
later than the next regular Board meeting.
XV. MINUTES
15.1 Preparation and Filing
The
Secretary shall keep minutes of regular and Special Meetings of the Board and committees
and shall file a copy of the Board minutes in the office of the City Clerk as a
public record. No official action taken
by the Board shall be valid or effective until a copy of the minutes of the
meeting at which such action was taken is filed with the City Clerk.
15.2 Corrections
Corrections
in the regular or Special Meeting or committee minutes shall be made not later
than the next meeting after the meeting to which the minutes refer. The corrected minutes shall show both the
original entry and the correction.
15.3 Delivery to Members
The
Secretary shall provide each member of the Board with a copy of the regular or
Special Meeting minutes as soon as they are filed with the City Clerk. Corrected minutes shall be available no later
than the next subsequent meeting after correction.
15.4 Public Inspection
Proposed
minutes will be available for public inspection not more than eight (8)
business days after the meeting to which the minutes refer. Approved minutes will be available for public
inspection not later than five (5) business days after the meeting at which the
minutes are approved. Copies of the
minutes will be made available to the public at a reasonable estimated cost for
printing or copying. (1976 Public Act
267).
XVI. CONFIDENTIALITY
16.1 Communications
Members
of the Board shall treat all information marked “confidential” or “privileged”
accordingly and shall not release such information to unauthorized individuals,
unless disclosure is required by law.
All such information shall be returned to the Secretary.
16.2 Closed
Session
All
written and verbal information obtained and/or discussed in Closed Session
shall be confidential and never discussed or shared outside of Closed Session,
unless otherwise specified by law.
XVII. CONTRACT LIMITATIONS
The
Board shall not have the power to make any contract with or give any official
position to any person who is known to be in default to the City.
XVIII. AMENDMENTS
Any
member of the Board may initiate amendments to the Rules of Administrative
Procedure by presenting them in writing at any regular meeting. All members of the Board must be notified of
such amendments mailed at least four (4) days before the amendment is to be
voted upon. An affirmative a majority of
members serving shall be required to amend the rules of procedure, after which
the proposed revisions shall be forwarded to the City in compliance with
Charter Section 5-105.8.
XIX. MISCELLANEOUS
19.1 Parliamentary Procedure
All questions
of procedure not covered by these rules or the City Charter of the City of
19.2 News Media Regulations
19.2.1 Members of the news media shall be
provided with a table in the Board Room for their use. They shall have made available to them, upon
request, a copy of the General Manager's Recommendations and any data
accompanying the recommendations not marked "Confidential"
at 10:00 a.m. one working day prior to the date of the meeting.
19.2.2 Following the adjournment of a
Board meeting, members of the news media may request interviews of members of
the Board.
19.2.3 All policy statements shall be
made on behalf of the Board by
the Chair. See 4.3.
19.3 Vacancy, Resignation, Absence of Elected
Officers
19.3.1 In the event the office of Chair
shall become vacant by death, resignation or otherwise, the Vice Chair shall
assume the office of Chair, and the most immediate Past Chair shall assume the
office of Vice Chair.
19.3.2 In the absence of the Chair, Vice
Chair and Past Chair, a Temporary Chair shall be elected, who would hold office
during the session, until the return or election of the Chair, Vice Chair or
Past Chair.
19.4 Freedom of Information
It
shall be the policy of this Board to follow the provisions of Public Act 442,
1976, as it may be amended by legislative enactment or judicial decision.
19.5 Resolutions
Any
member of the Board may sponsor a resolution.
Any resolution may be co-sponsored by other members of the Board. A resolution must be submitted for placement
on the Agenda as specified under Article X - Agenda. The sponsor of a resolution may withdraw the
resolution at any time prior to enactment.
Consent of the co-sponsors to withdrawal is not required.
19.6 Hiring Consultants
The
Board of Commissioners may hire external consultants, such as accountants, but
not outside legal counsel. The full
Board will meet before a consultant is hired to determine the scope of the
issues to be addressed by the consultant, the consultant’s budget, and the
scope of contact with the Board. One
Board member may be authorized as the primary contact with the consultant. If time constraints preclude a meeting of the
full Board to discuss hiring the consultant, the Executive Committee may meet
to approve the initial contact with the consultant, but may not authorize an
expenditure of more than $1,000 to a consultant without the approval of the
full Board. The consultant’s work
product shall be written and shall be immediately transmitted to all Board
members upon completion of the requested work.
All payments to consultants hired by the Board shall be deducted from
the Board’s budget. Board funds may not
be expended to address an issue only applicable to one Commissioner.
All
outside legal counsel must be hired by in-house counsel and in accordance with the Charter.
19.7 Reimbursement of Board Member Expenses
19.7.1 Board Member Travel Expenses: The Board
recognizes the value of membership and attendance at conferences, workshops,
and meetings at the state, regional, and national levels that are appropriate
and necessary to carry out Board of Water and Light business. As such, the Board encourages:
1. The attendance of its members in at least
one out-of-state and one in-state
conference seminar per year.
2. Each newly appointed member of the Board
is encouraged to attend a formal workshop on governance as offered by the
American Public Power Association.
Additional
travel must be pre-approved by the Executive Committee.
Travel
expenses shall be reimbursed in accordance with the Board’s Travel Expense
Policy.
19.7.2 Board Member Miscellaneous Expenses: Members
of the Board may incur additional business expenses while representing the Board
of Water and Light in the community. Business expenses such as cell phone,
business luncheons, and parking are such examples of legitimate business
expenses. Upon filing a claim in the prescribed form, each member of the Board
shall be reimbursed for reasonable and necessary expenses incurred in the
discharge of the Board member’s official duties, in accordance with the Board’s
Expense Reimbursement Policy.
The
Executive Committee shall review Commissioner expenses on a quarterly basis.
_________________________
Adopted
by the Board 5/8/79, and amended 8/14/79, 11/14/79, 3/11/80, 11/11/80, 7/14/81,
8/11/81, 7/13/82, 7/26/83, 6/26/84, 3/5/85, 12/18/90, 1/5/91, and 9/25/07.
Resolution
2007-9-18
Reappointment of the Charter Position of
Corporate Secretary
The
Board’s Rules of Administrative Procedures specify that the Board is to appoint
a Director and General Manager, Internal Auditor, and Corporate Secretary,
respectively at its first regular meeting following July 1st of each
year or as soon thereafter as may be appropriate.
RESOLVED, That the Board of
Commissioners hereby reappoints the following individual to the Charter
position of Corporate Secretary for fiscal year 2007-2008, or, until a
successor is appointed, whichever last occurs:
Rhonda
Jones, Corporate Secretary
RESOLVED, That Rhonda Jones’
current employment contract is amended to reflect the new reappointment and
contract commencement period of July 1, 2007.
----------------
Comments: Commissioner Rios explained that they
annually review the performance of all Board appointees. As such, they receive assistance from the
Human Resource Department regarding the collection of input and information for
each individual. The process is very
thorough in that it provides the Board and the individual being reviewed the
opportunity to give input regarding their prior years performance. As part of the process, the Board is required
to either reappoint the individual or do something different. In this particular matter, there was
unanimous consent amongst the Board of Commissioners to reappoint Rhonda Jones
as Corporate Secretary with a subsequent salary increase of three and a quarter
percent (3.25%).
Motion by Commissioner Rios, seconded by
Commissioner Rodocker, to adopt Resolution 2007-9-18 for the Reappointment of
Rhonda Jones to the Charter Position of Corporate Secretary.
Action:
Carried unanimously.
Resolution
2007-9-19
Performance Evaluation and Compensation
Increase
For Charter Position of Corporate
Secretary
RESOLVED,
That the Corporate Secretary, Rhonda Jones, is hereby eligible to receive a
salary adjustment effective as of July 1, 2007.
RESOLVED FURTHER, That the Board
of Commissioners authorizes a three and two fifth a quarter percent
(3.25%) salary adjustment for the Corporate Secretary, based on the evaluation
of the employee’s performance from July 24, 2006 through June 30, 2007. The percentage increase represents a compiled
average of the recommended salary adjustment from the Board of Commissioners.
Motion by Commissioner Rios, seconded by
Commissioner Rodocker, to adopt Resolution 2007-9-19 for the Performance
Evaluation and Compensation Increase for the Charter Position of Corporate
Secretary.
Action:
Carried unanimously.
Resolution
2007-9-20
BOARD OF WATER AND LIGHT
RESOLUTION HONORING JOSEPH D. DAVIS
WHEREAS,
Joseph D. Davis has been a Board of Water & Light employee for more than 17
years;
WHEREAS Joe has been an active
member in the International Brotherhood of Electrical Workers Local 352 for 16
years, serving as its Business Manager since 2003;
WHEREAS Joe was IBEW Local 352
President from 1999 to 2003, and Vice President in 1998;
WHEREAS Joe has served on the
Joint Safety Committee, the Joint Apprenticeship and Licensing Committee and on
various training committees;
WHEREAS Joe began work at the
BWL as a Laborer in Water Construction and has worked in various capacities at
the Board, and departs the BWL as a Journeyman Electrician;
WHEREAS Joe has demonstrated a
commitment to community service through such events as the Chili Cook-off,
Silver Bells in the City and Common Ground;
WHEREAS Joe has been
instrumental in promoting stronger ties between the IBEW and the Board of Water
& Light;
WHEREAS he has devoted countless
hours to maintaining a strong work force, and a vibrant collective bargaining
unit, whose mission is to further the well-being of its membership;
WHEREAS, after these many years,
Joe now has accepted a new challenge as an International Representative of the
IBEW, representing 40 union locals in five states;
THEREFORE BE IT RESOLVED:
That the Board of Water &
Light’s governing Board of Commissioners congratulate Joseph D. Davis on his
years of devoted service as an IBEW representative and as a BWL worker, and
that all Commissioners join in bestowing all best wishes to Joe on his new
endeavor.
BOARD OF COMMISSIONERS
_________________________ _________________________
_________________________ _________________________
Semone
M. James, Vice Chair Peter W. Kramer
_________________________ _________________________
Robin
M. Smith, Past Chair Julee
M. Rodocker
_________________________ _________________________
Robert
W. Cochran Sandra
Zerkle
---------------------
Comments: Commissioner Rios congratulated Joseph Davis,
Business Manager of IBEW Local 352 on his recent appointment as IBEW
International Representative. Mr. Davis
was recognized for his promotion within the IBEW as he will now have
responsibility for multiple bargaining units throughout five (5) states. Commissioner Rios also noted the pride that
an organization receives when a BWL employee obtains recognition of that
nature. It was further advised that Mr.
Davis would no longer be at the BWL on a daily basis due to his new
position. The resolution was read into
record in its entirety.
Motion by Commissioner Rios, seconded by
Commissioner Graves, to adopt Resolution 2007-9-2007, Honoring Joseph D. Davis.
Discussion: Commissioner Zerkle expressed pleasure in
knowing and working with Mr. Davis over the years. She noted his belief in the advancement,
safety and well being of employees. In
addition to his desire to ensure that the company he worked for was healthy and
responsive to the needs of the employees.
Commissioner Cochran advised
that he would be absent from Mr. Davis’ upcoming celebration and wished him
luck in his new endeavor.
Action:
Carried unanimously.
Additional Comments: Joseph Davis introduced wife, Carol Davis and
noted that he joined the BWL Water Construction Department seventeen (17) years
ago as a temporary laborer. The BWL
provided a decent job that allowed him to pay the bills and take care of his
family of which the BWL is an extension.
In addition, he noted that it feels significantly better coming to
current Board meetings than in years past.
He also advised that it is a great time to be at the BWL, as there is a
great team in place and great people within the organization. All of these items played a factor in his
decision to accept a new position. Mr.
Davis noted that Peter Lark and his team have good leadership and both the
Commissioners and the management team have good vision. He went onto advise Commissioner Kramer that
it is a great time to be a part of the Board, and he hopes to continue to do
things that will help the BWL.
MANAGER’S
REMARKS
J. Peter Lark, General Manager
noted that the excitement factor has been large and the work gratifying. An excellent time has been had due in part to
Joseph Davis who has been a great guy to work with in representing the
union. Mr. Lark thanked Mr. Davis for
all the work he has done in helping with management and labor relations, which
Mr. Lark hopes to improve as they move forward.
Connections Live! – Mr. Lark
noted that the BWL recently held a consumer forum entitled, “Connections
Live!” It was an opportunity for the BWL
to reach into the community to its customers.
With winter approaching the BWL thought it a good idea to explain and
help customers know how to keep their bills down and where to receive
assistance if needed. The occasion went
well and the project received input and assistance from many members of the BWL
staff. Mr. Lark went onto publicly thank
staff for its efforts in this endeavor.
COMMISSIONERS’
REMARKS
Commissioner Rios welcomed Ron
Byrnes as the new Business Manager for IBEW Local 352.
Commissioner Cochran advised
Commissioner Kramer that the serenity Joseph Davis previously alluded to was a
hard fight for everyone.
Commissioner Rios officially
welcomed the newest Board of Commissioner, Peter W. Kramer to the Board of
Water and Light.
Commissioner Kramer noted that
he was very encouraged by the welcome from management and being able to tour
the facilities. The organization is
fantastic and he is looking forward to participating in its success.
Commissioner Rios noted Calvin
Jones’ promotion to Governmental Relations Manager and offered
congratulations. He also acknowledged
his help to the BWL and the Commissioners in relation to political matters and
City Council.
Peter Lark went onto acknowledge
the promotion and good work that Calvin Jones has done for many years. He also noted that Mr. Jones is a tremendous
asset to the organization and as a result he was promoted from analyst to
manager.
EXCUSED
ABSENCE
On motion by Commissioner
James, seconded by Commissioner Zerkle, to excuse the absence of Commissioner
Robin M. Smith.
Action:
Carried unanimously.
PUBLIC
COMMENTS
There were no public comments.
ADJOURNMENT
On motion by Commissioner
Cochran, seconded by Commissioner James, the meeting adjourned at 6:20 p.m.
/s/
Rhonda Jones, Corporate Secretary
Filed
with
October
2, 2007