Approved by the Board:  November 18, 2008

 

MINUTES OF THE BOARD OF COMMISSIONERS SPECIAL MEETING

 

LANSING BOARD OF WATER AND LIGHT

_________________________

 

Thursday, October 16, 2008

_________________________

 

 

The Board of Commissioners met at the Executive Offices of 1232 Haco Drive, Lansing, Michigan. 

 

Present:           Commissioners Robert Cochran (teleconference), Tony DeLuca, Semone James, Frank Lain, Tracy Thomas and Sandra Zerkle.

 

Absent:            Commissioners Peter Kramer and Julee Rodocker.

 

The Secretary declared a quorum present.

 

Chairperson Lain called the meeting to order at 2:35 p.m.

 

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.

 

NEW BUSINESS

 

Moved by Commissioner DeLuca, seconded by Commissioner Thomas to enter into closed session to discuss a pending litigation matter with Attorney Scott Mandel of Foster, Swift, Collins & Smith, P.C. as protected by Open Meetings Act exemption MCL 15.268(e).  (2:38 p.m.)  The roll was called.

 

Yeas:  Commissioners Cochran (teleconference), DeLuca, Graves, James, Lain, Thomas and Zerkle.

Nays:  None.

Absent:  Commissioners Kramer and Rodocker.

 

Carried unanimously.

 

Moved by Commissioner Thomas, seconded by Commissioner DeLuca that the Special Board meeting return to open session.

 

Carried unanimously.

 

The Special Board meeting reconvened in open session at 3:17 p.m.

 

RESOLUTION

 

Resolution 2008-10-1

LITIGATION RESOLUTION

 

WHEREAS, Joseph Pandy, Jr. brought suit against the Lansing Board of Water & Light (LBWL) in Ingham County Circuit Court (2003-11169-CZ); and

WHEREAS, Joseph Pandy, Jr. and the LBWL desire to settle all disputes between them without the uncertainty, expense and delay of continued litigation; and

WHEREAS, Joseph Pandy, Jr. and representatives from LBWL participated in a facilitative mediation held on October 13th and 14th 2008 in the interest of resolving the above referenced matter; and

WHEREAS, Joseph Pandy, Jr. and representatives from LBWL tentatively reached a mutually agreeable settlement, subject to approval by the Board of Commissioners.

RESOLVED, that the Board of Commissioners hereby approves the tentative settlement reached at facilitative mediation.

further Resolved, that the Board of Commissioners hereby authorizes its insurers, American Insurance Group and Philadelphia Insurance Company to remit payment in accordance with the settlement.

FURTHER RESOLVED, that the Board of Commissioners hereby authorizes the release of the full amount, less applicable taxes, in Joseph Pandy, Jr.’s 457(f) account to Joseph Pandy, Jr., subject to and limited by the provisions of the Plan, in accordance with the settlement.

Adopted by Board of Commissioners at a Special Board meeting held______________.

 

___________________________                  ________________________________       

Frank Lain                                                       Rhonda Jones

Board of Commissioners, Chair                      Corporate Secretary

 

 

Motion by Commissioner Thomas, seconded by Commissioner DeLuca to approve the Litigation resolution. 

 

Action:  Carried unanimously.

 

MANAGER’S REMARKS

 

None.

 

COMMISSIONER REMARKS

 

None.

 

PUBLIC COMMENTS

 

There were no public comments.

 

EXCUSED ABSENCES

 

None.

 

ADJOURNMENT

 

On motion by Commissioner DeLuca, seconded by Commissioner Thomas, the meeting adjourned at 3:19 p.m.

 

 

/s/ Rhonda Jones, Corporate Secretary

Filed with Lansing City Clerk

October 23, 2008