MINUTES OF THE

BAY COUNTY LIBRARY SYSTEM

BOARD OF TRUSTEES

Joint Meeting with Building Authority

January 11, 2006

Ella Jane Martini, Chairperson, called the meeting of the Bay County Library System Board of Trustees to order at 12:01 p.m. on January 11, 2006 in the County Commission Chambers, Bay County Building. 

Present:                        Derald Adcock, James Davison, Mark Kaplenski, Ella Jane Martini and Howard Wetters

Building Authority:        Richard Bukowski, Rich Charbeneau, Don Goulet, Jim Helminiak,

John Pflueger, Gary Phillips and Tom Ryder

Others:                        Kevin Ayala, Stephanie Corona, Tom Haag, Steve List, Louis Long,

                                   Fred Martini, Fred Paffhausen, Mark Paulus, Bob Redmond, Eileen Schulz,

                                   Tom Starkweather, and Deb Stone

MINUTES

Motion by J. Davison, seconded by D. Adcock, to approve the minutes from the December 14, 2005 Joint Building Authority/Library Board meeting subject to the corrections made.  Motion carried.

OPEN TO THE PUBLIC

There was no public input.

LIBRARY IMPROVEMENT PROJECT

Construction Manager, Mark Paulus- Skanska –Monthly report #35 – Mark Paulus responded to a question asked prior to the beginning of this meeting from Howard Wetters.  After reviewing the Monthly report #35, which trustees had just received at this meeting, H. Wetters noted that the detail of the budget status includes expenses for the winter conditions and unsuitable soils, a total of approximately $135,000.  At the last meeting H. Wetters asked specifically not to include these costs until both boards had an opportunity to discuss them.  M. Paulus apologized for the error made by Skanska and will be certain to correct this for next month’s report. 

M. Paulus gave an update to Skanska’s report #35.  On the third floor the temperature control insulation is complete; second floor the millwork is essentially complete including the floor covering.  Shelving and system furniture is continuing on both the first and second floor.  The fabric wrapped panels on first floor are installed along with carpeting at 90% complete.  James Davison asked when Skanska anticipates all construction to be complete. 

M. Paulus responded it is their intentions to have it completed by the 14^th of February; noting that the biggest part left is to install the flooring for the main lobby and workers are holding off on this until furniture and the Bay City Branch collection has been moved in.  M. Paulus commented that the moving company hired by the Library, Frisbie Moving and Storage, have been easy to work with while Skanska continues on their work of finishing the Library.

CONSTRUCTION INVOICES

Construction Invoices and Transfer of Monies to the County - Kevin Ayala stated the construction invoices for certificate #43 total $940,814.86.  The amount to be transferred to the County is $364,784.  H. Wetters asked if these invoices contained any of the disputed items for the winter conditions, contaminated soil or legal fees.  K. Ayala responded that they do not. 

Motion by J. Davison, seconded by D. Adcock, to approve certificate #43 for $940,814.86 and the transfer of $364,784 to the County.  Motion carried.

PROJECT FINANCIAL REPORTS

Construction Project Expense Summary

Construction Budget, Estimates and GMP Summary

Capital Campaign Summary Report

Motion by J. Davison, seconded by H. Wetters, to receive the Construction Project Expense Summary; Construction Budget, Estimates and GMP Summary and the Capital Campaign Report.  Motion carried. 

UNFINISHED BUSINESS

Sage Branch Library Steps – SME report Mark Paulus – M. Paulus explained the report from SME that was included in last month’s board packet was forwarded onto FTC&H, who have asked for additional material and are reviewing them.  Skanska is awaiting a reply from the architects to present to the board.  J. Davison does not understand why this has taken so long; a month has passed from the last discussion and there is still no conclusion to the cracked walkway at the Sage Branch Library, which was discovered over a year ago.  M. Paulus responded that Skanska is waiting to hear from FTC&H; reminded the board that when nothing was being done to rectify this problem, it was Skanska who on their own, retained SME to examine the steps and offer an expert’s opinion as to why it occurred in the first place.  That report explained the cause of the cracks forming in the walkways were due to the expansion and contraction between the material and the steel, which would indicate a design issue, a responsibility of the architects.  H. Wetters pointed out that at the last construction meeting, a representative from FTC&H was present and explained then that the expansion and contraction of the metal was not sufficient enough to cause the cracks to form.  So whether there is a written response or not, they have responded at a construction meeting with their opinion of the problem and they do not believe it is a design problem.  He added that this issue is probably a moot point as in the process of closing out the Sage Branch Library construction project, the contractor J. R. Heineman & Sons has already been paid in full and that the work on the steps is past the one year warranty.  He believes that there is no leverage to be used in having the contractor fix the problem and the Library will end up paying for it.  E. J. Martini believes an Errors and Omissions insurance is carried by both the Library and FTC&H and that it could very well be used in this situation.  Bob Redmond reminded both boards that they do have leverage with both the architects and construction manager, as they hold a contingency on both of them. 

Auburn Branch Library Insulation – M. Paulus stated that the additional insulation work at the Auburn Branch Library was completed on December 28, 2005.  He noted that an email notification was sent to both Steve List and the architect that this work had been completed and it was also mentioned at the Construction Progress meeting.  S. List will accompany the architect to inspect this work to be certain it has been done as M. Paulus has stated. 

NEW BUSINESS

Copy Machine Bid Award – K. Ayala explained bids were sent out for four copy machines at Wirt Library and the recommendation is to award all four machines to one vendor.  This would allow for ease in maintenance of the machines as there will only be one company to call for service, etc.  The budget for purchasing these machines was at $20,000 and the bid from IKON came in under budget at $19,057.  Staff recommends purchasing these machines from IKON Office Solutions.  He shared that there will be a yearly maintenance agreement at a cost of $990 per year, which will include travel time, parts, and supplies.  This agreement will be renewed on a yearly basis.  J. Davison asked if staff looked into leasing machines instead of purchasing them out right.  K. Ayala responded that on this bid he did not; noting that the money to purchase them was part of the Technology budget for Wirt Library.  J. Davison added his experience with leasing copy machines included the cost of maintenance making it cheaper to lease instead of purchasing them along with an added cost for maintenance.  K. Ayala responded that the copy machine used at the Administration Office is leased but the maintenance agreement is separate from the lease agreement as it is based on the number of copies made.  The Library pays on an annual basis $3,600 for the lease agreement on the one copier and over a period of 10 years, it would be cheaper to purchase the machines and pay only for a maintenance agreement based on number of copies.  K. Ayala responded to H. Wetters’ question on the function of each of these copiers, noting that three of the four copiers are for the public; two to perform only black and white copying while the third is for color copying as well.  All three machines are coin operated.  The fourth machine for staff will be networked to all staff computers and will offer scanning capabilities, black and white copying, etc.

Motion by H. Wetters, seconded by J. Davison, to award the copy machine bid to IKON Office Machines for $19,057.06 and yearly maintenance agreement at $990/year. 

Roll call:  D. Adcock – yes; J. Davison – yes; M. Kaplenski – yes; H. Wetters – yes; and

E. J. Martini – yes.  Motion carried.

Microfilm Reader Bid award – K. Ayala explained there will be four microfilm readers, four printers and four stands for the readers.  There were four bids sent out, with only two returned.  Staff is recommending awarding the bid to Graphic Sciences for a total cost of $28,753 for all equipment and $2,660 for a yearly maintenance agreement.  The maintenance agreement includes travel and parts but not supplies; these would be purchased separately as needed.  In response to J. Davison’s question, he responded that the printers are laser printers and have printing capabilities of 8-1/2” x 11” up to 11” x 14”.

Motion by J. Davison, seconded by H. Wetters, to award the Microfilm Reader Bid to Graphic Sciences for a total cost of $28,753 for equipment and $2,660 per year for maintenance.  Roll call:  D. Adcock – yes; H. Wetters – yes; J. Davison – yes; M. Kaplenski – yes; and E. J. Martini – yes.  Motion carried.

OTHER

Winter Conditions – H. Wetters commented there are change orders for Winter Conditions that have been tabled for further discussion.  He is making a formal request of Skanska to be assured the Library board will receive copies of all original bid proposals that were bid and accepted by Skanska as part of the project; all of the details down to load slips, time slips, everything involved.  The sooner this material is turned over for review, the quicker both boards can make a determination on the change orders.  In addition, he renewed his request made over a month ago at a Construction Progress meeting, to supply to the board information regarding the $36,000 clean up issue for materials that were hauled off site.  He had asked M. Paulus well over a month ago for a map detailing where the soil was removed from, which he has not received yet.  If this dirt has come from the jail property, it would actually have implications for the expenses currently in dispute with the County. 

H. Wetters asked M. Paulus if any of the construction bids they have accepted contain winter conditions.  M. Paulus deferred this question to Stephanie Corona who responded they did not, which is why Skanska only gave an allowance as it is always uncertain as to what sort of winter there will be.  If it would be included and ended up not being necessary, Skanska would not be able to recoup the cost.  It is set up in this manner to bill after the season, keeping track of the charges for winter conditions and paying them after the season.  H. Wetters verified that as a contractor not being asked to bid winter conditions that Skanska is the entity that is authorized to keep track of them.  S. Corona confirmed this and added that Skanska also review the quotes and time tickets to make certain that what is being submitted is equal to what is on the time tickets.  She noted that there were some disputes with the time tickets which were submitted back to the contractors.  She added that it takes a great deal of time to verify these costs.  H. Wetters stated he is aware there are contractors who have submitted invoices for winter conditions as far back as September of 2004.  She concurred and noted these are the invoices in question.  He noted that the boards did not receive these invoices until 2005. 

M. Paulus asked for verification of H. Wetters’ request of material.  H. Wetters responded he is looking specifically for time and materials and how it would be charged; the percentage of overhead that could be added on changes, in essence he is looking for the parameters of the contract over these types of items.  It is apparent that for the entire amount of the charges for winter conditions the boards are looking at times and materials and overage.  M. Paulus will supply this information.

Letter to County Commission re: millage ballot date – E. J. Martini asked Fred Paffhausen if the letter requesting the County Commission to place the Library millage renewal vote on the August ballot had been submitted.  F. Paffhausen responded that he delivered it personally to Brian Elder, County Commission Chairperson.  He assured E. J. Martini that B. Elder indicated it would appear on the agenda of the next County Commissioner’s meeting. 

Artwork displayed at Wirt Library – E. J. Martini, referring to a request at an earlier meeting, asked F. Paffhausen if he had been able to put together a plan yet addressing how art would be displayed at the Alice & Jack Wirt Public Library.  F. Paffhausen responded that at the time trustees requested this, it was unknown that there would be wood panels installed in the gallery area of the Library.  These panels are approximately 7-8’ high and are just now being installed.  Architects have supplied a name of a company who sells an aluminum railing system that they have in stock at a nominal fee.  However he is not certain how these can be used now with the wood panels that are now installed. 

Plan for wall hangings in Administration Area at Wirt Library – E. J. Martini asked F. Paffhausen whether he has been able to put together a plan for the type and number of wall hangings that will be allowed in the administration area of Wirt Library.  He responded that he has not put anything together yet at this time and suggested this type of plan should come from the Personnel Committee when the Personnel Policy Manual is reviewed.  In response to H. Wetters’ question whether there was a policy in the manual now regarding this, F. Paffhausen responded there was not. 

Managing Library and Assistant Director Position – E. J. Martini asked F. Paffhausen the status of these two positions.  He responded it has been advertised out for M.L.  This position is now closed since the resumes were due on the 9^th.  There were only two qualified applicants, both whom have applied for jobs in the past with the system but in a lower capacity.  These people were interviewed by current librarians and the staff consensus is too re-advertise and to broaden the area farther than just Michigan.  Connie Barton will post the position on Friday. 

In regards to the Assistant Director position, this was posted internally with the requirement on a Masters in Library Science.  Kevin Ayala, who has a Masters in Business Administration, was the only response.  Unless the Library decides to repost and broaden the position to include those with other Master’s Degrees, the only other recourse is to advertise through out Michigan with a requirement of a Masters Degree in Library Science.

Coffee Shop for Wirt Library – Mark Kaplenski asked about the status on the Coffee Shop for Wirt Library.  K. Ayala responded he has delivered letters to local vendors to solicit comprehensive business plan for a Coffee Shop at the Wirt Library.  This request will also be advertised in the Bay City Times this coming weekend.  He will conduct a walk through next Tuesday for those interested.  Business plans will need to be submitted by February 1, 2006 at 2:00 p.m.  It will not be known until after these plans are submitted as to how quickly a coffee shop could be opened.  M. Kaplenski commented that he believed this bid proposal had been issued last December, noting an email he had received from K. Ayala on December 19 asking for a response to the proposal from trustees.  K. Ayala responded that it was his intentions to have this bid request posted before the holidays but it did not happen until yesterday that he and F. Paffhausen met to discuss it. 

Grand Opening for the Alice and Jack Wirt Public Library – M. Kaplenski asked F. Paffhausen if there were any plans yet on the Grand Opening celebration for the Alice and Jack Wirt Public Library.  F. Paffhausen responded that he believes it will be similar to the Grand Openings conducted for the other branches as they re-opened.  He shared that in the monthly board packet for next week’s meeting, he has addressed this issue.  Once he gets a date from the board, Judy Mullison will be able to move forwarded with printing material and advertising the event.  He has been in contact with the advertising department at the Bay City Times who would like a list of the vendors who have worked on this project to help pay for a full page spread in the paper listing all the special features that will be offered.  M. Kaplenski added that he envisions this to be a huge celebration, as this project is one of the biggest for Bay County in quite sometime. 

INFORMATION ITEMS

Audit Schedule for 2006 – E. J. Martini reminded trustees to note the 2006 audit schedule included in this packet.  As Derald Adcock normally conducts these audits, when he cannot, another trustee will need to take his place. 

Bay City Branch Closing – E. J. Martini thanked the staff for the tribute that was put together marking the closing of the Bay City Branch last Saturday.  She shared that there was a good turn out of Bay City residents and all seemed to appreciate the effort staff put forth to make the last day special.

ANNOUNCEMENT

Change in meeting date – E. J. Martini announced the change in schedule for the regular January Library Board meeting from January 25 to January 18, 2006 at 5:15 p.m. The reason for this change is due to not having a quorum of the board available on that date and time.

H. Wetters stated that he was never contacted regarding the change of the meeting; only after it was reschedule was he aware of the date change.  He said that because of the Library’s scheduled meetings on specific Wednesdays, he typically leaves the others opened and consequently has a work related meeting scheduled for 5:00 p.m. on the 18^th and will not be able to attend the Library board meeting, now scheduled for the same time.  He would appreciate it if changes are going to be made from the established dates for Library board meetings that all trustees are contacted to determine whether they would have the alternate time available.  He believes that as the Library Board meetings are scheduled a year in advance, trustees should be available for them but if there cannot be a quorum, all trustees should be asked for their schedule to determine a new time.  Based on the Library Board meeting schedule, he typically always has a work related meeting on the third Wednesday of the month.  E. J. Martini assured him she did contact all board members, leaving a message at H. Wetters’ office to return her call but he did not.  H. Wetters responded that she may have contacted his office but there was no voicemail from her nor was there a written note from any of his staff, of which they are in the habit of always doing, that she had called at all.  M. Kaplenski asked if H. Wetters received the same email notification that he did.  He responded that he did but it was a notification that the meeting had already been rescheduled.  M. Kaplenski apologized as the change was initiated by him as he would be out of town on the 25^th.  E. J. Martini added there were two other trustees that also were not available and there would not have been a quorum.  H. Wetters’ point is that he had not been contacted for his availability; that the meeting did not necessarily have to be scheduled on a Wednesday.  The typical process would have been to call all board members for their availability to determine the new date. 

As H. Wetters will not be able to attend the Library Board meeting on the 18^th , he requested that the change orders that are pending regarding the winter conditions and contaminated soil, not be discussed without him being present. 

Motion by J. Davison, seconded by D. Adcock , to adjourn the meeting at 12:55 p.m.  Motion carried.

Respectfully submitted,

____________________________________                        ___________________________

Derald Adcock                                                             Eileen Schulz

Secretary/Treasurer                                                                  Recording Secretary