MINUTES OF THE

BAY COUNTY LIBRARY SYSTEM

BOARD OF TRUSTEES

REGULAR BOARD MEETING

November 17, 2004

Michael Gray, Chairperson, called the regular board meeting of the Bay County Library System Board of Trustees to order at 4:08 p.m. on November 17, 2004 in the County Commission Chambers, Bay County Building. 

Roll call present:  James Davison, Michael Gray, Ella Jane Martini, and

                             Howard Wetters (arrived at 4:15 p.m.)

Excused:                Derald Adcock

Other:                    Kevin Ayala, Rick Bukowski, Trish Burns, Central High School students,

                             Jim Hammond, Marilyn Kaeckmeister, Steve List, and Eileen Schulz

Michael Gray explained that this meeting of the Bay County Library System Board of Trustees, normally televised, would not be this evening, due to a miscommunication with Bay 3TV on the time change from 5:15 p.m. to 4:00 p.m.

MINUTES

Motion by E. J. Martini, seconded by J. Davison, to approve the minutes of the October 27, 2004 Regular Board meeting and the minutes from the Closed Session meeting on October 27, 2004.   Motion carried. 

BILLS PAYABLE – Kevin Ayala noted that per trustee’s request at the October’s board meeting, the Operating and Construction invoices have been separated. 

Motion by E. J. Martini, seconded by J. Davison, to approve the bills as presented for payment.  Motion carried.

FINANCIAL REPORT

October 2004 Financial Report – Kevin Ayala reported the October 2004 Financial Report is on track with what has been budgeted for the year.

October 2004 Penal Fine Report – There was no report available at time of the meeting. 

Motion by E. J. Martini, seconded by J. Davison, to receive the October 2004 Financial Report and to defer the October Penal Fines until next month.  Motion carried.

OPEN TO THE PUBLIC

There was no public input.

CORRESPONDENCE

Please Tell Us What You Think – Ronald Fuller, Kimberly Karpinski, Donna North, Kelley Potocki, Linda Tomlinson and James Troester

H. Wetters arrived at 4:15 p.m.

J. Davison believes that the response to Kimberly Karpinski did not adequately answer her request.  She asked whether step stools could be placed in the bathrooms for children to use.  Trish Burns responded that it is not known if having step stools in the bathrooms would be considered a liability or not.  Staff is investigating this issue.  She noted the request for stepstools is for the Pinconning Branch Library.  M. Gray confirmed there is a children’s bathroom located at the Pinconning Branch, however he does understand there still may be a need for the step stools.  He asked that given the interest in this matter, a follow-up be brought back to next month’s board meeting.

M. Gray, referring to the letter from Linda Tomlinson regarding the bathroom doors at the Pinconning Branch Library and the strength needed to open these doors, understands this is being corrected.  The doors at Sage Branch Library are also being checked for easy access. 

Letter from Brian Elder re: Ancient Order of Hibernians in America – The group suggested donating a book case that will be placed at the Central Library to hold a collection of Irish materials.  Fred Paffhausen shared he will be meeting with B. Elder to discuss this donation.  The concern is keeping several different topics in one grouping and ignoring the Dewey Decimal System.  F. Paffhausen commented that although it is desirable to keep them altogether, by not keeping them in subject order, they could become lost, and it is his experience that it does not work well to do this.  He will be meeting with B. Elder to further discuss this generous donation.  M. Gray pointed out that in the past, different branches have had collections donated for a specific amount of time, which were displayed as a collection that stayed together. 

Motion by J. Davison, seconded by E. J. Martini, to receive the correspondence.  Motion carried.

Letter from Linda Heemstra re:  Bijou Orchestra – This letter is a request from L. Heemstra to join the board for the Bijou Orchestra.  She is following the agreement she has with the Bay County Library Board of Trustees stating she would present any matter that may present a conflict of interest with her Capital Campaign responsibilities.  M. Gray noted that a similar request came a few months ago to approve L. Heemstra’s involvement with the effort to bring a presidential yacht, the Honey-Fitz, to Bay County.  He noted that trustees did approve the request, and after reviewing L. Heemstra’s letter regarding the Bijou Orchestra, does not see any conflict with her work for the library’s Capital Campaign.

Motion by H. Wetters, seconded by J. Davison, to approve L. Heemstra’s request regarding the Bijou Orchestra and to authorize the chair’s signature approving it.  Motion carried.

Response from mailing of the 2003 Financial Report – K. Ayala shared with trustees the two responses he has received from the certified mailing he did two weeks ago of the 2003 year end Financial Report to the County Commissioners and demonstrators this past summer.  He said two of the individuals who have responded, have asked where in the report does it shows the per diem of the Building Authority Trustees.  K. Ayala explained to them that this information would come from the Building Authority; that the library does not have this detail in their accounting.  M. Gray added he would like K. Ayala to also make clear in his response that library board trustees do not receive a per diem.  H. Wetters requested that this be a written response.  M. Gray shared that Pat Beson, County Commissioner, thanked the library for sending this information; that it helps answer the questions he receives as a county commissioner. 

Motion by H. Wetters, seconded by J. Davison, to receive K. Ayala’s report and to respond in writing to those individuals who have requested further information as discussed.  Motion carried.

PROGRESS AND SERVICE REPORT

Gift of Reading – T. Burns shared the Gift of Reading Program is in full swing and appears it will be another successful year.  The Gift of Reading concludes on December 11, 2004.

Staff Development Day – T. Burns reminded those present that the Bay County Library System will be closed tomorrow for Staff Development Day.  She shared a list of agenda items and invited all trustees to attend.

Motion by E. J. Martini, seconded by H. Wetters, to receive the Progress and Service Report.  Motion carried. 

COMMITTEE REPORTS

Personnel Committee – James Davison, Chairperson

No meeting - No report

Finance Committee: - Ella Jane Martini, Chairperson

No meeting – No report

UNFINISHED BUSINESS

Budget Carry Over Program – K. Ayala stated this policy would go into effect for 2005.  H. Wetters believes that this program could be approved this evening; noting the minutes from last month state that the board’s policy are for items to be on the agenda three times, before action can be taken.  He believes it states agenda items need only be on twice, once when they are first discussed and a second time when they are brought back for approval.  A review of the policy confirmed this.  H. Wetters asked if there could be a line item account to be used as a discretionary spending account for each of the branches, rather than having to use existing line item accounts.  K. Ayala responded that there is a miscellaneous account that is set up in the ‘Other’ category, however, if managing librarians chose to spend their branch’s money on a supply item that is from a different category, they would need to request a budget adjustment in order to transfer the money from a different category.  K. Ayala suggested that he would develop a separate tracking mechanism so it would not fall back into the general operating fund.

Motion by H. Wetters, seconded by J. Davison, to approved the Budget Carry Over Program for 2005.  Motion carried.

Volunteer Policy – K. Ayala explained that this policy would apply to anyone who volunteers for the Bay County Library System, including the Friends book sale, lawn mowing, cleaning, etc.  The intent for this policy is to cover any one who volunteers any amount of time for any purpose at the Bay County Library System.

Motion by J. Davison, seconded by H. Wetters, to approve the Volunteer Policy for the Bay County Library System.  Motion carried.

Trustees proceeded to New Business to allow for attorney interviews to begin at 5:00 p.m.

NEW BUSINESS

Pursuit of Overdue Materials – Fred Paffhausen explained the process that is presently used to encourage overdue materials be returned to the library.  Once the routine overdue notices are sent to patrons and have no effect in materials getting returned, the patron is then sent a letter printed on Bay County Prosecutor Stationery that has about a 50% effectiveness on patrons.  The remaining patrons, who receive this letter and have not returned the overdue materials, cannot use the library until their accounts are cleared.  It has been suggested by Judge Alston that the letter be rewritten to state a stronger message that materials need to be returned.  It was also suggested that the library pursue a few individuals who have a significant amount of overdue material checked out.  He shared that through August of 2004, the library has lost over $16,000 in unreturned material and in an effort to replace these items, money is used from the book budget, which is there to expand the collection with new materials, not be used to replace items once owned.  F. Paffhausen gave as an example an individual who has checked out nearly the entire collection of Star Wars that has a value of over $1,000 and has refused to return it to the library after several attempts to contact him.  Administration is asking for trustee’s approval to rewrite the letter and to take the next step in making the individuals with egregious fines accountable for the material they have checked out and never returned.  He pointed out that by making these individuals accountable, the library is being responsible to the taxpayers of Bay County. 

M. Gray pointed out this item will need to come before the board a second time next month in accordance with the library board’s policy, in order that action can be taken.  He also made it clear the library has no intentions of going after minors, this is an effort to target adults who have made it clear they have no intentions to return materials even after several attempts by the library to regain the overdue materials.  This matter will be reviewed again at the December board meeting.  H. Wetters asked that the parameters that trigger a letter from the prosecutor’s office be included in the board packet for next month, along with information on how other libraries attempt to retrieve overdue materials.

CLOSED SESSION to discuss strategy connected with the negotiation of a collective bargaining agreement (as provided for under P.A. 267 of 1976) also to discuss the Closed Session minutes of 10-27-04.

Motion by J. Davison, seconded by H. Wetters, to adjourn for Closed Session at 4:47 p.m.  Motion carried.

Roll Call:  Ella Jane Martini – yes; Howard Wetters – yes; James Davison – yes; Michael Gray – yes.  Motion carried. 

Trustees returned to open session at 5:15 p.m.

M. Gray asked for an amendment to the approval of the 10-27-04 minutes referring to the number of times agenda items need to come before the board should read two not three times.  H. Wetters asked for amendment stating whom M. Gray had asked that the 2003 year end Financial Statements should be sent too, noting it was only to Bay County Commissioners and those who demonstrated outside of the County building this past summer. 

Motion by H. Wetters, seconded by E. J. Martini, to amend the minutes as discussed.  Motion carried.

Motion J. Davison, seconded by H. Wetters, to direct and empower the collective bargaining team to carry out the instructions arrived at by consensus in Closed Session.  Motion carried.

UNFINISHED BUSINESS

Attorney Interviews – M. Gray explained the process the board would follow for the attorney interviews.  Each interviewee will be given 30 minutes, all candidates being asked the same set of questions by K. Ayala.  He shared that although the interviews are beginning 15 minutes later than intended each attorney will have 30 minutes to answer questions.  The list of questions is attached to these minutes for information purpose only.  He noted, as per the Request for Qualifications, it was stated the price proposals would be submitted separately in a sealed envelope and at this time are still sealed and in K. Ayala’s possession.  He also reviewed the language in the R.F.Q., which states trustees have the right to potentially sever legal counsel from general counsel responsibilities, allowing trustees to split the legal work, as they deem necessary.  Trustees will score each candidate based on their responses to the questions; at the conclusion of the interviews these scores will be tabulated with an average calculated between the 4 trustees.  At that point trustees can decide whether or not to open the price proposals.  H. Wetters shared with the board Derald Adcock’s comments he passed along to H. Wetters, noting that he is aware that a proxy vote is not allowed.  

Patrick Kaltenbach – Patrick Kaltenbach and Bruce Dalrymple, from Braun Kendrick Finkbeiner, located in Saginaw, MI, gave a brief overview of their firm and what they have to offer the Bay County Library System.  These attorneys have been involved in general library type matters as well as several types of law for thirty years or more.  Their firm has a strong background in union negotiations and arbitration work. 

A five minute recess was taken at 5:40 p.m. before continuing with the attorney interviews.

James Hammond – James Hammond represents Darbee, Bosco & Hammond, located in Bay City, MI.  This firm consists of three attorneys, who have been practicing heavily in the area of municipal representation since the 1940’s.  J. Hammond listed several townships his firm represents along with the Downtown Development Authority for Bangor and Monitor Township and several water districts and other authorities in Bay County and elsewhere.  Darbee, Bosco and Hammond have represented the Bay County Library System for the past three years and two years prior to that have represented the library on an as needed basis.  Currently, this firm has done work on the two, newly formed labor unions, which are soon to begin negotiations. 

Mark Mahlberg – Mark Mahlberg represents the law firm Mahlberg, Leak, Brandt, Thompson and Gilbert, from Saginaw MI.  This firm has five partners with a combined practice experience of 135 years.  They specialize in Municipal Law however, they do not have experience in negotiating labor contracts for municipalities.

Trustees discussed the three firms and their responses to the interview questions.  H. Wetters pointed out the benefit of a large firm compared to a smaller one, would have a shorter turn around time for information and have a broad range of expertise.  Braun Kendrick Finkbeiner offers this along with their experience with municipalities, millages; libraries and school districts.  It was noted the long turn around time it took for several library issues to be resolved in the past year.  M. Gray pointed out the firm of Mahlberg, Leak, Brandt, Thompson and Gilbert does not have experience in labor negotiations and in his opinion, disqualifies them.  Trustees directed K. Ayala to tally the rating sheets from the board and to open the second envelope from each firm’s pay proposals.  They are as follows:

Firm	Rating – 20 Pts. possible	Pay Proposal Range
Braun Kendrick Finkbeiner	19.5	$75.00 - $140.00
Darbee Bosco & Hammond	13.38	$90.00 - $110.00
Mahlberg, Leak, Brandt, Thompson & Gilbert	11.13	$90.00

Trustees directed K. Ayala to negotiate Braun Kendrick Finkbeiner’s pay range and to determine if Darbee Bosco & Hammond would remain as legal representative for labor negotiations with the two, newly formed unions. 

Motion by J. Davison, seconded by H. Wetters, to direct administration to negotiate the pay proposal with Braun Kendrick Finkbeiner.  To discuss with Jim Hammond his firm continuing with labor negotiations for the two, labor contracts.  Motion carried.

December Library Board Meeting – Trustees discussed changing the December, televised board meeting date from December 22 to December 15^th due to the holidays and Bay 3TV’schedule as they are closed the last week of December and would not be available to tape the meeting.

Motion by J. Davison, seconded by H. Wetters, to change the schedule of the December Regular Library Board meeting from December 22 to December 15 at 5:15 p.m.  Motion carried.

ADJOURN

Motion by H. Wetters, seconded by J. Davison, to adjourn the meeting at 6:53 p.m.

_____________________                                          _______________________

Derald Adcock                                                             Eileen Schulz

Secretary/Treasurer                                                      Recording Secretary