MINUTES OF THE

BAY COUNTY LIBRARY SYSTEM

BOARD OF TRUSTEES

REGULAR BOARD MEETING

July 14, 2004

Ella Jane Martini, Vice Chairperson, called the regular board meeting of the Bay County Library System Board of Trustees to order at 5:25 p.m. on July 14, 2004 in the County Commission Chambers, Bay County Building. 

Roll call present:  Derald Adcock, James Davison, Ella Jane Martini, and Howard Wetters

                             Michael Gray arrived at 5:46 p.m.

 Others:                 Georgeanne Adcock, Kevin Ayala, Rick Bukowski, Trish Burns, Dave Clark,

                             Marilyn Kaeckmeister, Eileen Schulz, Denise Trudell, and Sarah Wohlschlag

MINUTES

Motion by J. Davison, seconded by D. Adcock, to approve the minutes of June 9, 2004 regular board meeting as amended.  Motion carried.  

OPEN TO THE PUBLIC

There was no public input.

LIBRARY IMPROVEMENT PROJECT

Construction Manager – Mark Paulus, Skanska - Mark Paulus reported that the warranty items are being addressed for the Auburn Branch Library and that construction is complete.  The Sage Branch Library has the first, second and third floors complete.  A discussion will take place this evening regarding the basement issues at Sage Branch Library.  The Pinconning Branch Library is near completion.  The final electrical inspection is scheduled for tomorrow.  A walk through by library staff, Construction Manager and architect will take place tomorrow as well.  Howard Wetters asked what the status is on the technology work to be done at the Pinconning Branch Library. M. Paulus responded he understands it will be completed in the next few weeks.  Asbestos abatement has begun on the Central Library site, with demolition to follow.  All contracts have been released. 

Sage Branch Library Basement - Ella Jane Martini shared from the noon joint library board/Building Authority meeting that approval was given by the Building Authority to proceed with the work necessary to correct the water seeping into the Sage Branch Library basement. The Building Authority approved this contingent upon the Bay County Library Board’s decision this evening.  Trustees requested Kevin Ayala to bring to this evening’s meeting a breakdown of how this expense could be covered.  H. Wetters added for the benefit of those who were not in attendance at the noon meeting, the cost for the repair to the interior is $79,000. The work needed on the exterior of the building is at a cost of $4,900$44,461.00.  He noted that both the architect and CM believe the corrective measures discussed will remedy the problem.  In addition to these repairs, contractors assessed the damages in the mechanical room, where the excessive moisture has caused the conduit to rust.  Several options have been discussed to correct this.  The CM will bring back cost estimates for trustees to discuss. 

Rick Bukowski spoke for the Building Authority explaining that the work was approved contingent upon library board approval but that there would be further discussion as to who would be responsible for paying for the work.  It is the belief of the Building Authority and library board that a portion of the responsibility should fall on the CM and or the architects.  H. Wetters concurred with this adding that the acceptance of the remedy offered is not to be viewed as abandonment for the right to negotiate the cost with Skanska and FTC&H. 

K. Ayala reviewed the list of the remaining contingencies for the Sage, Auburn and Pinconning Branch Library projects and barring any unforeseen issues would be adequate to cover the cost of the repairs.  He added that after it is decided how the cost for the repairs is divided among the CM, architect and library; any remaining money would come back to the project’s contingency budget.

R. Bukowski asked when the discussion for payment would take place.  H. Wetters responded it would most likely be a meeting between the principals of Skanska and FTC&H along with himself and M. Gray.  H. Wetters will notify R. Bukowski of the time and day of this meeting so that he may attend as well.

Motion by H. Wetters, seconded by J. Davison, to recommend to proceed with the discussed procedure to stop the water seepage into the Sage Branch Library basement as approved by the Building Authority, on the condition that the library will not be 100% liable for covering all costs for the work; the library reserves the right to negotiate any cost sharing split with Skanska and or FTC&H.  Also that any funds received from Skanska or FTC&H will go back into the overall contingency budget.  Roll call:  D. Adcock – yes; J. Davison – yes; H. Wetters – yes; E. J. Martini – yes. M. Gray – excused.  Motion carried.

J. Davison asked for a projected date for the work to be completed.  M. Paulus responded that the work would take approximately two months to complete; Skanska will meet with the contractor and S. List tomorrow morning to discuss how to protect the completed portion of the building from any dust or dirt caused from the work being done in the basement.  Once this is completed, a timeline will be put in place as to when the work will be completed.  M. Paulus assured the board the work on the Sage basement will be completed as soon as possible in order to re-open the building to the public.

Architect – Dave Clark, FTC&H

Status Report #22, #23, and #24 – Dave Clark concurred with Skanska’s status report on the projects, adding that the remedy for the roof at the Auburn Branch Library is continuing through the summer months and will be inspected after completion.  The decision has been made to first erect a cedar wall around the condenser unit at the Auburn Branch Library.  If this does not adequately reduce the noise, then there will be acoustical panels added to the inside of the Cedar barrier.  Keith Rittenger and S. List are attending the Architectural Review Committee meeting this evening where it is expected to receive their approval on the design and location of the infills on the handrails at the Sage Branch Library.  The punch list for the Pinconning Branch Library will begin tomorrow and continue next week.  Asbestos abatement and fencing is being erected on the Central Library site.

Clarification of Pay Applications – At the last library board meeting, Michael Gray had requested an explanation of the forms used with the pay applications from Skanska and the contractors; specifically why FTC&H did not sign the AIA form used by the contractors as well the form submitted by Skanska.   D. Clark explained Skanska’s process is to use the same AIA form for each contractor, listing a detailed accounting of each contractor’s original contract and where it stands to date.  These figures are then brought forward onto one A.I.A. form which the architect reviews then signs for approval.  Trustees believe the architect should also sign each contractor’s form as well, to document they have reviewed the individual contractor’s invoices. 

Michael Gray arrived at 5:46 p.m.

D. Clark explained that as Skanska is the one holding the contract with these companies, they are in a position to know whether they have deviated from the original contract and therefore would know if the invoicing is correct.  M. Gray pointed out while the architect is reviewing the individual invoices it would be a simple matter to sign off on the A.I.A. form for each contractor.  Seeing the form unsigned raises a question as to why they are not signed by the architect. D. Clark suggested the individual forms for the contractors be eliminated and have only one form for that the architects would sign.  He will discuss this further with M. Paulus to review this procedure.

Library Administration

Security Gate Recommendation – Trish Burns explained there is a need for a second security gate for the Pinconning Branch library as there are two main entrances for that building.  One of these gates will come from the current Pinconning Branch Library and the second one will come from the Auburn Branch Library as it matches what is used in Pinconning. The purchase of the new one will be installed at the Auburn Branch Library. J. Davison asked where the funds would come from to pay for this gate.  T. Burns responded that money will be transferred from the overall construction project Technology Budget to the Technology Budget for the Auburn Branch Library, to cover the cost of the security gate.  Trustees suggested taking the money out of the overall contingency but after further discussion, it was decided to wait and see what would be needed for technology in Central Library.  T. Burns pointed out that there will need to be new security gates purchased for Central Library also, as the current security gates in the Bay City Branch will not fit into the space allocated for them. 

Motion by D. Adcock, seconded by J. Davison, to approve the recommendation for the purchase of a security gate and that the funds will come from the overall construction project Technology Budget.  Motion carried.

PROJECT FINANCIAL REPORTS

Construction Project Expense Summary

Construction Budget, Estimates and GMP Summary

Capital Campaign Summary Report – M. Gray shared from a meeting he attended several weeks ago with Bill Bowen from the Capital Campaign Committee, Trish Burns, Linda Heemstra, Kevin Ayala and Steve List. The question was raised as to which items that had been omitted from the Guaranteed Maximum Price for Central Library could be added back into the project if a potential donor was found.  As an example it was suggested the canopy could still be added back in if a donor chose this as a naming opportunity. The canopy was taken out of the G.M.P. as it has an estimated cost of $250,000.  Skanska was asked to put together a timeline for those items that could still be included if the funds were available. A donor would have to come forward by July 7, in order to include the canopy back in the GMP.  There were other items listed that if chosen as a donation could be added back in if done so within 90 days.  M. Gray has not heard from the Capital Campaign Committee whether there are any donors wishing to make a donation for these items.  

T. Burns shared that she has spoken with Linda Heemstra, consultant for the Capital Campaign, and is aware that she is putting together a packet that she feels would help her to promote the Capital Campaign.

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

UNFINISHED BUSINESS

Battery Park License Update – Trustees, after reviewing a draft of a letter written by M. Gray addressed to the Mayor of Bay City, City Manger, and City Commissioners, discussed the issue of the Battery Park license.  It was pointed out that Gary Bosco, legal counsel for the library board, did not issue a letter to City officials as directed by the board.  Trustees agreed to seek alternate legal counsel and to direct

H. Wetters to collect all paperwork relative to this matter from Darbee, Bosco and Hammond’s law firm.  It was noted that a motion was made at the last library board meeting to direct H. Wetters to seek alternate legal council and to issue the letter to city officials.

NEW BUSINESS

Recording System – M. Gray recapped from the last Finance Committee meeting where trustees discussed the purchase of a new recording system to be used at library board meetings.  K. Ayala has put together quotes he has received from Olson Anderson Radio for both a wired and wireless system.  He explained the prices quoted for the wired system lists at $2,374 and the wireless system at $7,600.  He has found these prices comparable to those found on the Internet.  Staff is recommending buying from Olson Anderson Radio, as they are a local company, available for service and have been very accommodating by loaning a recording system to the library for several months at no charge.  Trustees had discussed at the Finance Committee meeting that although the wireless is considerably more expensive, the recording system will be used in the new and renovated buildings therefore the difference in cost from the wired to a wireless system could be taken from the increased operating monies.  The Olson Anderson Radio representative explained that this system is widely used by schools and local governmental bodies and has a top performance rating; electrical wires would not cause interference; and it is a portable unit. 

Motion by H. Wetters, seconded by D. Adcock, to approve the purchase of a wireless Recording System for the use at library board meetings.  The funding to come from the increased operating budget.  Motion carried.

Capital Campaign Consultant – H. Wetters shared that under the contract the board has with Linda Heemstra to act as consultant for the Capital Campaign, there is a clause stating that she seek board approval for any other community work she would engage in.  Recently she has been approached by a group here in Bay County, to write a case for support to help raise funds for the yacht, the Honey Fitz.  Bay County Library board attorney, Gary Bosco, has brought this to the board’s attention.  Trustees briefly discussed the issue and decided that as long as she would not be helping this organization to raise money, the request would fall within the parameters of the contract L. Heemstra has with the Bay County Library Board of Trustees. 

Motion by H. Wetters, seconded by D. Adcock, to approve the additional work for Linda Heemstra to work for the ship project, the ship Honey-Fitz.  Motion carried.

ANNOUNCEMENTS

M. Gray announced that on July 26, from 4:00 p.m. – 7:00 p.m. there will be a retirement reception at Studio 23 for Linda Heemstra. 

Motion by J. Davison, seconded by D. Adcock, to adjourn the meeting at 6:25 p.m.

_____________________                                          _______________________

Derald Adcock                                                             Eileen Schulz

Secretary/Treasurer                                                      Recording Secretary