MINUTES OF THE

BAY COUNTY LIBRARY SYSTEM

BOARD OF TRUSTEES

Joint Meeting with Building Authority

November 9, 2005

Ella Jane Martini, Chairperson, called the meeting of the Bay County Library System Board of Trustees to order at 12:00 p.m. on November 9, 2005 in the County Commission Chambers, Bay County Building. 

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

Howard Wetters arrived at 12:05 p.m.

Building Authority:        Richard Bukowski, Jim Helminiak, John Pflueger, Gary Phillips, and

Tom Ryder

Others:             Georgianne Adcock, Kevin Ayala, Dave Clark, Steve List, Fred Paffhausen, Mark Paulus, Bob Redmond, Eileen Schulz, and

Deb Stone

MINUTES

Motion by J. Davison, seconded by D. Adcock, to approve the minutes from the October 12, 2005 Regular Board meeting.  Motion carried.

OPEN TO THE PUBLIC

There was no public input.

LIBRARY IMPROVEMENT PROJECT

Construction Manager – Mark Paulus- Skanska –Monthly report #33 – In addition to Report #33, Mark Paulus added that work is progressing as scheduled on the exterior and third floor.  On the second floor the lighting above the ceiling rough-in is essentially complete; acoustical ceiling tile began the first week of November and is now approximately 50% installed.  A portion of the millwork and casework has been installed in the office areas as well as one of the public service areas.  The installation of the carpet is to begin next week. 

On the first floor, the installation of the overhead doors will begin today, with the interior and exterior doors installed in the next two weeks. 

Howard Wetters asked M. Paulus for an explanation as to why he brought to the October Joint Board meeting, which H. Wetters was not able to attend, change orders that addressed the landscaping at the Alice & Jack Wirt Public Library.  He explained that it was made clear by himself and the Library Director, Fred Paffhausen, at the last Construction Progress meeting; these change orders were not going to be approved until further information was provided.  H. Wetters stated for the benefit of all, there is a policy in place by both boards to call for a special emergency meeting if one is needed.  These policies were ignored.  M. Paulus responded that when quotations are submitted, they follow the procedure that is in place, which is for them to be reviewed by the architect, Steve List and Bob Redmond.  Once this was accomplished the time line for this work to be completed was questioned and whether it would have an impact to the overall schedule.  M. Paulus responded that it could potentially affect the schedule if the work was not done now.  He agreed with H. Wetters when he reminded him this very issue had been discussed at the Construction Progress meeting.  It was discussed at that meeting there are options in place that could address the situation by calling for an emergency meeting of both boards or to meet with the building committee representatives who have the authority to act independently of both boards to address issues such as these.  M. Paulus repeated that he followed the procedure in place for quotations on change orders and as this paperwork was reviewed, he was asked if it would impact the overall project schedule and he responded that it would. H. Wetters believes that these change orders were not complete and were not ready to be processed through the channels M. Paulus refers too.  It was H. Wetters’ understanding that these change orders were still being discussed and that the committee had asked for additional information on them before approving them.  H. Wetters reminded M. Paulus that compared to the standard that Skanska has provided over the past five years for this project, these change orders were not complete. M. Paulus referred to two other cases where change orders for Wirt Library were moved forward without completed pricing, in an effort to not hold up the project; those change orders were for the work on the dampers and the change order for the lighting at Wirt Library.  Since the last meeting, M. Paulus has met with S. List several times to review the cost for this work and believes they have come up with an agreed upon figure.  He reminded both boards that the motion to approve these change orders was for the work only in an effort to not hold up progress on the project.  M. Paulus confirmed that he is aware there is a policy in place for the boards to call for a special, emergency meeting but maintains that in the process of moving the change orders through the process, was asked the question if their delay would hold up the project of which he confirmed they had the potential of doing exactly that.  H. Wetters disagrees with the process of how these change orders were approved; stated that the policy in place was ignored and along with the process M. Paulus says was used for these quotations, was not followed.  He pointed out that neither he nor F. Paffhausen had received any correspondence on this work but prior to this, they both have been copied on construction information.  He does not understand this change and asked who has authorized it.  M. Paulus responded that for the last five years of this project, whenever he submitted quotations for review, neither F. Paffhausen nor H. Wetters are on the list for contacts.  They may however, be on Stephanie Corona’s list for emailing but since M. Paulus has been doing the quotes for the last several weeks, his distribution has always been to S. List and B. Redmond.  He offered that if he is instructed by B. Redmond, he will include him and F. Paffhausen.

H. Wetters pointed out that there is a process in place for communicating information, which has been adopted by both boards, that includes the Director of the Library, Building Authority Liaison from the Library Board and while the position existed, the Library Board Liaison from the Building Authority.  H. Wetters asked about the emails for the parking lot at Wirt Library; typically all representatives for the project should have been included in the communications, but as it is, they have not been.  M. Paulus assured him referring to H. Wetters questioned as to who would be paying for the additional 1 inch of asphalt that will be applied to the parking lot.  M. Paulus concurred that Skanska would; that the cost for the additional asphalt will not have any impact to the Library.  H. Wetters asked when the detail for this work showing that there will be 4” of asphalt and show how the milling costs will be deducted.  M. Paulus responded he will conduct a survey of the parking lot to be certain of the thickness of the asphalt on the parking lot. H. Wetters asked that the record to reflect there have been a number of meetings held that both he and the Library Director have been excluded from where decisions were made and is a complete aberration from the way the process has proceeded for the past four years and is a violation of the policies adopted by both boards. 

Mark Kaplenski offered that based on discussion from last month’s board meeting where these change orders were discussed; the speculation was that there was $15,000 spent unnecessarily.   

M. Kaplenski shared that he spent several hours on site to determine what these change orders included.  He then met with H. Wetters to discuss these change orders and determined after reviewing each one, did not find anything that was misappropriated or done wrong to the best of his knowledge.  M. Kaplenski had also discussed with M. Paulus the concerns that some of the trustees had over the asphalt.  He pointed out that the additional information is now included in today’s board packet, a detail of each of the change orders, 94A through 94E.  M. Kaplenski concluded that after addressing these with H. Wetters, believes that his concern was a breach in the policy set in place to address issues such as this one.  M. Kaplenski’s concern was the questions he received from the public regarding the statement from the last board meeting that $15,000 had gone out the door.  He suggested that this statement should be retracted unless there is some way to substantiate it. M. Kaplenski shared that during a past conversation with board chairperson, Ella Jane Martini, understood she was planning to attend a Building Authority meeting and he asked if he could attend, which he did.  M. Kaplenski, as a relatively knew trustee, was not aware of a procedure in place of who should be notified of meetings.  He simply attended the meeting to hear the discussion on the project.  At that meeting these change orders were brought up and it was B. Redmond who asked M. Kaplenski if he wanted these change orders brought to the next Joint Building Authority meeting scheduled for October 9, 2005.  M. Kaplenski said ‘yes’, not being aware of any procedures in place to address change orders.  M. Kaplenski apologized for the mix-up of circumventing the procedure for addressing change orders.  He does not believe there was any intent by anyone to break a procedure.  M. Kaplenski, after his thorough review, believes that M. Paulus has justified the work being done under these change orders.  H. Wetters stated that if the procedure for change orders had been followed from the beginning, the detailed information included in the packets today, would have been presented for discussion when these change orders first came to the board for approval. 

At this point J. Davison asked for a point of order.  E. J. Martini asked what the point of order was.  He stated he would like to move on with the agenda items. E. J. Martini added that when she had been invited to the meeting M. Kaplenski referred to, it was the first meeting she had been invited to by the Building Authority in five years and that H. Wetters had to live with it.  H. Wetters, added that anyone can come to the Building Authority meeting, however there were those that were designated to be there and were not notified of the meeting.

Change Orders – Alice & Jack Wirt Public Library - Change Orders #33, #38, #41, #76, #80, #85, #87, #96, #99, #114 – E. J. Martini stated these change orders fall within S. List’s authorization and have been approved by him.  She asked for a motion to receive these change orders.

Motion by J. Davison, seconded by E. J. Martini, to receive Wirt Library change orders: #33, #38, #41, #76, #80, #85, #87, #96, #99, #144. M. Kaplenski, D. Adcock, J. Davison and E. J. Martini voted yes; H. Wetters voted – no.  Motion carried.

Change order #20 -  $7,080 – Alice and Jack Wirt Library – E. J. Martini asked for approval for change order #20 in the amount of $7,080.  This change order is a decrease to the Construction Contingency and for the work to relocate the existing underground duct bank at Sixth Street.   J. Davison asked M. Paulus to explain where this would be moved too.  M. Paulus responded this was encountered when workers were installing a catch basin in this area.  This duct bank had not been noted on the drawings and had to be moved. 

Motion by J. Davison, seconded by D. Adcock, to approve change order #20 for $7,080.   Motion carried.

Bulletin #4 – Wirt Library Landscaping – E.  J. Martini asked F. Paffhausen if S. List had been included in the meeting that he and H. Wetters had with the Bay City Garden Club.  F. Paffhausen responded that S. List had attended it and has also had meetings with the Bay City Garden Club that he and H. Wetters were not at.  H. Wetters stated he believes that the Library board has already taken affirmative action to remove the landscaping cost from the project.  E. J. Martini does not recall the Library Board making that decision, only that it was discussed. H. Wetters explained that it had been decided to delay the landscaping until the spring as it did not make sense to purchase plants and install them in November and December.  E. J. Martini pointed out that the bid package calls for installation of plants in the spring and that it is important to adhere to the bid proposal to avoid conflicts with any labor agreements.   J. Davison and D. Adcock did not recall any formal motion; only the concern that the planting be done in the spring. E. J. Martini stated that bids are being taken now for planting in the spring and has stated the request to receive three bids for the landscaping work.  H. Wetters suggested that if it is determined there was a formal motion from the Library Board to remove the landscaping budget from the project, then trustees would need a formal motion to rescind it.  E. J. Martini directed that a review of the Library Board minutes be done to determine if a formal motion was made and to inform B. Redmond of the findings.  

CONSTRUCTION INVOICES

Motion by J. Davison, seconded by D. Adcock, to approve the Construction Invoices, Certificate $630,933.99.  M. Kaplenski, D. Adcock, J. Davison and E. J. Martini voted yes; H. Wetters voted no. Motion carried.

Transfer of monies to the County to pay invoices

Motion by D. Adcock, seconded by J. Davison, to approve the transfer of monies to County to pay the construction invoices.  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 D. Adcock, 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 apologized for not submitting a written report as requested from last month’s meeting.  SME has determined the reason for the cracks but in addition to this determination, M. Paulus asked them to submit a solution to the problem.

Auburn Branch Library Insulation – Mark Paulus – M. Paulus explained there are two carpenters working at the Wirt Library and once that there work is completed there, will take care of the insulation at the Auburn Branch Library.  H. Wetters requested detailed billing including time sheets of which building these carpenters have spent time at.  As he pointed out it was agreed that the Library would not be paying for the insulation work at the Auburn Branch Library; that this work has already been paid for by the architects and there he wants to be certain the Library does not pay for it again if it should be included with the work done at the Wirt Library.  

ANNOUNCEMENT

E. J. Martini reminded Library Board trustees of the 4:30 p.m. Special Board meeting this afternoon and the Finance Committee meeting immediately following.  Also on November 11, 2005 at 1:00 p.m. there will be a Personnel Committee meeting.

OTHER

H. Wetters requested that B. Redmond, regarding the $1,400 legal bill, which the Library Board reluctantly approved, supply copies of all the  work product and notes from these billings from the joint attorneys, Art Pomenville and Bodman Longley.  He makes this request with the intention of passing them on to both the chairman of the board and the County Executive.

Motion by J. Davison, seconded by D. Adcock, to adjourn the meeting at 12:43 p.m.  Motion carried.

Respectfully submitted,

____________________________________                        ___________________________

Derald Adcock                                                                         Eileen Schulz

Secretary/Treasurer                                                                  Recording Secretary