MINUTES OF THE

BAY COUNTY LIBRARY SYSTEM

BOARD OF TRUSTEES

Joint Meeting with Building Authority

August 10, 2005

Ella Jane Martini, Chairperson, called the meeting of the Bay County Library System Board of Trustees to order at 12:04 p.m. on August 10, 2005 in the County Commission Chambers, Bay County Building. 

Present:            Mark Kaplenski and Ella Jane Martini

Howard Wetters arrived at 12:09 p.m.

Excused:           Derald Adcock and James Davison

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

John Pflueger, Gary Phillips, and Tom Ryder

Others:             Kevin Ayala, Stephanie Corona, Scott Frey, Steve List, Louis Long, Fred Martini,

Fred Paffhausen, Bob Redmond, Eileen Schulz, and Deb Stone

MINUTES

Motion by H. Wetters, seconded by M. Kaplenski, to approve the minutes from the July 17, 2005 Regular Board meeting.  Motion carried.

OPEN TO THE PUBLIC

There was no public input.

LIBRARY IMPROVEMENT PROJECT

Construction Manager – Stephanie Corona and Scott Frey - Skanska –Monthly report # 30 –

Stephanie Corona reported the current construction of the Alice & Jack Wirt Public Library is 60% complete; billed for 58% and the current projected expenditures on contingencies is at 34%.  Scott Frey shared that the exterior masonry work is progressing with 50% of the north facade completed and by the end of the month the entire exterior will be finished, except for the clock tower.  Windows are being installed on the northwest corner and will progress to the north side later this week.  All windows should be completed by the end of this month.  The site work has resumed.  Bay City Power and Light is now burying overhead utility lines.  The wall framing is now complete on the first floor.  Overhead mechanicals are 75% complete, including electrical and fire suppression.  On the second floor 75% of the drywall has been hung.  On the third floor the final connections for the mechanical equipment are being completed along with the final duct work.  The drywall on the third floor is hung, with the finishing work to begin next week. 

Auburn Branch – Landscaping – At last month’s meeting staff was asked to have the soil tested to determine why the Arborvitae trees died.  Howard Wetters shared that after soil samples were sent to MSU for evaluation, it was determined there were several issues that may have contributed to the trees dying.  The recommendation is to determine whether these trees were planted correctly, burlap bag removed, spaced correctly, etc.  Secondly, M.S.U. suggested it may have been a drought injury caused from being planted on a berm.  Third, after analyzing the soil, it was discovered there were insects on the samples brought in for testing.  Although it was not just the insects that killed these trees, the ones that are still alive should be checked for insects.

Bulletin No. 2 – Wirt Library lighting issue – Stephanie Corona – S. Corona shared that the light fixtures have been ordered and the issues that were raised at the last meeting regarding the labor costs, have been revised.  The contractor has removed several of the cost items Steve List had questioned.

Auburn Branch Attic Insulation – Trustees asked about the insulation for the Auburn Branch Library attic.  S. Frey responded that once the weather cools off, he would have the insulation installed.

Tour of the Alice and Jack Wirt Public Library – S. Corona suggested a tour for both boards to be scheduled sometime next month.  H. Wetters asked if tours could also be scheduled for other groups such as the Capital Campaign, donors, etc. that are interested in the project.  S. Corona responded that the insurance carried on the project, only covers employees of the Library and Building Authority Trustees.  This becomes a liability issue if someone were to get hurt while touring the building.  Once the project is more complete no obstacles in walkways, finished walls, solid flooring, etc., it would be easier to conduct a tour for others who are not employees or trustees.  She added that the time is coming soon when a tour could be offered to outside groups.  H. Wetters asked if the library looked into carrying a rider on the current insurance policy, if it would ease some of the concern Skanska has with this type of tour.  S. Corona shared that Skanska has also looked into getting some type of waiver that individuals could sign before taking the tour but they still would like to wait for more of the construction to be finished before conducting additional tours.  Safety is their primary concern and by waiting for more of the construction to be completed, would make it favorable for tours.

Battery Park Lease – Fred Paffhausen reported on the lease for Battery Park, which both boards have a copy of.  This lease will give the Library a 99 year lease for Battery Park as they now have for Pershing Park adjacent to the Sage Branch Library.  He shared that trustees and the City of Bay City have worked on this agreement for the past three years and have now reached the agreed upon language for the document.  F. Paffhausen added that he has had the Library’s legal counsel, Patrick Kaltenbach, review the agreement and noted the suggested changes to Article II: to remove the words ‘for good cause’ and add to Article V:  ‘City approval shall not be unreasonably withheld.’  Library Board Trustee, Mark Kaplenski, questioned why the lease included all four quadrants of Battery Park, not just the south two quadrants that the Alice and Jack Wirt Public Library are being built by.  H. Wetters responded that from the original site plans, all of Battery Park was included and when discussions took place with the City for a 99 year lease, it was understood that it would include all of Battery Park as the lease is for Pershing Park.  M. Kaplenski believes that if the two north quadrants of Battery Park are included in the lease with the library, it would be an added expense for maintenance, issues with liability for the property, added insurance costs, snow removal, etc.  F. Paffhausen responded that the Library would indeed be responsible for all maintenance of the property and added there is money in the budget to cover the cost.  After further discussion, trustees were in agreement to defer until the next regular board meeting of the Bay County Library Board of Trustees. 

Bob Redmond commented that the Library project is controlled solely by the Building Authority and that it was he who contacted the City of Bay City to discuss the process in order to issue a lease for the park.  He was told by the City Manager, the property would need to be removed from the City’s Master Plan.  This request for the lease came from the Building Authority to the City’s Planning Commission asking for a 99 year lease for the south quadrants only.  It was only later, that the north quadrants were added to the request for a 99 year lease.  B. Redmond, referring to the lease, has several questions and would like to meet with F. Paffhausen to discuss them before the Library Board approves the lease.  E. J. Martini asked for a motion to defer the Battery Park lease discussion until the August Regular Board Meeting.

Motion by H. Wetters, seconded by M. Kaplenski, to defer the Battery Park Lease discussion to the next Library Board of Trustees Regular Board meeting and ask that the Library Director contact the City asking if the Library could have a lease only for the two south quadrants of Battery Park.  Motion carried.

CONSTRUCTION INVOICES -– H. Wetters spoke briefly regarding the County AdHoc Committee meeting that is scheduled for today to discuss legal fees incurred by the library.  He pointed out that the Bay City Times has made a huge issue over what the Library has paid for in legal services.  As there is an invoice for $690 from Braun Kendrick & Finkbeiner for legal services included in the packet of Construction Invoices that may be questioned.  He shared that after reviewing the list of invoices; he believes a prudent person would ask legal counsel to review them.  He shared that his standard for doing business as a Library Board Trustee is as an individual, that is he would hire an attorney, therefore his responsibility as a Trustee, would be to do the same, to seek legal assistance in Library business. 

E. J. Martini asked that in the future she would be notified of when the Ad Hoc meetings take place.

Motion by H. Wetters, seconded by M. Kaplenski, to approve the Construction Invoice packet total $677,533.04, Certificate 38.  Motion carried.

CLOSURE REPORT

No discussion.  This report will be received at the next regular board meeting.

PROJECT FINANCIAL REPORTS

Construction Project Expense Summary

Construction Budget, Estimates and GMP Summary

Capital Campaign Summary Report

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

OTHER

Bay City Mall – Satellite Branch – K. Ayala announced that he was contacted this week by the Bay City Mall asking that all furniture be removed from the vacated Library at the Mall by August 20, 2005.  K. Ayala has contacted several moving companies to compare costs for moving and storing the furniture.  Stevens Van Lines quoted $4,200 for moving the furniture and a cost of $6,000/year for storage.  He is recommending hiring Stevens Van Lines to move and store the furniture.

Motion by H. Wetters, seconded by M. Kaplenski, to hire the low bidder Stevens Van Lines to move the furniture from the Satellite Library at the Bay City Mall for $4,200 and to store this same furniture and equipment at a rate of $6,000/year.  Motion carried.

Motion by H. Wetters, seconded by M. Kaplenski, to adjourn the meeting at 12:45 p.m.  Motion carried.

Respectfully submitted,

______________________________                        ______________________________

Derald Adcock                                                             Eileen Schulz

Secretary/Treasurer                                                      Recording Secretary