MINUTES OF THE
BAY COUNTY LIBRARY SYSTEM
BOARD OF TRUSTEES
Joint Meeting with Building Authority
September 14, 2005
Ella Jane Martini, Chairperson, called the meeting of the Bay County Library System Board of Trustees to order at 12:05 p.m. on September 14, 2005 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, and Tom Ryder
Others: Georgianne Adcock, Kevin Ayala, Stephanie Corona, Scott Frey, Michael Gray, Steve List, Louis Long, Fred Martini,
Fred Paffhausen, Art Pominville, Bob Redmond, Eileen Schulz, Tom Starkweather, and Deb Stone
MINUTES
Motion by J. Davison, seconded by D. Adcock, to approve the minutes from the August 10, 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 #31 –
Stephanie Corona shared that the construction for the Alice & Jack Wirt Public Library is 75% complete. Scott Frey continued with the update, stating that the exterior masonry is near completion; all windows and exterior door frames have been installed. The site grading is continuing; installation of the curbs and sidewalks has begun. The utility relocate is complete with the exception of Charter Communication, which should begin in the near future. Skanska has begun the demobilization of the storage trailers as the site development continues. On the third floor, pipe installation continues; hooking up equipment with three of the five air-handling units near completion. Drywall work has been completed; with work finishing up on installing the ceiling grid and the painting. On the second floor, taping of the drywall, painting and ceiling grid work is being worked on. The drywall on the first floor is nearly all hung; with taping to begin shortly.
In response to Derald Adcock’s question, S. Corona responded the project is still on schedule for completion by December. However, the damper issue has impacted the schedule somewhat as Skanska has just now received the needed information on the wiring of these units. Trustees requested that they be informed of any foreseeable delays that may affect the timeline the library has for moving into and opening to the public.
Change Orders – Alice & Jack Wirt Library - Change Orders #28A - $1,899, #30- $924; #40 - $637, #42 - $1,553, #56 - $2,845, #59 - $755, #70 - $2,994 and #92 - $464 – These change orders are all within the authorization of the Building and Grounds Superintendent Steve List and meet with his recommendations. Change Orders #28B - $11,284, #28C - $8,794, #28D - $50,139 and #66 - $26,954 need board approval as they are over the authorization limit of S. List.
Motion by J. Davison, seconded by H. Wetters, to concur with the recommendations receive and approve the following Change Orders for Wirt Library #28A, #30, #40, #42, #56, #59, #70 and #92 and approve Change Orders, #28B, #28C, #28D and #66. Motion carried.
Change Orders – Pinconning Branch Library – #4; 26 Revised, 27 and 28 – These Change Orders are within the authorization of S. List.
Motion by J. Davison, seconded by M. Kaplenski, to receive change orders: #4; 26 Revised, 27 and 28 and to approve change order 30A. Motion carried.
Bob Redmond questioned change orders 28A, 28B, 28C, 28D for the Wirt Library, stating there was a request to change the wording of these change orders to read that all four are a decrease to the construction contingency and not an increase to the GMP. B. Redmond requested a written statement from Skanska noting, that this request has come from library Director, Fred Paffhausen. S. Corona responded that Skanska does not agree that these changes should come from contingency. It is their recommendation to add them to the GMP as these change orders are a change to the scope of the project. They can be funded from the contingency but by doing this, there is the risk that the project could run out of contingency monies before the project is complete and then, any changes made would be considered an increase to the scope of the project. S. Corona agreed Skanska would make a notation on each of these change orders that costs would come from contingency with the explanation that if the project’s contingency runs out before the project is completed and additional costs are incurred, that these change orders were a change to the scope of the project and an increase to the GMP. H. Wetters stated for clarification that the source of funding for the change orders 28A, 28B, 28C, and 28D, will come from the construction project contingency.
Motion by H. Wetters, seconded by J. Davison, to clarify that it is the Library Board’s intention that change orders, 28A, 28B, 28C and 28D, that the source of funds come from the contingency of Wirt Library project. Motion carried.
CONSTRUCTION INVOICES
H. Wetters questioned if there were any legal fees included in the construction invoice packet. Kevin Ayala responded there are, from Bodman Longley and Art Pominville, pages 45-49 of the construction invoice packet. H. Wetters asked for a detailed explanation as to the purpose for the billings. B. Redmond explained that the charges from Art Pominville were incurred from his review of the Battery Park Lease as it was discovered by B. Redmond that the lease listed an incorrect legal description for Battery Park. He added that a copy of the lease was sent to the Building Authority for their review and comments.
H. Wetters responded that the library board’s attorney had already reviewed this lease, and pointed out that the lease was presented as correct from the City after their legal counsel had reviewed it. To incur additional legal fees was, in H. Wetters’ opinion, not necessary. He said that it was the library board’s intention to duplicate a lease similar to what the Bay County Library System has now with the City for Pershing Park and that this lease for Battery Park had been reviewed by the library’s legal counsel. H. Wetters asked that if the Building Authority had questions on the lease, why these were not brought to the Library Board as the lease is between the Bay County Library System and the City of Bay City. B. Redmond responded that a copy of the lease was sent to him for his review and comments and after doing so, he discovered that the legal description was wrong on the lease. He then asked their legal counsel to review the document as well. H. Wetters asked then why this discrepancy was not brought to F. Paffhausen’s attention so that the library board could address it. B. Redmond responded that he did convey to F. Paffhausen that there was an error in the legal description and asked the Building Authority’s attorney, A. Pomminville after reviewing the lease if there was any language included protecting the Building Authority during the remaining 18 years left to pay off the bonds. B. Redmond added that the Building Authority is not asking to be a signatory on the lease on protected while the bonds are being paid off over the next 18 years and once that time has passed, the Building Authority will no longer be part of the lease for Battery Park. H. Wetters commented that even with this explanation, he still does not understand why, if the neither the Building Authority or County is a party to the lease, why the legal fees, incurred by the Building Authority, should be paid by the library. There was no communication back to the Bay County Library System bringing this issue to their attention. If there had been, this matter could have been returned back to the City for the City to incur the costs of correcting the legal description of the property. In addition to this change, H. Wetters asked if the Director has had the opportunity to review the additional language added to the lease. F. Paffhausen responded that he has not and neither has the library’s legal counsel.
E. J. Martini stated for clarification that it was the Building Authority’s attorney who corrected the legal description in the lease. B. Redmond responded that the library’s attorney, director and H. Wetters had reviewed the lease and did not notice the legal description discrepancy. H. Wetters responded that it was the City’s attorney who supplied the legal description of the property, which the library relied on them to be correct. He appreciates the fact the discrepancy was caught but it should have been directed back to the library board or the City for corrections to be made.
Amendment to the Motion by H. Wetters, seconded by J. Davison, to remove all the legal fees associated with the Battery Park lease, page 48 and 49 from the packet of Construction Invoice packet.
Roll Call: D. Adcock – No; H. Wetters – yes; J. Davison – yes; M. Kaplenski – yes; E. J. Martini – No. Motion carried.
Motion by D. Adcock, seconded by J. Davison, to approve the Construction Invoice packet total of $553,826.84, Certificate 39.
Roll call: D. Adcock – yes; M. Kaplenski – yes; J. Davison – yes; H. Wetters – yes;
E. J. Martini – yes. 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
Transfer funds – K. Ayala explained that the available bond monies are close to being depleted. There is roughly $459, 000 left of bond proceeds available to cover this month’s construction invoices that total over $500,000 in expenses. As discussed at an earlier meeting, trustees agreed to authorize the County Treasurer to transfer the needed funds from the 1 mil money account on a monthly basis, to cover construction invoices.
Motion by H. Wetters, seconded by J. Davison, to transfer $70,500 to cover construction invoice costs.
Roll Call: H. Wetters – yes; J. Davison – yes; D. Adcock – yes; M. Kaplenski – yes; E. J. Martini – yes. Motion carried.
NEW BUSINESS
Motion by J. Davison, seconded by D. Adcock, to adjourn the meeting at 12:50 p.m. Motion carried.
Respectfully submitted,
____________________________________ ___________________________
Derald Adcock Eileen Schulz
Secretary/Treasurer Recording Secretary