MINUTES OF THE
BOARD OF TRUSTEES
REGULAR BOARD MEETING
Ella Jane Martini, Chairperson, called the regular board
meeting of the Bay County Library System Board of Trustees to order at
Alice and Jack Wirt Public Library.
Roll call present: Derald Adcock, James Davison, Mark Kaplenski, Ella Jane Martini and
Howard Wetters
Other: Georgianne Adcock, Kevin Ayala, Connie Barton, Judy Brown, Avram Golden, Esther Harrington, Milton Higgs, Marilyn Kaeckmeister, Karen Koroleski,
Steve List, Mark Maul, Sally McCollum, Paula Pashak, Sheila Pearsons,
Carrie Ramirez, Eileen Schulz, Linda Smith, Marge Spiker, Ryan Stanton,
Dee Sweeney, Sarah
Wohlschlag, and Jack Wood
MINUTES
Motion by J.
Davison, seconded by D. Adcock, to approve the minutes of
Ella Jane Martini stated, since the minutes from the Library Board meeting held yesterday were just now presented to trustees, they will be deferred to the April board meeting to allow time for review.
BILLS PAYABLE
Howard Wetters asked if there were any legal bills in the packet. Kevin Ayala responded that check #35543 – Gilbert Smith & Borrello for $775 was due to the work done by attorney Bill Smith on the environmental clean up costs at the Alice and Jack Wirt Public Library location. H. Wetters asked for an explanation of check #35545 – MSU Extension Office for $305.27. It was determined that although the bill received by the Library was from the MSU Extension office, it was in reality a reimbursement to the Master Gardeners who purchased plants from the MSU Extension office, to replace those that had died last winter. H. Wetters abstained from approving the bills as he is the Director of the MSU Extension office. H. Wetters asked that a notation be made on the check stating it is a reimbursement to the Master Gardeners for plants they purchased.
Motion by D.
Adcock, seconded by J. Davison, to approve the bills as presented in the amount
of $613,732.80. H. Wetters abstained. Motion carried.
FINANCIAL REPORT
February 2006 Financial Report
February 2006 Penal Fine Report – K. Ayala reported the February Penal fines have come in over budget.
Motion by J.
Davison, seconded by D. Adcock, to receive the Penal Fine report. Motion carried.
DIRECTOR’S REPORT
E. J. Martini added her thanks to the custodial staff for the additional work that was done to prepare for the Alex Izykowski, ‘Izzy’ day at the Library.
Motion by D.
Adcock, seconded by M. Kaplenski, to receive the Director’s Report. Motion carried.
Open to the Public
Milton Higgs – M. Higgs commented that he has
been involved with the Library’s construction project from the beginning and
believes that the Library Board trustees have a special responsibility to the
community. He stressed that there is
more at stake than any one individual and that the Library board needs to work
together; support the Board’s decisions as a whole. He commended the board chair with the
decision she made on
Sally McCollum – S. McCollum is a member of the Genealogy Society and is a Library supporter. She shared that the past Director was a speaker at one of the meetings she had attended and commented that at the meeting the Director cursed, put down the government and the servicemen serving in the military. She referred to one of the recent newspaper articles which stated that the comments were coming only from disgruntled employees; she shared that she is not an employee but a member of the public who is disgruntled.
Carrie Ramirez – C. Ramirez commented that it is now time that everyone gets together and support the Library and the decision made by the Library Board of Trustees.
CORRESPONDENCE
Please Tell Us What You Think-Beverly Bedell, Mary
Bleau,
Letter from Maureen Duley – James Davison asked
that staff research this request made by her to charge for library cards for
those who live outside of
Letter response to:
Stephen Grewe and Katie WAchowiak
Mark Kaplenski wanted to assure the public that these comments are reviewed by the Library Board and encouraged anyone interested to share their comments, opinions, or concerns with the board.
Motion by J.
Davison, seconded by D. Adcock, to receive the correspondence.
Amendment to the
motion to defer the suggestion by Maureen Duley, page 38, to the Managing
Librarians. Motion carried.
COMMITTEE REPORTS
Personnel Committee – James Davison, Chairperson – J. Davison shared there will be a Personnel Committee meeting scheduled in the next few weeks.
Finance Committee – Ella Jane Martini, Chairperson
No meeting, no report.
Millage Renewal Committee – Mark Kaplenski Chairperson – M. Kaplenski shared there have been two meetings scheduled to discuss the millage renewal. All of the required millage renewal paperwork has been filed with the County. The committee has received much support from the public to volunteer and help with the renewal. He thanked all who have contacted him and for their enthusiasm.
UNFINISHED BUSINESS
Sage Steps Fishbeck, Thompson, Carr & Huber recommendation – Steve List has met, per the request of the board, with the architects and construction manager regarding the repairs to correct the cracks that have formed in the steps at Sage Branch Library. The recommendation is to use the Light Gray color of urethane paint for the repair. J. Davison verified from a previous meeting it was understood there would be no cost to the Library. S. List conquered with that statement. It was stated there would be no warranty on the work but a one year warranty for the paint.
Motion by H.
Wetters, seconded by D. Adcock, to approve the recommendation of FTC&H to
repair the Sage Branch steps and to use Light Gray urethane paint. Motion carried.
Update for coffee shop – Lease agreement – Kevin Ayala shared that he has met with the electrical and plumbing contractors and will bring back for board approval, their cost estimates on the work that needs to be completed in order to meet health code requirements. The Library has received the approvals needed from the Health Department and once all the work is completed, they will conduct a final inspection. K. Ayala asked Trustees for their input on the draft lease on page 43-45. H. Wetters pointed out that he recalls that Skanska was responsible for the electrical and plumbing work that is now being done and paid for by the Library. He questioned why this was not being taken back to Skanska or for that matter, why the vendor would not be expected to pay for it as the Library is only proposing $350 per month for rent, which he believes to be too low. E. J. Martini responded this work would not be anything that vendor could take with them and that the area for the coffee shop was built as requested. S. List added that he recalls when the GMP was being determined, it was decided at that time the area meant for the coffee shop would have the minimal work done, then when a vendor was chosen, the additional work needed for their equipment would be done at that time. It was suggested the proposed contract be reviewed by legal counsel. M. Kaplenski shared he recalls it was the intentions of the Library to work with the vendor to create a successful partnership. He noted that K. Ayala has researched other libraries that offer a coffee shop service and took into consideration the rate they charge. He pointed out that the purpose of only entering into a one year lease agreement is to be able to renegotiate after the vendor has been opened for that length of time, allowing both the Library and vendor an opportunity to re-evaluate the business. He believes it is important to stay with the original agreement for a year and then review at that time.
J. Davison asked how the $350 per month was
determined. K. Ayala responded he did
this by surveying other libraries throughout the state that offer a coffee shop
service; some were as low as $200/month others were at $500 per month. J. Davison asked what the going rate for
leasing space in
Motion by H.
Wetters, seconded by M. Kaplenski, to approve the proposed contract pending
review by legal counsel’s review for a period of one year. In addition, to add a clause to the lease
that states that due to the time constraints this contract is being approved
more rapidly than other wise would happen and that renegotiation of the
contract after one year will most likely happen. To lease the space for $420 per month and to
require disclosure of the gross and net sales of the business. To authorize the board chair to sign the
lease on these conditions. Motion
carried.
Art Display – Avram Golden explained that as an owner of his own art gallery here in Bay City, he has, along with other area businesses and colleges, have begun a gallery walk in downtown Bay City that is held the first Thursday of each month. He is proposing to the Library to become part of this gallery walk by displaying art from his gallery. Trustees are interested but are concerned about the liability of the artwork as there is no security cameras located in the gallery area. If the board were to agree, they would want assurance in writing that the Library would be held harmless if anything would happen to damage the artwork. E. J. Martini requested A. Golden to submit a written proposal for the board and to work with S. List and K. Ayala to plan for the display of artwork at Wirt Library. She asked that further discussion to be deferred to the next board meeting.
Motion by M.
Kaplenski, supported by H. Wetters, to refer this to staff to work with A.
Golden and bring back a proposal to next month’s board meeting. Motion carried.
Auction results at
Unique Management results – K. Ayala reported that it has been one year since the Board made the decision to hire the Unique Management Systems to retrieve overdue material from patrons. Since that time there has been $22,000 in materials and dollars returned. This company has noted the return to the Bay County Library System is above the average they have seen with other Libraries. K. Ayala commented that he will check with Unique Management Systems to see if the Library will need to renew the one year contract.
Motion by H.
Wetters, seconded by D. Adcock, to authorize K. Ayala to renew the contract
with Unique Management. Motion carried.
Garden Landscaping –
Motion by J.
Davison, seconded by D. Adcock, to authorize S. List to proceed with the
proposed
Motion by H.
Wetters, seconded by J. Davison, to authorize the Library Board Chair to
finalize the sale of the
Library Design Signage – E. J. Martini asked if
the Managing Librarians have had an opportunity to review the list submitted by
Library Design. S. List responded they
have not nor has he. He suggested that
this list can be reviewed and then used to solicit bids for the signage. H. Wetters suggested it may be of benefit to
the Library to purchase a sign making machine, similar to that of the
County’s. He shared that this may save
money as it is determined when additional signage is needed, staff changes,
etc. K. Ayala assured the board this bid
will be advertised in the local paper and sent to local sign makers in
Motion by J.
Davison, seconded by D. Adcock, to
authorize S. List and K. Ayala to work with the Managing Librarians to review
the list and determine how many and which type of signs will be needed for the
building. Motion carried.
NEW BUSINESS
Library Day at Tiger Stadium-May 21, 2006 – E. J.
Martini announced there will be Library Day at Tiger Stadium on
Real Estate & Construction Review –
Motion by J.
Davison, seconded by M. Kaplenski, to authorize S. List to work with Real
Estate & Construction Review – Michigan Edition magazine. Motion carried.
Property Content Insurance Renewal Rates – K. Ayala presented the renewal rates for this year, which include; property and content, crime, boiler and machinery, and general liability for a total premium of $70,404 and as there is a budget of $75,000, they have come in at $5000 under budget. This will be the rate for 2006/2007. H. Wetters recalled that it had been discussed that after the Wirt Library was completed, the Library would bid out the insurance. K. Ayala agreed, however the Board had decided to bid out the insurance last year and it is not good practice to do it on a yearly basis. It is recommended to bid insurance out every three years; therefore the Library should bid it out again in two years. H. Wetters asked if the Wirt Library was considered when the insurance was bid out. K. Ayala responded it had not. H. Wetters commented that as the Wirt Library represents 50% of the Library’s assets, it may be prudent not to wait two years to bid it out again.
OTHER
Contact Person for The
Motion by J.
Davison, seconded by D. Adcock, to appoint Kevin Ayala as the contact person
for the
On-Line Legal System – H. Wetters shared that the Bay County Prosecutor’s office has an on-line data base that includes all of the Michigan Compiled Laws, Case Law, and Supreme Court cases. This system is one that is updated on a regular basis. It was suggested that this system be made available at the Alice and Jack Wirt Public Library, where, with the additional open hours, would make it more accessible to the public for their use. He suggested that staff work out an arrangement with the Courts to bring this system to the Library and have it available for the public to use. He added this would be a free service for the public and no cost to the Library to obtain it. J. Davison questioned if it is a system that would need to be maintained by the Library’s Technology department. H. Wetters responded that is an online database, accessed through the Internet and does not believe it would need to be maintained. The requirement is to have a certain number of dedicated terminals within a community available for public use. He suggested staff contact the court administrator to work out the details.
Motion by J.
Davison, seconded by D. Adcock, to refer this request to K. Ayala and M. Maul and
bring back a written proposal to the next board meeting. Motion carried.
Independent Bank request – Upon the Library’s request to remove Fred Paffhausen’s name from all accounts, the Independent Bank requires a resolution from the Library Board to do so. E. J. Martini added that along with this request she is suggesting to add Kevin Ayala’s name to this account.
Motion by J.
Davison, seconded by D. Adcock, to approve the removal of Fred Paffhausen’s
name from all accounts with Independent Bank and to add Kevin Ayala’s
name. Motion carried.
Compensatory Time – D. Adcock requested that the administration staff, S. List, K. Ayala, and Eileen Schulz, who are required to attend board meetings after normal work hours, be compensated for their time. Trustees discussed how this would trigger the ‘me too’ clause in the UWUA Local 542 contract. It was decided to defer this item to the next Personnel Committee meeting for further discussion.
Motion by M.
Kaplenski, seconded by D. Adcock, refer this discussion on employee
compensation to the next Personnel Committee meeting for a recommendation. Motion carried.
CLOSED
SESSION to consider matters exempt from
disclosure under attorney/client privilege (as provided for under PA 267 of
1976)
E. J. Martini asked for motion to adjourn to closed session.
Motion by J.
Davison, seconded by D. Adcock to adjourn to Closed Session.
Prior to the roll call for this motion, H. Wetters asked
to hear the purpose of the Closed Session.
E. J. Martini responded it was to discuss a Civil Rights suit that has
been filed. H. Wetters responded that
there has been no suit filed, only an inquiry requesting information; if the
board were to go into Closed Session at this time, they would be in violation
of the Open Meetings Act. There has been
no lawsuit filed. E. J. Martini
responded the board has not seen the paperwork H. Wetters is referring
too. It was noted by M. Kaplenski that
not all board members have been made aware of this Civil Rights issue; that in
the future hopefully all trustees are contacted at the same time with the same
information in order to make an informed decision. It appears there are certain trustees who are
made privy to information that is not given to all trustees; it would be
prudent, that in the future all trustees are aware of issues to the same
degree. H. Wetters responded that the
reason he was aware of the paperwork is because he received a call from the
Library Director requesting a copy of the
K. Ayala added that he has been trying to get a copy of the document received by the Director, which has only been seen by certain individuals, but as of now, he has not been able too. He understands there are deadlines the Library needs to meet in responding to this matter.
This motion was withdrawn.
Motion by J.
Davison, seconded by D. Adcock, to review all the facts of this issue and if
need be, call a Special Board Meeting to discuss. Motion carried.
Motion by J.
Davison, seconded by M. Kaplenski, to adjourn the meeting at
___________________________
_______________________
Derald Adcock
Eileen
Schulz
Secretary/Treasurer
Recording
Secretary