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HomeMy WebLinkAbout~Master - Ames Public Library Board of Trustees Minutes of the Regular Meeting 08/16/2012Ames Public Library Board of Trustees Meeting Minutes August 16, 2012 The Ames Public Library (APL) Board of Trustees met in regular session on Thursday, August 16, 2012, in the City Council Chambers, 515 Clark Avenue, with Acker, Bradley, Budd, Campbell, Rawlins, Schill, and Stow in attendance. Trustee Meier was excused. Others present included: Interim Library Director Carey, City Attorney Doug Marek, Library Construction Advisor Brad Heemstra, Information Services Librarian Mary Logsdon, and Youth Services Supervisor Jerri Heid. Call to Order: Board President Stow called the meeting to order at 7:00 p.m. Consent Agenda: Moved by Manus, seconded by Rawlins, to adopt a resolution approving the consent agenda: 1) Donations a) From Ames Woman’s Club for three books ..................................... $39.81 b) From Edna Ackerman ........................................................................ $50.00 2) Minutes of the regular meeting of July 19, 2012 3) Claims Reports a) 7/1/2012 – 7/31/2012 (FY12 accruals) b) 7/1/2012 – 7/31/2012 (FY13) Vote on Motion: 6-0. Motion approved unanimously. Resolution adopted. Public Forum: None Financial Reports for Fiscal Year 2011/12 (FY12): Trustee Manus reported that she and Meier had met with library staff members Carey and Thompson to review this month’s reports. The committee plans to meet monthly and the full Board will receive reports quarterly. She said the committee found no major issues in the year-end report for FY12; however, the Finance Department has indicated that there could still be some final changes made this month during the final audit review. Manus made the following observations/clarifications: • Expenditures for overall operations came in on target at 98.9%. • The former director’s severance was paid from salaries, resulting in that line item showing over budget. • Expenses for internal printing (at the City print shop) were over budget, but were offset by under spending on outside printing—more printing was done in-house this year. • Expenses for the Electronic Collection were separated from Adult Reference and moved to a non-capital expense line; therefore, the Contractual category appears to be over budget and the Collections category appears to be under budget. The transfer was made because Electronic Materials are either downloadable materials or one-year subscriptions. They are considered collection expenses for library purposes, but for accounting purposes they are not considered capital, since they are not physical items and are not depreciated. Trustee Schill arrived at 7:04 p.m. Trustee Campbell complimented staff on coming close to hitting the budget at 100%, but said he hated to see $38,000 left on the table and wondered if there would be an opportunity to spend 2 the rest of it. Carey said there would not; the City is now in a new fiscal year and all departments operate under a new budget. Trustee Acker asked if there would be any impact on the budget next year. Carey explained that fiscal years 2012/13 and 2013/14 would both be years of flux, since the library will be moving in and out of temporary locations and then into the expanded and renovated facility. Activity Reports: Staff Report: Carey said that Tracy Briseño, who has been serving as APL’s Teen Librarian, was hired as the new Circulation Supervisor and Mary Gen Davis was hired as a half-time Youth Librarian. Interviews are coming up in the next few weeks for the Technical Services position, and the vacancy created by Tracy’s change in appointment has just been posted. Carey went on to say that staff is preparing for the move from 515 Douglas and making plans for doing business in the new library. This week all genres of the fiction section are being integrated and books are being placed on all shelves from top to bottom. This mimics what the shelving will look like in the temporary space and also frees up some units so that they can be moved ahead of time. Staff members are also busy cleaning their offices, disposing of whatever they can, and inviting other City departments to see if they can make use of any of the items the Library no longer needs. The Iowa Library Association Conference will be held in Dubuque October 10 through 12; Carey stated that staff could make arrangements for any of the trustees who were interested in attending. Ames Public Library Friends Foundation (APLFF) Report: Stow said the Teen Advisory Group ended its summer activities with 80 youth participating in the annual sleepover. Two small book sales in July brought in over $1,400. A mass solicitation for donations to the building project is being prepared for mailing this month. The board approved a new strategic plan, which Board President Roger Kluesner has agreed to present to the trustees next month. The APLFF is also planning a series of events around the departure from the existing library which may also be fundraising opportunities. Finally, Jennifer Garst, who is the Development Director for the Story County Community Foundation, was nominated and elected to the board. Library Building Project: Building Design Status: APL’s Construction Advisor Heemstra stated that the 90% complete construction drawings and a specifications book have been submitted to the library team for review; this set also serves as a last check for cost estimations. He said staff and the architects have spent quite a bit of time making sure that everything is on track to get work done and stay on the timeline. The City’s Purchasing Director, Karen Server, has also been helping. This week the library supervisors group and representatives of the MS&R team discussed design concepts for staff spaces and shared spaces. Trustees’ Contracting Authority: City Attorney Marek spoke to the trustees about the formal process that must be followed in letting contracts for a public improvement construction project. It involves approval of plans and specifications, publishing notices to bidders, holding a public hearing after the bids are in, awarding the contract, and then approving the final contract and bond. Marek said the authority falls to the governing body that has the authority to spend the money and, up until now, the Board of Trustees has been forwarding major contracts to the City Council. On August 14, the City Council authorized the sale of $4.5 million in bonds for the library’s construction project. The Municipal Code allows the trustees to have total control of 3 money designated for the library so, once the bond money becomes available, approximately the first of October, it could be under the Library Board’s complete authority. The City Attorney said that in 1983 the Library Board used a construction manager and the trustees received the bids, sent out the notices, and handled the entire process of holding hearings, awarding, and approving contracts. The group he met with this week, however, felt that since the City’s Purchasing Department and City Clerk regularly do these functions, it might be wise to designate them in September as agents for the Board of Trustees. Marek said he had spoken to both offices. They are agreeable to playing that role, if the Trustees desire it, and he would recommend it. Marek noted that next month there will be a contract to award for abatement of asbestos and lead-based paint. That work is considered a public improvement under state law. Depending on the timing of the bid letting and the contract award, the bond funding may or may not be available, so whether the Library Board or the City Council should be the authority is a matter still in flux. Campbell asked if the City Clerk’s and Purchasing Department’s services would be free to the library. Marek said they would be, just as they are to all City departments. Update on Abatement: Moved by Acker, seconded by Campbell, to adopt a resolution approving a professional services agreement with Terracon Consultants, Inc., to provide Asbestos and Lead-based Paint Abatement Services described in the proposal dated August 16, 2012, with charges based on actual services performed for a cost not to exceed $41,221.00. Heemstra said that Terracon had conducted the initial survey to identify asbestos-containing materials and lead-based paint, so the firm has been asked to prepare the documents to describe the work that needs to be done, facilitate the process of conducting tours for bidders, monitor the practices, test the materials, ensure that state laws are followed, and prepare a close-out report. Invoices will be based on work performed, but the firm estimated that the work would require twenty days on site and would cost $41,221. Trustee Budd expressed concern about the following statement in the proposal: “Please note that Terracon’s plans and specifications may not be used by another consultant or consultant agency to monitor the project without prior written permission from Terracon.” Budd said he felt that the library should have access to the information it had paid to receive. City Attorney Marek said that he guessed that Terracon inserted this statement to ensure that the firm would get both parts of the package—the preparation of the description of the scope of work and the monitoring. He added that the trustees could ask that the terms of the proposal be altered, but he assumed that either the request would be refused or the price would change. He added that it is in the library’s best interest to have one party describe the task and to monitor it, so that if something were to go wrong, there would not be two companies attempting to place blame on each other. Budd also asked about the final bullet point under Task 2, which stated that Terracon would “recommend to APL the bid to accept based on APL’s criteria for bids.” Budd said he could understand the library accepting Terracon’s assessment that a certain bid was not responsive and should not be considered, but he did not see how the firm could make a recommendation— it was his understanding that the library would have to take lowest bid. Marek said that Budd was correct; in this case, Terracon would make a recommendation based on the library’s criteria 4 and the APL criteria would be to accept the lowest bid. Campbell asked about the cost and how this $41,000, as well as the $19,200 spent for the Phase I survey, fit into the $150,000 set aside for abatement. He also wondered how much asbestos and lead had been found. Heemstra stated that the costs were both part of the $150,000 in MS&R’s estimate; the rest of that line item will be for the work. The City Attorney explained that part of the required plans and specifications is the professional firm’s estimate of the total cost. There is frequently a variation between the architect’s or engineer’s estimate and the actual cost of the work. In this case, once the library’s walls are opened up, a change may be required. This contract presently calls for 20 days, for example, but if the work must go beyond that, a change order will have to be approved. Carey said that both asbestos and lead-based paints were found in the 1904/1907/1940 building; asbestos was also found in some caulking in the 1984 building. Stow added that the architects found that in 1984 a new roof was installed over the old roof of the historic section, so some testing for hazardous substances will have to be done before it can be replaced. Vote on Motion: 7-0. Motion approved unanimously. Resolution declared adopted. Report on Plan for Printing and Distribution of Plans and Specifications: Heemstra said that Karen Server prepared a document to be used to solicit proposals for printing of the bid documents, managing the bidders list, issuing addenda, etc. The work was estimated by the architects at $40,000. After the proposals are received and the Library Board awards a contract in September, it is anticipated that the City Manager’s approval will also be needed. Temporary Space at 620 Lincoln Way: Stow said the Board verbally agreed in July to let the Executive Committee review the lease agreement and approve it, but since it still has not yet been finalized, he would like to have a formal motion. Because of the cost, the contract will require City Council approval. Moved by Bradley, seconded by Budd, to adopt a resolution authorizing the Executive Committee to review the terms of the lease agreement between Midwest Centers, L.P., and Ames Public Library for two suites located at 620 Lincoln Way and, upon finding it satisfactory, to request approval by the Ames City Council. Marek said that he had had a conference call with the landlord’s attorney earlier in the day to review comments and objections. A revised draft addressing the City’s concerns is supposed to be returned in the next three days. Marek said there may be a need to conduct further negotiations, but it did not seem there were any major problems. Acker asked if there were procedural requirements, such as publicity of the Executive Committee meeting, posting of an agenda, or the like. Marek said the trustees’ motion is to move the process forward and request approval by the City Council. The City Council Meeting would be a public proceeding, so once there is an agreed-upon draft, the lease could be made available as a public record. Stow proposed that a copy of the lease be included in next month’s Library Board packet. Vote on Motion: 7-0. Motion approved unanimously. Resolution declared adopted. Temporary Space at 809 East Lincoln Way: Moved by Manus, seconded by Schill, to adopt a resolution authorizing the Executive Committee to review a lease agreement 5 between Haynes Kenton and Ames Public Library for the property at 809 East Lincoln Way and, upon finding it satisfactory, to authorize the Interim Director or Board President to execute the document. Heemstra said he was working with the owner of the property, which is a cement building behind the CENEX gas pumps on the north side of East Lincoln Way. The building is not fancy, but it offers a garage for the bookmobile, office space for the graphic design staff, and will allow for on-going book sales. It’s very functional and available at a good price. The City had a few comments about the lease agreement which the landlord now has to address. Because of its total cost, this lease may be executed by a library representative, without approval of the City Council. Vote on Motion: 7-0. Motion approved unanimously. Resolution declared adopted. National Endowment for the Humanities (NEH) Challenge Grant: Carey said that when MS&R started working on the contract documents, the Building Project Committee started looking more closely at the requirements of the NEH Grant. It seemed possible that if all the NEH requirements were included in the construction documents, the cost of the project could significantly increase, and the group could not determine if that cost would be offset by the amount of the grant, if APL were to receive it. The group also discovered that only 17% of applicants received awards over the last five years. Carey stated that the required Section 106 Review, which has to do with the effects of a project on historic properties, has to be initiated by the NEH after they award the grant and the process can take up to a year. Two persons Carey spoke with at the NEH office cautioned that the project should not be started before the Section 106 Review was initiated—one woman actually said that if construction began beforehand, the project would be “a total nightmare.” After discussions, therefore, the committee decided not to have MS&R include NEH requirements in the construction documents. The library is not intending to withdraw the grant application, but will wait to see if it’s awarded in December and make a decision at that point. Carey said she was assured that there would be no prejudice against future grants to APL if it were awarded the challenge grant and then declined to accept it. Stow thanked the three individuals in the room who worked to prepare the grant application. Library Renovation Project Financial Reports: Stow noted that the report showed $300,000 in donations having been received from the APLFF by the City, but the current total is $350,000. Campbell asked about the announcement that was made on Wednesday. Carey said that the Friends Foundation took the opportunity to honor the Ames Foundation and First National Bank with “Big Check Presentations.” There are plans to continue offering these opportunities to others who have made large donations to the building project. Policy Review: Programs Policy Moved by Campbell, seconded by Rawlins, to approve updates to the Programs Policy as presented/amended. Mary Logsdon, Information Services Coordinator, and Jerri Heid, Youth Services Specialist, presented several proposed changes to the Programs Policy. Although they have almost no effect on the underlying philosophy, the text changes were to: 6 • Include online activities in the definition of programming; • Add an emphasis on the library itself (the place) and the resources found within it; • Rearrange information in the paragraphs on attendance and fees so that general practices are stated first and exceptions follow, and • Refer readers to the Expressions of Concern Policy, rather than to describe the process. Logsdon explained that library programs are generally free, but sometimes fees may be charged for cost recovery, fundraising for the library, or when individuals who create a program sell associated works as a way of expanding on the informational value of the program. Heid remarked that the library makes every attempt to accommodate everyone who wishes to attend programs, but noted that there may be restrictions depending on room size or the intended audience (e.g. babies or teens) and staff needs the support of a policy for reference. Trustee Rawlins recalled a recent discussion about film ratings and asked if the Programs Policy should possibly include a statement indicating that the library is not responsible for monitoring program attendance by minors. Heid stated that the Collections Policy does address that issue. While the right to use a library includes free access to all materials and facilities, APL supports parents’ and guardians’ responsibility to assist their children in making appropriate selections. It was agreed that a line should be added to clarify this and sent to the board via e- mail. Stow asked how staff utilized the ALA Guidance Document “Library-Initiated Programs as a Resource.” Logsdon said that she regularly uses a statement during welcoming remarks that comes directly from that document: “Library sponsorship of a program does not constitute an endorsement of the content of the program or the views expressed by the participants…” Although it may not sound welcoming, it is helpful in establishing a standard and advising participants that the library encourages public discussion. Heid added that having the backing of a well-considered position is a re-affirmation to staff that the actions they may take are not done in order to restrict access; rather, exceptions to the policy are more related to safety. ALA guidance helps establish that attitude as a right. Acker said she appreciated the care that staff took with the tone of the language in the policy. Vote on Resolution as presented, with the request that staff add language indicating that the library staff is not responsible for monitoring the types of films or programs that minors opt to attend: 7-0. Motion approved unanimously. Resolution declared adopted. Trustee Comments: Rawlins noted that she had been absent in July and welcomed Jane Acker to the Board. Campbell also welcomed Acker. He said he appreciated staff coming to help break down policy, and Heemstra’s help in getting the library through the building project process. Budd, who had been out of state and missed the last two meetings, remarked on how refreshing it was to get back into the whirlwind of the building project. Acker said that it had been fun for her to participate in an APLFF “big check” photo opportunity earlier in the week. 7 Stow said he anticipated a heavy agenda next month—the library is now in a twelve week count-down! Adjournment: The meeting was adjourned by consent at 8:07 p.m. The next regular meeting will be on Thursday, September 20, 2012, at 7:00 p.m., in the City Council Chambers, 515 Clark Avenue. ____________________________________ ___________________________________ Karen C. Thompson, Administrative Assistant Laura Rawlins, Secretary of the Board