Wednesday, December 17, 2008
Mercy Rodriguez and Jim Whitlatch.
President John Walsh called the meeting to order at 5:45 p.m.
John Walsh announced that Item 6 (the Ellettsville Children’s Addition Bid) is not ready and will be deferred to the meeting scheduled for Monday, December 29 at 5:45 p.m. in Meeting Room 1C.
The consent agenda (minutes of Nov. 19, 2008 Board meeting; minutes of Dec. 10, 2008 Board work session; monthly bills for payment; monthly financial report; personnel report; Board calendar) was presented for approval.
Randy Paul stated that he had previously asked how much money had been paid to the attorneys for union negotiations. In looking at the monthly bills he saw an October payment of $10,330 and a November payment of $3,119 but felt that this did not track with the line item in the Rainy Day Budget. Sara Laughlin explained that the actual expense is reflected in the Rainy Day Budget, but that report includes only expenses through the end of November. The $3,119 payment was made on December 11. Also, the expense for October was less than the $10,330 listed on October bills because Ice Miller billed for travel and then later credited that amount. The total spent to date is $10,390. Sara noted that the ongoing negotiations are confidential and she has no details. Randy Paul asked how many meetings there have been. Sara stated that she does not know. Randy Paul stated that his concern is that assurances were made that efforts would be made to limit the expenses for attorney fees. Sara felt that the matter should not be discussed in a public meeting. Randy felt that nothing should be confidential about how many meetings there have been. Sara stated that efforts are being made to reduce expenses. Randy asked whether the attorney had been present at every meeting. Sara stated that she did not know. John Walsh suggested discussing the matter at an executive session in January. Randy insisted that it be discussed now or under old business. Randy asked whether the $10,000 spent to date would be subtracted from the $80,000 budgeted for 2009. Sara explained that the $80,000 for 2009 is a new budget. Randy felt that would mean $90,000 in payments to the attorneys and felt the Board is deceiving the public.
Steve Moberly suggested moving on with the consent agenda and requested a correction to the November 19 Board minutes: Page 2C, 2009-2011 Strategic Plan section, name should be Steve Moberly rather than Steve Ferguson.
Steve Moberly moved; Fred Risinger seconded approval of the consent agenda as amended. Motion carried unanimously.
Sara Laughlin reported that December has been a busy month with efforts to close out 2008 projects. The consultants for the Classification/Compensation Study were here on December 16. A grant has been received from the State Library for three early literacy computers designed for preschool children. Christina Jones wrote the grant proposal.
Sara Laughlin presented the 2009 Salary Schedule noting that it is the same as discussed during the budget process. The schedule includes a 2.3% cost of living increase plus a 0.7% increment increase for employees on the payroll as of 1/1/09. The base pay scale for individual classifications will be increased by 2.3%.
Steve Moberly moved; Fred Risinger seconded approval of the 2009 Salary Schedule. Motion carried unanimously.
Sara Laughlin presented the 2009 Holiday Closing Schedule for approval noting that the holidays are the same as in 2008 (10 paid holidays).
Penny Austin moved; Fred Risinger seconded approval of the 2009 Holiday Closing Schedule.
Sara Laughlin explained that this is the bid to replace the controllers in the current system. The system is 12 years old; many controllers have failed and replacements are no longer available. All controllers will be replaced and the computer software will be upgraded. A public bid was held with Harrell-Fish, Inc. being the lowest bidder at $139,900.
Randy Paul asked if Harrell-Fish is a local company. Sara confirmed.
Steve Moberly asked whether legal counsel had reviewed the bid. Sara confirmed.
Fred Risinger moved; Penny Austin seconded acceptance of the Harrell-Fish, Inc. bid in the amount of $139,000. Motion carried unanimously.
Sara Laughlin reported on the search for an architect for the Main Library Renovation project. Thirteen requests for proposals were sent out to local and other Indiana firms. Seven proposals were received. The renovation team (Steve Backs, Ned Baugh, Mark Mobley, Bara Swinson, Josh Wolf, Jim Gossman) along with Board members Penny Austin, Randy Paul, and Fred Risinger and Director Sara Laughlin reviewed the proposals and selected three firms to interview. Following the interviews, the team met to make a final recommendation to select Woollen Molzan and Partners. The firm has significant experience in designing and renovating public and academic libraries. They have a good process for including staff and public in developing options and also presented some preliminary ideas. Their fee was among the lowest (7.5% of the $760,000 project = $57,000). All three interviewed firms cautioned that the list of projects would likely exceed the $760,000 in available funds and it may be necessary to develop a longer term project with phases.
Penny Austin felt that all three firms were very capable and that Woollen Molzan showed a lot of passion in their thought and ideas. She believed it would be an excellent fit with the library.
Steve Moberly asked whether there is a timeline estimate. Sara said that no timeline has been laid out but she expects the design work to take several months. Upon approval by the Board Sara will request a contract and then finalize the timeline.
Fred Risinger moved; Penny Austin seconded hiring Woollen Molzan and Partners as the architects for the main library renovation. Motion carried unanimously.
John Walsh thanked the team, board members and administration.
Sara Laughlin explained that, in order to hold over 2008 budget funds and have them available in 2009, the funds must be encumbered. She presented a resolution to encumber 2008 funds in the amount of $229,845. The funds to be encumbered are:
Randy Paul noted that in the future it would be easier if items were separated into individual resolutions rather than combined. He said that he supports three of the items but has problems with the HVAC encumbrance because he felt it was moved up on the schedule solely to “get around” the Monroe County Council review.
Randy Paul moved that the Harrell-Fish, Inc. encumbrance in the amount of $139,900 be considered as a separate resolution.
Steve Moberly stated that without additional resolutions the items could not be separated and suggested proceeding as written.
Having received no second, Randy Paul’s motion to separate the encumbrances failed.
Steve Moberly moved; Fred Risinger seconded approval of encumbrances in the amount of $229,845 as presented. Roll call vote: Risinger, yes; Moberly, yes; Walsh, yes; Austin, yes; Ferguson, yes; Paul, no. Motion carried 5-1.
Sara Laughlin presented a resolution to update the language in two sections of the Monroe County Public Library Personnel Manual to provide correction of an omitted clause covering grandfathered 30-hour employees who retain classification as regular full-time employees. She explained that several years ago two or three 30-hour employees were grandfathered with full-time benefits. Currently only one employee is in this category. At the time of the grandfathering, language was inserted in one section of the personnel manual but not carried through to all sections. Proposed changes are in Section 2.9 and Section 4.8. In 2.9 the new language is: “In addition, employees hired prior to 01/01/2005 who work a 30-hour work week and are not in a part-time or temporary status remain classified as regular full time MCPL employees and, as such, are eligible for the same benefits as 37 ½ hour work week employees.” In Section 4.8 on Public Employees’ Retirement Fund: “Staff working fewer than 37 ½ hours per week are not eligible to enroll in PERF. Grandfathered MCPL employees enrolled in PERF as of 1/1/2005 shall be eligible to continue in the program.”
Steve Moberly asked whether the resolution had been reviewed by legal counsel and whether this is a closed group. Kyle Wickemeyer-Hardy confirmed that it is a closed group and that Attorney Jim Whitlatch had reviewed the wording. John Walsh asked whether someone hired in 2005 could drop to 30 hours and use this condition. Kyle noted that the resolution states “hired prior to 1/1/05”). Discussion ensued. It was decided to add additional clarifying language and to present for adoption at the December 29 meeting.
Randy Paul introduced the Resolution Honoring Cathy Rogers. Randy stated that the contribution of Cathy Rogers was so significant and ongoing that it deserves to be recognized in writing. He felt that her work in VITAL continues to touch a great number of lives through a chain reaction. He felt that presenting a copy of the resolution to her children would be meaningful to them. Randy requested that Sara Laughlin read into the record, and for the public, the content of the resolution. Sara Laughlin did so.
Randy Paul moved; Steve Moberly seconded adoption of the Resolution Honoring Cathy Rogers. Motion carried unanimously.
John Walsh thanked Randy Paul for proposing the resolution.
Randy Paul continued his comments regarding lawyer fees for union negotiations. He stated that 144 people had signed the petition opposing the budget line and numerous people had spoken against the $80,000 budget. He believes the Board and Administration have been deceptive in that he had previously asked twice if $80,000 was the total and had been told “yes”. Now, $10,000 has been spent and will be added to the $80,000 in the 2009 budget. He did not believe there is any reason the matter should be discussed in Executive Session rather than at a public meeting.Steve Moberly stated that the 2008 budget contained $80,000 for legal fees and that the 2009 budget contains $80,000. The entire $80,000 was not spent in 2008 and there is no reason to assume that the entire $80,000 will be spent in 2009. He stated that the Board has not been deceptive and that he resented the implication that the board, administration, or financial officer had been deceptive in any way.
Randy Paul stated that the public has a right to know if there is an effort to minimize attorney costs.
John Walsh felt that the public knows as much as the Board and administration knows.
Randy Paul felt that the Board relies on the fallback position of “executive session” too often. He felt that the public is entitled to the information and stated that he wants to know 1) how often the negotiators have met; 2) if the attorney has been at every meeting; and 3) whether efforts are being made to control expenses. Further, he felt that the budget for attorney fees has been increased to $90,000.
John Walsh stated that nothing has been increased. $80,000 was budgeted for 2008 and only $10,000 was spent. $80,000 is budgeted for 2009. He requested that Randy Paul not continue to feed the public falsehoods and inaccuracies.
Randy Paul reiterated his belief that the budget has been increased to $90,000 and stated that a $90,000 budget was never discussed.
John Walsh stated that the $80,000 in the 2008 budget had been mentioned many times in the past year.
Randy Paul said that John Walsh has no right to interrupt him when speaking.
Fred Risinger felt that the board has done nothing to impede negotiations and felt that Randy Paul’s accusations of obfuscation are wrong.
Randy Paul stated that he wants answers to his questions and would continue to bring up the matter at every Board meeting until he gets answers and that he does believe the Board is trying to obfuscate.
Dave Ferguson stated that he was not even on the Board when the original vote was taken. He probably would have voted against it but felt that it behooved the board to work with the negotiators now. Also, he felt that the money spent so far was not a very large amount. He stated that he would be happy to hear how much is spent each month but beyond that saw no need for additional information.
Randy Paul stated again that he wants answers to his three questions. He felt that Sara Laughlin has taken herself out of the loop and that the Board does not want to hear the information. He felt that as a trustee he has the right to ask questions.
Dave Ferguson recommended asking the attorney how far along the negotiations are but assumed the answer would be confidential.
Sara Laughlin felt that the negotiating team should be trusted to make the right decisions.
Randy Paul stated again that he will continue to bring up the questions at every Board meeting until he gets his answers.
Fred Risinger commented that he expects to hear the questions at every meeting.
There was no additional old business.
None.
None.
The meeting adjourned at 6:45 p.m.
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