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December 20, 2010 Minutes of the Regular Meeting

ANN ARBOR DISTRICT LIBRARY BOARD
343 S. FIFTH AVENUE, ANN ARBOR, MI
MINUTES OF THE REGULAR MEETING
MONDAY, DECEMBER 20, 2010

10-305 I. CALL TO ORDER

President Head called the meeting to order at 6:00 p.m.

10-30 II. ATTENDANCE

Present: Head, Leary, Barney Newman, Rosenthal, Stearns, Surovell
Absent: Murphy
Staff: Choate, Neiburger, Nieman, Parker, Wilson (recorder)
Others: Jim Greene, Dykema

10-307 III. RECESS TO EXECUTIVE SESSION FOR LABOR NEGOTIATIONS

10-308 IV. RECONVENE REGULAR MEETING AT 7:00 P.M.

President Head reconvened the meeting at 7:00 p.m.

10-309 V. APPROVAL OF AGENDA
(Item of action)

President Head requested under New Business item B. Discussion of DDA/City of Ann Arbor Parking Contract be removed from the Agenda.

Secretary Leary, supported by Vice President Barney Newman, moved to remove item B. under New Business from the agenda.

AYES: Head, Leary, Barney Newman, Rosenthal, Stearns, Surovell
NAYS: None

Motion passed 6-0.

Trustee Surovell, supported by Secretary Leary, moved to approve the agenda as revised.

AYES: Head, Leary, Barney Newman, Rosenthal, Stearns, Surovell
NAYS: None

Motion passed 6-0.

10-310 VI. APPROVAL OF MINUTES OF NOVEMBER 15, 2010
(Item of action)

Treasurer Rosenthal, supported by Secretary Leary, moved to approve the minutes of November 15, 2010.

AYES: Head, Leary, Barney Newman, Rosenthal, Stearns, Surovell
NAYS: None

Motion passed 6-0.

10-311 VII. CITIZENS’ COMMENTS

There were no citizens’ comments.

10-312 VIII. FINANCIAL REPORT

Associate Director Nieman reported November showed unrestricted cash balance just over $13.8 million. Tax receipts of almost $11 million, reflecting 95% of the budgeted amount, have been received. The Fund Balance reflects just over $7.7 million.

Several line items are over budget in operating and should come back into line later in the year.

10-313 IX. APPROVAL OF DISBURSEMENTS
(Item of action)

Vice President Barney Newman, supported by Trustee Surovell, moved to approve the November disbursements.

AYES: Head, Leary, Barney Newman, Rosenthal, Stearns, Surovell
NAYS: None

Motion passed 6-0.

10-314 X. COMMITTEE REPORTS

10-315 A. EXECUTIVE COMMITTEE

President Head reported the committee consisting of herself, Vice President Barney Newman and Treasurer Rosenthal met to discuss the downtown library building. Consensus of the committee was the topic required full board participation and from that discussion the Board needs to provide direction to administration.

10-316 B. BUDGET AND FINANCE COMMITTEE

Treasurer Rosenthal reported she and Trustee Surovell met with attorney Bill Stapleton of Hooper Hathaway to review concerns regarding TIF captures and the proposed DDA/City of Ann Arbor parking agreement. It was the consensus of the committee that no action is warranted at this time other than to monitor the situation.

Director Parker will be attending DDA meetings at the behest of the committee.

Trustee Murphy was absent from the committee meeting due to a death in the family.

10-317 XI. DIRECTOR’S REPORT

Director Parker reported that Tim Grimes and Associate Director Eli Neiburger have been invited to participate as advisors to the Tribeca Film Institute as it seeks a planning grant to develop a six-part public program. The New York Public Library and AADL were invited based on successful broadening of program audience participation through the use of new technologies.

Tim Grimes has also been invited to participate in developing a National Endowment for the Humanities project tentatively entitled “Bridging Cultures Bookshelf: Muslim Worlds.”

The Ann Arbor/Ypsilanti Reads title for 2011 is Life Is So Good by George Dawson and Richard Glaubman. The kick-off event will be held in the afternoon of January 22nd at Washtenaw Community College.

The traveling exhibit “Benjamin Franklin: In Search of a Better World” will be arriving at AADL in May.

Librarian Erin Helmrich was congratulated on the inclusion of her article “What Teens Want: What Librarians Can Learn from MTV” in an upcoming ALA Young Adult Library Services Association publication. She was also congratulated on her book Create, Relate, and Pop @ the Library being published by Neal-Schuman this spring. She co-wrote the book with a former AADL Librarian Elizabeth Schneider.

10-318 XII. NEW BUSINESS

10-319 A. DISCUSSION ON FILING AN AMICUS CURIAE BRIEF IN SUPPORT OF THE HERRICK DISTRICT LIBRARY SUIT AGAINST THE LIBRARY OF MICHIGAN
(Item of action)

Director Parker provided background information on changes made by the Library of Michigan to state aid rules, effective 10/01/10. An attempt by Library Cooperative Directors to block the promulgation of the revised rules was unsuccessful. Herrick District Library filed a lawsuit in Ottawa County Circuit Court against the Library of Michigan on the basis that the revised rules undermined local control and that the Library of Michigan no longer had the statutory authority to change state aid rules.

In September 2010 the Court ruled that the Library of Michigan did not have statutory authority to promulgate the revised rules. The Library of Michigan appealed this decision and filed a Motion for Stay of Proceedings. The Michigan Court of Appeals denied the Stay of Proceedings today. Payment of state aid to libraries is in limbo.

Attorney William Peronne of Dykema expounded on statutory authority in rule making; that the revised state aid rules allow for the loss of charter to district libraries that fail to qualify for state aid; that the revised state aid rules may tie distribution of penal fines to qualification for state aid.

Mr. Peronne explained the purpose of amicus curiae in support of Herrick District Library. AADL would propose to address rule making authority; rules that run counter to public policy with district library systems; outcomes or consequences for failure to qualify for state aid, denial of library services to potential contracted service areas, loss of penal fines if a library does not qualify for state aid.

Vice President Barney Newman, supported by Treasurer Rosenthal, moved to authorize the filing of an amicus brief in support of Herrick District Library.

AYES: Head, Leary, Barney Newman, Rosenthal, Stearns
NAYS: None
ABSTAIN: Surovell

Motion passed 5-0-1.

10-320 B. RESOLUTION OF APPRECIATION TO CAROLA STEARNS
(Item of action)

Treasurer Rosenthal, supported by Trustee Surovell, moved that the Ann Arbor District Library Board would like to officially thank Carola Stearns for her two years and four months of outstanding service as an AADL Trustee and that the District Library Board would like to recognize Carola Stearns for her dedication, leadership, and commitment to the Library, community and staff. That all resolutions that conflict with the provisions of this resolution are rescinded.

AYES: Head, Leary, Barney Newman, Rosenthal, Surovell
NAYS: None
ABSTAIN: Stearns

Motion passed 5-0-1.

President Head presented Trustee Stearns with an inscribed clock in appreciation of her service to the Board. Members of the Board and Director Parker expressed their appreciation for her service.

10-321 C. VOTE FOR EXECUTIVE SESSION AT THE JANUARY 17, 2011 ANNUAL BOARD MEETING FOR LABOR NEGOTIATIONS
(Item of action)
Roll call vote

Secretary Leary, supported by Vice President Barney Newman, moved to hold Executive Session at the January 17, 2011 annual Board meeting for labor negotiations.

A roll call vote was taken.

AYES: Head, Leary, Barney Newman, Rosenthal, Stearns, Surovell
NAYS: None

Motion passed 6-0.

10-322 XIII. ADJOURNMENT

Trustee Stearns, supported by Secretary Leary, moved to adjourn the meeting.

President Head adjourned the meeting at 7:50 p.m.