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May 18, 2015 Minutes of the Regular Meeting

ANN ARBOR DISTRICT LIBRARY BOARD
MALLETTS CREEK BRANCH LIBRARY
3090 E. EISENHOWER PARKWAY, ANN ARBOR, MI
MINUTES OF THE PUBLIC FY2015-2016 BUDGET HEARING
AND REGULAR MEETING
MONDAY, MAY 18, 2015

15-092 I. CALL TO ORDER

President Barney Newman called the meeting to order at 6:04 p.m.

15-093 II. ATTENDANCE

Board Present: Kaplan, Leija, Barney Newman, Rosenthal, Surovell
Absent: Head, Leary
Staff: Hadler, Neiburger, Parker, Wilson (recorder)
Others Present: William Stapleton, Hooper Hathaway P.C

15-094 III. RECESS TO CLOSED SESSION FOR DISCUSSION OF REAL ESTATE AND DIRECTOR’S EVALUATION

15-095 IV. RECONVENE TO PUBLIC HEARING ON BUDGET FOR FISCAL YEAR 2015-2016 AT 7:00PM

President Barney Newman reconvened to the Public Hearing on the 2015-2016 Budget at 7:10 p.m.

15-096 V. CALL FOR PUBLIC COMMENT ON THE 2015-2016 BUDGET

President Barney Newman called for public comment on the budget. There was no public comment. President Barney Newman closed the Public Hearing on the 2015-2016 Budget.

15-097 VI. RECONVENE REGULAR MEETING IMMEDIATELY FOLLOWING PUBLIC HEARING ON THE 2015-2016 BUDGET

President Barney Newman reconvened to the regular meeting at 7:12 p.m.

15-098 VII. APPROVAL OF AGENDA
(Item of action)

Trustee Rosenthal, supported by Secretary Kaplan, moved to approve the agenda.

AYES: Kaplan, Leija, Barney Newman, Rosenthal, Surovell
NAYS: None

Motion passed 5-0.

15-099 VIII. APPROVAL OF MINUTES OF APRIL 20, 2015
(Item of action)

Vice President Surovell supported by Trustee Leija, moved to approve the minutes of April 20, 2015.

AYES: Kaplan, Leija, Barney Newman, Rosenthal, Surovell
NAYS: None

Motion passed 5-0.

15-100 IX. CITIZENS’ COMMENTS

Lefiest Galimore

Good evening, my name is Lefiest Galimore and I regularly attend the library system here in Ann Arbor. About three weeks ago, you know, I usually take the bus back and forth and I stopped at Blake and I came into the library to check to see if I had any messages so I am here all the time. Anyway, about three weeks ago I went down to Kiwanis to pick up some gardening implements and the two items that I wanted they did not have. But while I was there I saw this axe. It had a good handle, good head on and everything. So I decided on the spur of the moment to get the axe. I came back to Ann Arbor, went into Blake and went into the library. Spent about fifteen minutes and left. The next day which was Sunday, I was coming from my church in Ypsilanti, and once again I stopped into the library to just check and see if I had any messages, or anything like that. As I was leaving two Police officers came to me and said are you Mr. Galimore and I said yes I am. I figured something was wrong with my family and they said can we speak with you outside. I said sure. And so one officer said did you come to the library yesterday and did you bring a weapon. And I said a weapon? What are you talking about? And they asked did you bring in an axe. I said yes I did. I told them about the Kiwanis sale, picked it up and so on my way home I boarded the bus and the bus driver didn’t say anything. As a matter of fact I had an arm full of garden plants and so we talked garden plants until I got off on campus. And so, when I was told this I was absolutely shocked. I really didn’t know how to respond. And so, I didn’t process this whole thing. I did call the, I guess the supervisor who was on duty at that time and said look, there was a big misunderstanding. They said, well did you bring the axe in and I said yes I did and I said I don’t see it as a weapon I see it as a garden tool that I use to work my gardens. So, I don’t see that as a weapon and I did not go the library with the intention of using that as a weapon on anybody. As a matter of fact I don’t own a gun, I don’t own a knife, I don’t own no kind of weapon that can harm an individual. Not on purpose anyway. But you know, the thing is, there were several comments that was made, I said well, I know the staff down there, I talk with them all the time. Why didn’t someone just come up and you know, say you can’t have that axe in here you have to leave. I would have left without any question, without any argument about anything. I would have left.Yeah. But no one came up to me and said anything on this particular Saturday. But I was told by whoever the supervisor was, that the person that reported it said that they were afraid to come up to me and say anything because he was afraid that I might turn the axe on him. And I just find that comment to be absolutely deplorable because there was an assumption made about me and rather than, you know like, trying to address me the correct way there seems like this whole thing was done negatively you know and so I was suspended from the library and I’ve not been in like in the past. And I support the system but that’s the caveat I don’t understand that I could use this as a weapon. I have never used a weapon in my life to hurt anybody and that is absolutely shocked to hear that information. And so I’m here to address the Board. I was told that in order to be reinstated I had to address the Board and I guess the Board will have to deal with that. But I want you to understand one thing I did not go into that library with that axe, I did not see that as a weapon, as I see it, I see it as a garden implement, with the intention of hurting anyone. I want you guys to understand that because that is not ending to well. Any questions? Thank you.

15-101 X. FINANCIAL REPORTS

CFO Hadler reported April showed an unrestricted cash balance just over $10.3 million. Tax receipts over $11.5 million, reflecting 98.6% of the budgeted amount, have been received through the end of April. Budget versus actual showed an operating surplus of $433,560. The fund balance stands just above $8.6 million. Five line items are over budget and should come back into line later in the year.

15-102 XI. APPROVAL OF DISBURSEMENTS
(Item of action)

Trustee Rosenthal, supported by Trustee Leija, moved to approve the April 2015 disbursements.

AYES: Kaplan, Leija, Barney Newman, Rosenthal, Surovell
NAYS: None

Motion passed 5-0.

15-103 XII. COMMITTEE REPORTS

15-104 A. BUDGET AND FINANCE COMMITTEE

Chairperson Surovell reported the committee consisting of himself and Trustee Leija met and discussed the proposed 2015-2016 budget after figures were received from the County. The previous millage proposal recommendation from the committee of 1.74 mills has been reduced to 1.65 mills based on an anticipated 3% increase in the tax base. It was noted that this millage increase is the first one since 2009 when the levy was lowered to 1.55 mills.

15-105 B. DIRECTOR’S EVALUATION COMMITTEE

Chairperson Rosenthal reported the committee consisting of herself and Trustees Kaplan and Surovell had met three times and compiled the Director’s evaluation document. The Board has met with Director Parker and has completed her evaluation. The topic will be discussed further in the agenda.

15-106 XIII. DIRECTOR’S REPORT

Director Parker reported that the Downtown Library front entrance construction project was on schedule. The Library will be closing on May 29th as planned. During this closure staff will be moving collections within the building. Maps will be provided once the Library reopens.

Today the Downtown Library was closed due to failure of two sewage ejector pumps. There are two sewage tanks/wells that serve the building. One serves the original building and the second one serves the 1970/1990 additions. Each well has two pumps which move sewage into the City’s system. Both ejector pumps failed on the newer well. These have been previously repaired and the failures were in new areas of the pumps. Of the four pumps only one has never failed. Replacement of the entire system would be costly as the wells are located underground below concrete. The failure was not due to lack of maintenance or neglect. We do anticipate being open tomorrow as parts have been located and cleanup of the area should be completed late this evening.

Director Parker noted that the Summer Game is fast approaching and the summer newsletter will highlight the Summer Game.

15-107 XIV. MONTHLY STATISTICS

Deputy Director Neiburger reported in lieu of monthly statistics, his report will focus on the Downtown Library collection.

Collections at the Downtown Library will be moved during the May 29th closure. Shelving will be increased for all collections except non-fiction which has lost titles to attrition and online databases. Items held in storage in the basement will be also returned to shelves. All adult fiction and non-fiction will be arranged on the second floor. New books will remain on the first floor along with the tools collection. The first floor space will be made more flexible for events by the use of rolling shelves.

Maps with the layout of the collection will be provided and the directional signage by the elevators will be updated.

Several Board members expressed the desire for more directional signage and the addition of a video tour of the Downtown Library to the website.

15-108 XV. NEW BUSINESS

Vice President Surovell noted that under policy Mr. Galimore is to receive a response within 10 days after his appeal to the Library Board regarding his trespass from AADL properties.

Trustee Rosenthal, supported by Secretary Kaplan, moved to add to New Business A. A response to the appeal by Lefiest Galimore regarding suspension of library access.

AYES: Kaplan, Leija, Barney Newman, Rosenthal, Surovell
NAYS: None

Motion passed 5-0.

15-109 A. RESOLUTION UPHOLDING TRESPASS ISSUED TO LEFIEST GALIMORE
(Item of action)

Trustee Rosenthal, supported by Vice President Surovell, moved that the Board resolves that the trespass citation issued to Mr. Lefiest Galimore by Ann Arbor Police Department Officers Gilbee and Boylan on April 26, 2015 regarding an incident which occurred on April 25, 2015 at the Downtown Library, 343 S. Fifth Avenue, be upheld; that Mr. Lefiest Galimore remains trespassed from all outlets of the Ann Arbor District Library through April 26, 2016; that all resolutions and parts of resolutions that conflict with the provisions of this resolution are rescinded.

Board members expressed empathy for Mr. Galimore’s situation however consideration for patron and staff safety was deemed their priority.

AYES: Kaplan, Leija, Barney Newman, Rosenthal, Surovell
NAYS: None

Motion passed 5-0.

15-110 B. RESOLUTION TO APPROVE ANNUAL BUDGET FOR THE FISCAL YEAR 2015-2016
(Item of action)

CFO Hadler stated he reviewed the narrative with the Board at the April meeting and there were no changes at this point. He did note that the proposed millage levy of 1.74 has been reduced to 1.65 mills.

Vice President Surovell, supported by Trustee Leija, moved Pursuant to Act 2, Michigan Public Acts of 1968, as amended, before adoption of a budget, a public hearing shall be held as required by Act No. 43 of the Public Acts of the Second Extra Session of 1963, as amended (“Act 43”), and Act No. 267 of the Public Acts of Michigan 1976, as amended.

Pursuant to Act 43, notice of a public hearing on the proposed budget of the District Library must be given by publication in a newspaper of general circulation in the Library District at least 6 days prior to the date of such hearing.

The Board, after due and proper notice, conducted a public hearing on Monday, May 18, 2015, on the approval of the proposed budget. The Board resolves as follows:

1.) The Board approves and adopts the budget for the fiscal year ending June 30, 2016, as presented.

2.) All resolutions and parts of resolutions that conflict with the provisions of this resolution are rescinded.

AYES: Kaplan, Leija, Barney Newman, Rosenthal, Surovell
NAYS: None

Motion passed 5-0.

15-111 C. RESOLUTION TO AUTHORIZE MILLAGE RATE TO BE LEVIED BY TAXING AUTHORITIES
(Item of action)

Trustee Leija, supported by Vice President Surovell, moved as read by Secretary Kaplan, the said Board of Trustees of the Ann Arbor District Library (the “Library”) has given due reflection to the budget and operational requirements of the Library as to the 2015-2016 fiscal year.

The said Board of Trustees is desirous of providing for the appropriate certification of operational millage relative to the Library. The Board resolves as follows:

1.) That as to the 2015-2016 fiscal year of the Ann Arbor District Library, and as to that portion of said Library within the City of Ann Arbor, and that portion of the Library within the territory, townships, or areas outside the City of Ann Arbor, the voted millage for Library operational purposes shall be the amount of 1.65 mills.

2.) That the foregoing amounts are levied by the Ann Arbor District Library and the Secretary of the Board of Trustees is authorized and directed to report the same as the Library tax levy to the proper assessing officer(s) of the appropriate agencies and the Secretary may provide copies of this resolution when requested by any appropriate agency.

3.) That the amounts certified are essential for the fiscal year of the Ann Arbor District Library commencing July 1, 2015, except as subsequently altered or amended by appropriate certification.

4.) That a certified copy of this Resolution may be issued as though the original with the certification provided.

5.) All resolutions and parts of resolutions that conflict with the provisions of this resolution are rescinded.

AYES: Kaplan, Leija, Barney Newman, Rosenthal, Surovell
NAYS: None

Motion passed 5-0.

15-112 D. RESOLUTION TO ADOPT THE 2015-2016 BUDGET AS A LINE ITEM BUDGET AND COMPLIANCE OF DISBURSEMENTS
(Item of action)

Trustee Leija, supported by Trustee Rosenthal moved, that the Board resolves as follows: Resolution establishing policy for disbursements,

WHEREAS, on an annual basis the Board adopts an Operating Budget for the Library and;

WHEREAS, the Michigan Department of Treasury’s Uniform Accounting Procedures Manual includes the following requirements for approval of disbursements:

All disbursements must be approved by the legislative body prior to disbursement unless addressed otherwise in the charter. The legislative body may establish a formal policy to authorize payments prior to approval to avoid finance or late charges and to pay appropriated amounts and payroll (including related payroll taxes and withholdings). This policy must be very limited and a list of payments made prior to approval must be presented to the legislative body for approval.

Now, therefore, be it resolved that:

1.) Appropriations by the Board. As the Legislative Body of the Library, the Board hereby appropriates for fiscal year 2015-16 the total amount of $13,594,000 for the expenditure categories set forth in the budget.

2.) Disbursements for Payroll and Related Payroll Taxes and Withholdings. As provided by the Uniform Accounting Procedures Manual of the Department of Treasury, the Director of the Library, the Chief Financial Officer of the Library or Senior Human Resources Specialist of the Library (each as “Authorized Officer”) are hereby authorized to provide for the disbursement of Library funds for payroll (including related payroll taxes and withholdings) provided such disbursements are within the budgeted amounts set forth in the Approved Budget.

3.) Disbursements for Recurring Expenses that are necessary to Avoid Finance of Late Charges. As provided by the Uniform Accounting Procedures Manual of the Department of Treasury, each Authorized Officer is hereby authorized to provide for the disbursement of Library funds for payments that are for recurring expenses and are necessary to avoid finance or late charges, such as payments for utilities, equipment leases and similar expenses, provided such disbursements are within the budgeted amounts set forth in the Approved Budget.

4.) Disbursements for Appropriated Amounts. As provided by the Uniform Accounting Procedures Manual of the Department of Treasury, each Authorized Officer is hereby authorized to provide for the disbursement of Library funds for expenditures that have been previously appropriated by the Board pursuant to Paragraph No. 1 of this Resolution, provided such disbursements are within the budgeted amounts set forth in the Approved Budget.

5.) Presentation of Disbursements to the Library Board. All disbursements made pursuant to the authority of this Resolution must be presented to the Library Board for approval at a subsequent Board meeting.

6.) Limitation of Disbursements to $28,000. Notwithstanding any provision to the contrary in this Resolution, no Authorized Officer shall be allowed to approve any single expenditure in excess of $28,000 unless that expenditure has been previously approved in a resolution by the Library Board or in an agreement authorized by the Library Board.

7.) Requirement for Dual Signatures. Nothing in this Resolution shall be construed as modifying the current Library Board policy that requires two authorized signatures on all checks, excluding payroll checks, in the amount of $2,500 or more.

8.) Prior Resolutions. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are hereby rescinded.

AYES: Kaplan, Leija, Barney Newman, Rosenthal, Surovell
NAYS: None

Motion passed 5-0.

15-113 E. DIRECTOR’S EVALUATION LETTER FROM AADL BOARD

Trustee Rosenthal read the following letter:

Dear Josie,

You have led the Ann Arbor District Library to another Five Star award and another banner year of increased circulation and patron visits. On a foundation of strong community support, solid and reliable finances, and a stable and supportive board of trustees you and your staff have established Michigan's leading public library.

You have handled a year of change in staff very well. You made major changes in staffing at senior levels that changed the way Finance, HR and Facilities are overseen and these changes have made the library more efficient.

Putting the communications plan into action this year with the publication of three newsletters mailed to every address in our district, (over 70,000 addresses). In addition AADL has sent postcards announcing key events and this has garnered very positive feedback.

The library continues to operate with a balanced budget year after year while developing new services and increasing use of the library’s services.

You continue to serve on the Editorial Board of the Journal of Library Administration and write a bi-monthly column focused on public libraries. You are sought after as a speaker locally, statewide, nationally and internationally.

You continue to serve as a commissioner for the Bureau of Blind Persons appointed by Governor Snyder and to maintain communication with local and state officials.

Once again this year, relations with our Librarians’ Union and our Associates’ Union were excellent. There were no grievances.

You are always available to Board members for consultation, information and updates. You make certain that board members as a group and individually are aware of the current and future issues of importance.

In conclusion, as a key community provider to Ann Arbor and the neighboring townships, AADL will make every effort to increase its connection with all the area governmental units. As we continue to grow and rebuild where necessary, good cooperation with these units is very important. It is time for AADL to take a leadership role in our own and the city’s future. Josie is the perfect person to lead us with the full support of the board.

Director Parker thanked the Board and stated it was privilege to be the Director of the Ann Arbor District Library.

15-114 F. VOTE FOR CLOSED SESSION AT THE JUNE 15, 2015 REGULAR BOARD MEETING FOR DISCUSSION OF REAL ESTATE AND LABOR NEGOTIATIONS
(Item of action)
Roll call vote

Secretary Kaplan, supported by Trustee Leija, moved to hold a closed session at the June 15, 2015 regular meeting for discussion of real estate and labor negotiations.

A roll call vote was taken.

AYES: Kaplan, Leija, Barney Newman, Rosenthal, Surovell
NAYS: None

Motion passed 5-0.

15-115 XVI. CITIZENS’ COMMENTS

There were no citizens’ comments.

15-116 XVII. ADJOURNMENT

Trustee Rosenthal, supported by Trustee Leija, moved to adjourn the meeting.

President Barney Newman adjourned the meeting at 8:39 p.m.