Pierce County Library System

BOARD OF TRUSTEES PIERCE COUNTY LIBRARY SYSTEM REGULAR MEETING, APRIL 14, 2010

CALL TO ORDER

Chair J.J. McCament called to order the regular meeting of the Pierce County Rural Library District Board of Trustees on April 14, 2010, 3:31pm. Board members present were Steve Albers, Eugene Matsusaka, and Allen Rose. Budd Wagner was excused.

PUBLIC COMMENT

There was no public comment.

CONSENT AGENDA

1. Minutes of the March 10, 2010 Regular Meeting of the Board of Trustees 2. March 2010 Payroll, Benefits and Vouchers in the total amount of $1,820,917.54 a. Payroll Warrants 2972 - 2986 dated 03/01/10 – 03/31/10 in the amount of $3,341.28 b. Payroll Disbursement Voucher dated 03/05/10 in the amount of $486,121.96 c. Payroll Disbursement Voucher dated 03/22/10 in the amount of $469,325.99 d. Accounts Payable Warrants, 610258 - 610564 dated 03/01/10 – 03/31/10 in the amount of $862,128.31

Mr. Rose moved for approval of the consent agenda. Mr. Albers seconded the motion and it was passed.

BOARD MEMBER REPORTS

Gene Matsusaka: Mr. Matsusaka reported that while he was in Sun City West, Arizona, he visited the local library. It is about the size of the University Place library and has a collection of about 40,000 items, 20 computers and a large section of books on tapes and large print books. The library has 20 paid staff members and 140 volunteers, with a budget of $2.5 million. It is a nice little library and very well used.

Steve Albers: Mr. Albers attended the recent Public Library Association conference. He felt that he learned quite a bit about library functions and operations. He also congratulated Georgia Lomax for being selection as a Library Journal “Mover and Shaker”.

J.J. McCament: Ms. McCament also attended the Public Library Association conference. She noted that out of her three favorite sessions, two were presented by staff from Pierce County Library System.

Minutes of April 14, 2010 Regular Meeting Page 1 OFFICER REPORTS

PC Reads: Mary Getchell distributed updated figures and reported that the 2010 campaign generated huge momentum and excitement, with the media, public and community partners being very engaged. Community partners are already looking forward to participating in the 2011 PC Reads effort. For the 2011 PC Reads effort, the library will hold a public vote on May 5th – 31st, to choose a book from three choices. All three choices are ‘hot’ books and it is expected that voting will be very competitive. The News Tribune has agreed to be a co-presenter in 2011 as well.

OCLC Data: Ms. Parikh shared data from a recent OCLC study, “Government Funding Declines”. People were surveyed and asked if they were willing to support funding for libraries. Preliminary data showed that unemployed people were the most supportive of funding the library. Final data and conclusions will be released soon.

Branch Experience Director: Georgia Lomax announced that Sally Porter Smith has accepted the position of Branch Experience Director. Sally had been serving as the Community Outreach Services Director and more recently, as the Acting Branch Experience Director.

Current Security Issues in Branches: Sally Porter Smith reported that there had been an increase in behavior problems in libraries, including personal property theft, library material theft and in particular, an increase in aggressive activities. In a few locations, there are groups of teenagers hanging outside the doorway, impeding access to the branch, smoking and smoke is going into the library. After setting up some controls at the Gig Harbor library, the problem was diminished there. The Lakewood library continues to have problems and there have been complaints from customers inside the building and those who are nervous about walking through the group at the doorway. The library is considering creating a tobacco-free campus at branches and posting no loitering signs. ‘Trespassing’ is being used more and if there is aggressive behavior, the police are called to ‘trespass’ them. Ms. Porter Smith and branch staff have met with the Lakewood Police in an effort to better use the trespass process. In addition, the library is building relationships with different organizations, such as Safe Streets and community groups.

Job and Business Centers: Ms. McCament remarked that the memo mentioned legislators would be offered tours of the centers and asked if the tours would be conducted by members of the Pierce County Library Foundation. Ms. Parikh responded that she and Foundation members would be conducting the tours. Mr. Albers asked what the long-term plan was for the future. He noted that the project meets a need due to the current economic condition, but was concerned if the library will be able to financially sustain it without eroding core library services. Ms. Lomax stated that she felt it was a sustainable program, allowing the library to use resources that it already has. Grants and donations covered the cost of the one-time equipment purchases. Ms. Parikh noted that the library had been looking at methods to focus and maximize efforts in adult services and had wished to better target efforts. Ms. McCament stated that Pierce County is the largest area in the country for start-up entrepreneurial businesses and the program will better meet those needs. The ‘jobs’ emphasis of the program will diminish as the economic conditions improve, but the business center will remain relevant. Mr. Albers asked about concerns related to duplication of services. Ms. Lomax responded that the library is building cross- referrals with other agencies and is careful not to duplicate services offered elsewhere. WorkSource has become a close partner because of the pieces that the library can do to help them, such as providing access in more remote and rural areas, with open hours outside the business day. In addition, the library is already in areas around the county and can offer spaces for other agencies to reach their clientele through classes or direct services.

UNFINISHED BUSINESS

1. Public Works Policy: Resolution 2010-02: The Board had previously reviewed public works policies from other libraries and made recommendations. Mr. Jo presented a policy that included Minutes of April 14, 2010 Regular Meeting Page 2 suggestions from the Board and library attorney. The policy uses a qualitative approach rather than cost- based and will be used to solicit vendors for construction projects, such as Fife and Milton/Edgewood. The policy has considerable flexibility.

Mr. Rose moved to adopt the Public Works Policy, as presented this date. Mr. Matsusaka seconded the motion and it passed.

2. University Place Project: Ms. Parikh reported that since the last Board meeting, there had been numerous communications and activity with the city. She and Ms. McCament met with the Mayor and Deputy Mayor of University Place to discuss the extension fees as outlined in the agreement and discussed a solution that might be acceptable to the city and the library. Ms. McCament asked for additional information and clarification related to budgetary issues and it has been provided. Ms. Parikh felt it was a productive meeting. Shortly after, the City Council authorized the bid for the library tenant improvements. However, in drafting language for an amendment to the agreement in relation to extension fees, the library received an unexpected response from the city that included issues that were not part of the discussion. It was also stated by the city, that the city council would not award the bid for the library tenant improvements until after the library had agreed to the city’s proposed changes to the agreement. Bill Holt, the library’s attorney, responded to the city’s attorney, with a reminder that there is a contract already in effect and the city’s proposal contained unexpected changes that strongly favored the city. The letter also stated that the library was open to amendments on a list of topics. The city’s attorney has met with city officials and offered a new proposal for amendments to the agreement, and worked with Bill Holt to craft a new amendment.

Bill Holt reviewed the amendment to the agreement and indicated that he supported the proposal as it is presented this date. The city has yet to approve. The amendment includes:

Recitals: The recitals are written to be non-judgmental and reflect that ‘we are where we are’. The current agreement includes the stipulation that if the City of University Place doesn’t finish substantial completion of the library by September 30, 2010, then it would be obligated to pay extension fees of $5,000 per week. The library’s proposal had been that the deadline be changed to October 31st, and if the building is completed by December 31st, 2010, the library would waive the fees. In essence, the approach was that the library won’t eliminate extension fees, but will not enforce if the building is substantially complete by the end of December. The city has rejected that proposal and wants the provision for extension fees to be eliminated, suggesting that the library is at fault for part of the delay.

Paragraphs 1, a), b), c): These paragraph incorporate the library’s original suggestion to extend the substantial completion date and changes the terminology from ‘extension fee’ to ‘liquidated damages.’ If construction is not complete by the amended date, $5,000 a week will be charged as liquidated damages beginning January 1, 2011, with an exception for unavoidable delay or delay caused by the library. Paragraph c notes that any contention that has happened up until this point in time has been eliminated.

Paragraph 2: The issue of motorized blinds is one of the give and take efforts. Although the city has a questionable argument whether the binds are ‘basic’ to the building, it has agreed to pay for the motorized blinds for the east window at a cost of $13,800. The library will provide blinds for the meeting room. The city acknowledges that blinds are necessary for the meeting room, but not acknowledging that motorized blinds are needed.

Paragraph 3, Design Errors and Omissions. The city’s position is that any construction, there are occasions when changes are needed, whether it be due to errors or omissions or desirable changes. Section 6.8 of the agreement already deals with the subject and the construction progress is now at this section, which specifically deals with change orders to approved plans and the responsibility of the library to pay additional costs. The city requested the inclusion of a sentence to section 6.8 “…if it arises because of an error by library architect designing TIs, then provisions of 6.8 come into play.” Mr. Holt indicated he was comfortable with the change and felt it meets a need from the city’s point of view.

Minutes of April 14, 2010 Regular Meeting Page 3 Restrictive Covenant: The city believes the covenant related to noise and odors is too restrictive. It pertains to activities that occur outside of the building. The current article says that if one person complains, the offending noise and/or odor must be removed. The city stated that past developers have also felt that the covenants are too restrictive and that it would be a concern to potential developers. The proposed covenant was adjusted to trigger when four people complain, not just one.

Paragraph 5: Library Expenses. The city would like an assurance that it will not continue to be responsible for some attorney fees, architectural fees and salary expenses for the library’s Facilities Director when the project is completed. Language was included to make that assurance. Mr. Holt used language from the standard AIA construction contract to define ‘substantial completion’.

In conclusion, Mr. Holt stated that he felt the proposed amendment to the agreement was more manageable than the last version.

Chair McCament noted that the sequence of events and documents over the last month have been a roller-coaster and started with a simple one-page document. She also reported on a call that she received from the Mayor of University Place, who continued to express concern about the extension fee article in the agreement and the climate of the council. Ms. McCament also noted that the agreement before the Board now finds us someplace where we need to be. Chair McCament suggested, however, that the effective date of the agreement be tied to the date the city council awards the bid for the library tenant improvements. She was not comfortable with the implication from the city that it would not award the contract unless the library signed the agreement beforehand.

Chair McCament also stated that the mayor had made a request that the city and library issue a joint statement after the award of the bid to ensure to the community that there will be a future close cooperative relationship. Such an action would help allay community concerns and highlight the city’s support of the library’s capital campaign efforts. Board members discussed their frustration with the continual delays to construction completion, but agreed that the ultimate objective was to get the building completed and the library opened.

Mr. Albers moved to approve the Amendment to the Second Amended and Restated New Library Development Agreement, as presented this date, subject to the City of University Place awarding the construction contracts for library tenant improvements by April 30, 2010, and to authorize Neel Parikh, Executive Director to sign the Amendment. Mr. Rose seconded the motion and it was passed.

Bid Alternates: Recommendation to Accept: Ms. Parikh recommended the Board approve selection of University Place library bid alternates:

 A2: Audio-Visual Infrastructure, Meeting Room 102: Includes infrastructure only for audio-visual equipment including raceways, boxes, etc. for the meeting room. No equipment is included.  A3: Audio-Visual Infrastructure, Conference Room and Teen Area: Includes infrastructure only for audio-visual equipment, including raceways, boxes, etc. for the Conference Room and Teen area. No equipment is included.  A6: Audio-Visual Systems, Conference Room and Teen Area, to include large screen video display, computer, interfaces and Smartboard capability, audio system for program playback and videoconference in Conference Room. Video display for display of student computer work, gaming, etc., audio system using headphones and wiring for this equipment in raceways provided by Alternate 3, and connections in the Teen Area.  A9: Motorized Shades at Meeting Room 102, South Window

Ms. Parikh noted that the City of University Place would provide funds for a base shade in the meeting room and the library would pay an “up charge” to upgrade to motorized shades.

Minutes of April 14, 2010 Regular Meeting Page 4 Mr. Rose moved for approval of Bid Alternates A2, A3, A6 and A9, with the expectation that the City of University Place would provide the base shades for A9. Mr. Matsusaka seconded the motion and it passed.

3. University Place Capital Campaign: Report from Co-Chairs Ruthann Reim McCaffree and Steve Smith: Ruthann Reim and Steve Smith, co-chairs of the University Place Library Capital Campaign introduced themselves to the Board. Mr. Smith has lived in UP for last 17 years, is a member of downtown Tacoma Rotary club and participated in library’s feasibility study for the capital campaign . He was pleased to be asked to Co-Chair the capital campaign effort. Ms. McCaffree is active in the University Place community, serving on the city’s economic development committee. She has been a University Place resident since 1966 and was very active on the incorporation effort. She considers herself a real champion and lover of the city. Both Mr. Smith and Ms. McCaffree remarked how impressed they were with the organization of the campaign effort and that internally, the library’s foundation has done a great operational job in moving forward with the campaign. Mr. Smith commended Lynne Hoffman for leadership and the Library Board for their support of the effort. Ms. McCaffree stated that she appreciates the library sticking with the city during this long and difficult town center process. The library is really part of the community and provides great service to the community. They reported that $402,000 in donations has been received and the committee hopes to reach the $500,000 mark.

They reported that money is coming in and people are jumping on board to be part of this project - even school kids are getting involved. It’s very exciting and there’s a great deal of energy about the project. Soon the campaign will be going public and the community at large will have an opportunity to participate and contribute. Mr. Smith complimented the Board, noting that their role to build the internal structure for such an effort was critical. He also commented that the quality of the leadership of the library starts with its Executive Director, Neel Parikh, and has spread throughout the system. He said that you can walk into a library and feel welcomed. Ms. McCaffree noted that both Cindy Bonaro and Neel Parikh are recognized figures, part of fabric of the community.

EXECUTIVE SESSION

At 5:16 pm, Mr. Rose moved to enter into executive session as per RCW 42.30.110 for 15 minutes to discuss property matters. Mr. Matsusaka seconded the motion and it passed. The Board reopened to public session at 5:32 pm.

UNFINISHED BUSINESS CONTINUED

4. Milton/Edgewood Library: Update: Lorie Erickson reported that the Milton/Edgewood Library project is proceeding on schedule. The city is currently reviewing the plan and construction drawings. . The project budget was originally estimated at $123 a square foot, but came in under budget at $118 a square foot. It is slated to be completed by the end of August 2010. The library will incorporate Facilities Master Plan concepts for wayfinding, teen spaces and the children’s area. Mr. Jo reported that the project will be let to bid on April 19th, using the competitive bid process.

5. Fife Project: Mr. Rose moved to authorize Neel Parikh to enter into a Letter of Intent with respect to a proposal from DPI. Mr. Matsusaka seconded the motion and it passed.

NEW BUSINESS

1. Board of Trustees Vacancy, Term of Al Rose Expires: Process Overview and Screening Criteria: Mr. Rose stated that he enjoys being on the Board and wished to serve another term on the Board of Trustees. Ms. Parikh note that the library had received a legal opinion that states the Revised Code of Washington allows a trustee to serve two terms, with a term being defined as five years. Mr.

Minutes of April 14, 2010 Regular Meeting Page 5 Rose filled an unexpired term for 3 years, before being reappointed to a 5 year term, and so is eligible to serve another full five year term. The Board expressed its pleasure at Mr. Rose’s decision and directed Ms. Parikh to submit Mr. Rose’s name for reappointment to the Board of Trustees.

ADJOURNMENT

The meeting was adjourned at 5:40 pm on motion by Mr. Matsusaka, seconded by Mr. Rose .

______Secretary Chair

Minutes of April 14, 2010 Regular Meeting Page 6