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| Norwalk Public Library Board of Directors Meeting Minutes |
JULY 12, 2007
ATTENDANCE: Stan Siegel, President; Mary Mann, Vice President; Mary Pugh, Treasurer (arrived approx 7:25 p.m.); Grace Vetter, Secretary; Jannie Williams; Mohan Tracy; Charles McMullen
STAFF: Les Kozerowitz, Library Director; David Hepworth
ABSENT: Regina Krummel; Lori Torrano
MINUTES OF JUNE 12, 2007
** Charles McMullen MOVED to APPROVE the minutes.
** Mary Mann SECONDED.
In FAVOR: Stan Siegel, Mary Mann, Jannie Williams, Mohan Tracy, Charles McMullen
ABSTAIN: Grace Vetter
** MOTION PASSED.
ANNOUNCEMENTS
Mr. Siegel announced that the city will hold a “Freedom of Information Act Workshop” on Tuesday, July 24, 2007 at 7:00 p.m. in the Norwalk City Hall Common Council Chambers. Department heads and board members are encouraged to attend. Mr. Siegel feels the library is well versed in this topic. He requests that any board member who attends the workshop reports back to the board.
LEASE AGREEMENT, 2nd TAXING DISTRICT
Mr. Siegel introduced Mr. Peter Nolin, Corporation Counsel of the City of Norwalk.
Mr. Nolin distributed copies of the “Modification of Lease Agreement” made 11/24/03
between the City of Norwalk and the Second Taxing District of the City of Norwalk
and a letter from him to Mayor Moccia dated 1/11//07 regarding the South Norwalk
Branch Library weekend hours. Mr. Nolin reported that the Second Taxing District
has withheld a formally agreed upon contribution of $800,000 for
the funding of the South Norwalk Branch Library renovation. Mr. Zullo, the attorney
representing the Second Taxing District, reportedly claims that the City has
not complied with the “Modification of Lease Agreement” because the South Norwalk
Branch Library has not been open Saturdays, a condition the Second Taxing District
believes falls within the purview of a “Full Service Branch Library.” Mr. Nolin
stated that, in light of Section 87-1 of the City Code and Sections 11-32 and
11-33 of the Connecticut General Statutes, it is his professional opinion that
the City had no right to enter into this agreement with the Second Taxing District
without approval of the Library Board of Directors. Therefore, Mr. Nolin, requested
that the Library Board approve retroactively the “Modification of Lease Agreement”
of November 24, 2003.
Mr. Siegel explained that commencing September 15, 2007, The South Norwalk Branch Library will be open for Saturday hours. Hence, the mitigating point of contention will soon be moot. This is not sufficient for the City to receive the outstanding money, however. According to Mr. Nolin, the City needs the Library Board’s approval to go forward.
Mrs. Vetter asked questions regarding the validity of this agreement (Mr. Nolin had stated that the commitment to uphold South Norwalk Branch Library as a “Full Service Branch Library” was not in the province of the mayor or Common Council), whether the Library Board would be abdicating its autonomy under the City Code and Connecticut General Statutes by approving the agreement, and what could happen if the Library Board decided not to provide Saturday hours or any other services at the Branch. Library. Extensive discussion took place. The consensus of the Board members was that, if usage in the Branch Library did not warrant the Branch to be open on Saturdays, it would be reasonable to cease that service. In the hypothetical scenario raised by Mrs. Vetter in which the City cut the Library’s budget and the Board felt it could not sustain the hours of the Branch, Mr. Nolin suggested that the Library was in the enviable position of reminding the City that it would have to properly fund the Library in accordance with the lease agreement.
Mrs. Vetter asked if the Second Taxing District could sue the Library Board if it felt the South Norwalk Branch Library was not being treated as a “Full Service Branch Library.” Mr. Nolin stated that if the Second Taxing District felt the contract was not being upheld (with regard to a “Full Service Branch Library”), it could sue the City. The “Modification of Lease Agreement” provides for Arbitration as the remedy in such a situation (see paragraph 26).
Mr. Nolin stated that this “Modification of Lease Agreement” is binding until December 31, 2028, and that, by approving it, the Library Board would be subject to the conditions of paragraph 13 until that time. He did concede that the language in paragraph 13 is sufficiently vague, thereby providing the Library Board interpretive protection.
Mr. Kozerowitz said that, among librarians, there is no universally accepted definition of “full service” and that the term is vague and open to interpretation. It is neither a legal nor objective term. He reiterated that the Library Board’s charge is to set policy for the library, which includes establishment of hours of operation, according to state statute.
In summary, most members felt that the interpretation of what a “Full Service Branch Library” means is subjective and open to the interpretation of the Library Board. Furthermore, they felt that the statement “reasonably necessary” in paragraph 14 of the “Modification of Lease Agreement” provided the Library Board with sufficient latitude to maintain its policy making ability. Mrs. Vetter felt the Library Board’s priority should be not to compromise its ability to set policy regarding hours and services.
** Mohan Tracy MOVED to approve the City of Norwalk enter into the Modification
of Lease Agreement of November 24, 2003, with particular reference to paragraph
13 and its reference to “Full Service Branch Library.”
** Jannie Williams SECONDED.
In FAVOR: Stan Siegel, Charles McMullen, Mohan Tracy, Jannie Williams, Mary
Mann
ABSTAIN: Grace Vetter, Mary Pugh
** MOTION PASSED
LIBRARY DIRECTOR’S REPORT
ENTRANCEWAY PROJECT:
Mr.Kozerowitz reported that the contract for work on the library entry is waiting to be signed. There has been some logistical problem with money not being put into the capital account. The contract specifies a completion date of November 15, 2007.
SOUTH NORWALK BRANCH LIBRARY FILMING:
Mr. Kozerowitz reported that he has been in contact with the film company which will be filming at the South Norwalk Branch Library. Areas of the main floor will be closed from July 17–20, although the library will remain open to the public. The computer lab will be dismantled. The branch library will be closed on July 23 for the actual shooting of the film. Restoration of the library will occur July 24–26. The production company has agreed to pay any overtime expenses incurred by the staff during this process. The movie is based on Mitch Albom’s book, For One More Day.
LIVE HOMEWORK HELP / TUTOR.COM:
Mr. Kozerowitz reported on the status of Live Homework Help at tutor.com. The subscription rate has gone up because usage has increased. The year’s subscription will by $28,000, but the company is allowing us to make a six-month payment of $14,000. Homework Help is a cooperative effort with the Norwalk Education Foundation (paying $4,000), the United Way (paying $6,210), the Housing Authority (paying $1,096) and the Library Board (paying $1,097). Mr. Siegel said that Norwalk is looking toward corporate sponsorships as a future fund source.
** Mrs. Vetter MOVED to contribute $1, 097 to the subscription of Live Homework
Help.
** Charles McMullen SECONDED.
** Motion PASSED unanimously.
Mr. Kozerowitz remarked that there is another interactive site funded by the state called infoAnytime Anyone can get help with reference questions by accessing this site through NPL’s website: www.norwalkpubliclibrary.org.
NEW BUSINESS
Ms. Pugh stated the Finance Committee has no report at this time.
Mr. Siegel reported on the status of the 501(c)3. He has received a letter from the State of Connecticut accepting our application. The IRS has also accepted our proposal on a preliminary basis. Mr. Siegel and Mr. Kozerowitz met with Mr. Mike Rolleri, the Board’s accountant. He reportedly is of the opinion that the Board should have its funds in a 501©3.
** Mary Mann MOVED to approve the transfer of private funds from the Norwalk
Public Library Endowment Fund to the Norwalk Public Library Foundation, Inc.
** Mohan Tracy SECONDED.
** PASSED unanimously.
Ms. Pugh inquired about indemnity insurance for the board members of the Norwalk Public Library Foundation, Inc. and Mr. Siegel stated that such insurance would be provided for board members’ protection. Board members functioning in the capacity of the Library Board are covered under the City of Norwalk’s insurance.
Mr. McMullen requested a financial update from AG Edwards.
ROTATING BOARD MEETING VENUES:
Mr. Siegel suggested that, in the future, board meetings be held in different areas of the library. The supervisor/expert of that area could give a report about the specific work of that department. This would allow members to learn and experience more about different departments. The membership seemed enthusiastic about this idea.
DISCRETIONARY FUND:
Mr. Siegel stated that the request for an annual discretionary fund of $2,500 was approved by the majority of board members via email.
OLD BUSINESS
TECHNOLOGY CENTER:
Mr. Siegel reported that plans for the Technology Center are ongoing, with particular emphasis on finding supporters for the cost of the project.
MARKETING:
Mr. Siegel reported that, with regard to marketing, the Library has very recently had eleven pieces of positive publicity in the local newspapers.
THE BIG READ 2008:
Mr. Siegel reported on the proposed 2008 Big Read / Festival of Words. The following city organizations have expressed interest in being involved: Fire Department, YMCA, Norwalk Community College, Norwalk Hospital, WSTC/WNLK, and NEON . The City’s grant office will be filing for a grant for funding. A committee of Norwalk Public Library librarians has chosen Fahrenheit 451 as the 2008 book
“READ” POSTER PROGRAM.
Mr. Siegel showed Board members new READ posters, including Chris Campbell
of Palace Productions in South Norwalk; Chris Handrinos, author of Best New
York Sports Arguments; Jeffrey Velez, Summer Jobs Your Program; Meghan Samson,
Marsh Inc. mentor; Stew Leonard’s Norwalk high school graduates, and others.
“SHELVERS” PARTY:
Mr. Siegel reported on the “Shelvers” event held in recognition of library shelvers. The event included pizza for the staff, Library logo key rings for the Shelvers, and gift certificates for the graduating Shelvers.
ACLB CONFERENCE:
Mr. Siegel, currently a member of the Association of Connecticut Library Boards (ACLB), invited any interested Library Board members to attend the annual conference to be held on October 12, 2007 at the Water’s Edge in Westbrook from 9:00 a.m. to 3:00 p.m.
SOUTH NORWALK BRANCH LIBRARY ANNIVERSARY CELEBRATION:
Mr. Siegel suggested that the South Norwalk Branch Library Celebration be scheduled at 10:00 a.m. on September 15, 2007 so it does not interfere with the Sister City Project festivities that start at 1:00 p.m. on the same day. The Board was in agreement. Mr.Siegel reported that the vendor who is providing the bricks for the SONO Library Book Walk no longer has a supplier to make the mini bricks. The vendor has proposed making a tile instead of a mini brick. The tile will cost $9.00. Mr. Siegel will investigate if some added information can be included on the back of the brick.
AUGUST BOARD MEETING:
The August 2, 2007 meeting will be held at the “Fat Cat Pizza” at 7:00 p.m.
** Charles McMullen MOVED to adjourn at 8:10 p.m.
** Mary Mann SECONDED.
** Motion PASSED unanimously.
Respectfully submitted (subject to Board approval):
Grace Vetter
Secretary
Norwalk Public Library Board of Trustees
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