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Minutes - City Council - 05/08/2012
JOINT CITY COUNCIL/LIBRARY BOARD OF TRUSTEES 8 May 2012 The South Burlington City Council and Library Board of Trustees held a joint meeting on Tuesday, 8 May 2012, in the Conference Room, City Hall, 575 Dorset Street. Meeting convened at 5 p.m. City Council Members Present: R. Greco, Chair; S. Dooley, P. Engels, P. Mackenzie, H. Riehle Library Board of Trustees Members Present: J. Kochman, Chair; J. Pasakow, M. Canon, C. Sheffield, F. Scanlon, N. Simson, Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; L. Murphy Librarian; J. Klesch, N. Simpson, M. Esposito, B. Gardner, J. Simson 1. Agenda Review: No changes were made. 2. Comments & Questions from the Audience, not related to Agenda items: No issues were raised. 3. Discussion regarding Library Governance: Ms. Kochman said that the last e-mail she received indicated the City Council wanted to hear from the Library Board regarding issues. She also thanked the Council for allowing John Klesch to meet with the Board to provide some guidance. Ms. Kochman also noted they had asked for guidance from Rob Geisler at the Vermont Department of Libraries. He suggested they develop a Memorandum of Understanding with the city. He explained the Hartford decision and what authority the Library Board had. Ms. Kochman went on to explained that they had a Finance and a Personnel Committee which had been dormant because of other commitments. She proposed that the heads of those 2 committees form a transition committee. That committee met last Friday to discuss how the process will go so that the Library can be comfortable with the city and so they can come into compliance. Ms. Kochman then presented a set of Resolutions for the Council to consider and a list of questions for the Council to answer over time. She noted that when the committee was looking at the by-laws, there was nothing that said how the Library was established. She then began exploring this, and what she came up with was the Library does exist under State Statute but that it is nowhere in city records. Resolution #1 would recognize that the Library does exist under State Statute (22VSA141) and would establish that the Library Board of Trustees exists under State Statute (22VSA143). The Resolution further states that the Board of Trustees resolves to create a Memorandum of Understanding and that the city will oversee the Library until then. Ms. Kochman said it is there intention to continue to meet regularly with the city to cooperatively develop this Memorandum. Ms. Canon said they feel they have a lot of work to do and need help but don't know how to ask for that help. She asked if there is a way to form a committee. After much discussion regarding the best role for the Trustees many of the Trustees stated that they preferred that the Library remain a department of the City and the Trustees be primarily an advisory Board to the City Council. Councilor Dooley suggested that one way to achieve this outcome within statutory and Court requirements is to enact a City of South Burlington Charter change stating that the Library is to function as a department of the City, that the library employees will continue to function as City employees with management similar to all other City employees, that the Trustees will have authority over non-financial internal Library polices such as materials acquisition and that in all other ways the Trustees will be an advisory group to the City Council. After much discussion all Council and Trustees present endorsed this direction. Regarding management oversight and assistance the City Administration stated their willingness to continue this function once a package of actions are finalized. This package included: agreement between Council and Trustees on Charter change language that has the Library functioning as a city department (with clear language on Trustee authority related to library operations); a signed MOU between the City and Trustees that spells out the City's authority and responsibilities in the interim until the agreed-to Charter change is enacted into law; a vote of the Trustees that while the MOU is in place it is the intent of the Trustees to approve all the City's actions and recommendations regarding library management (unless the Trustees have a significant disagreement with a specific action or recommendation); and finally the Trustees ratifying all previous Council and Administration votes regarding the Library. Bob Rusten repeated the terms of the discussion and package of actions needed. After much discussion Councilor Greco asked all the Trustees and Councilors present if this package was the right direction and all appeared to nod their heads in agreement. No one spoke out in opposition. There was some discussion as to whether a formal voted needed to be taken and it was finally decided that the agreement expressed at the meeting was sufficient. Going forward there was expressed agreement that the Library Director and Deputy City Manager would work with the City Attorney to draft Charter change language reflecting what had been discussed at this meeting. The City Attorney will draft the "ratification of past decisions" language and forward to the Trustees. The Trustees in some format are to formally vote on the "intent" language. Once this is complete the Library Director, Deputy City Manager and City Manager would draft a MOU regarding the administrative responsibilities the City would perform during the interim period. Councilor Greco once again asked for and received verbal confirmation from Trustees and Councilors that this plan seemed to make sense. The two Boards also discussed that the process needed to move forward at a pace so that the proposed Charter change language could be on the November, 2012 General Election ballot. Trustees and Councilors expressed appreciation that the meeting was productive and that a direction was established. Councilor Riehle motioned to adjourn the meeting, seconded by Councilor Mackenzie. The meeting adjourned at 6:40 p.m. Click here for Library Board of Trustees’ response to May 8th 2012 minutes Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. HThe South Burlington Community Library Board of Trustees, after reading the minutes of the May 8, 2012 joint meeting of the City Council and Library Board, felt that the overall minutes were accurate yet the tenor of the ITlinutes were assuming more affirmation from the Board than actually took place. For example the paragraph beginning with: "After much discussion Councilor Greco asked ... all appeared to nod their heads in agreement" and the paragraph starting with "Councilor Greco once again asked ... received verbal confirmation from Trustees ..." in the mind of the Board are not , . . accurate assessments of the Board's reaction." Above' is the Library Board of Trustees' response to the May ,2012, minutes 8thof the joint meeting between the Council and the Trustees. The May minutes were discussed the Library Trustees at their July loth meeting. Although no formal vote was taken the Trustees seemed to agree unanimous with the above sentiments. Above was written by Michelle Cannon, Library Trustee Vice-Chair, with concurrence by Chair Nancy Simson as to the above capturing the thinking of the Trustees. Bob Rusten