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MEETING MINUTES

MINUTES

MINUTES

REGULAR MEETING OF THE

BUFFALO AND ERIE COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES

JUNE 15, 2006

The regular monthly meeting of the Board of Trustees of the Buffalo and Erie County Public Library was held on Thursday, June 15, 2006, in the Central Library pursuant to due notice to trustees. The following members were present:

Rebecca L. Pordum, Chair

W. Lawrence Buck, Vice Chair (via telephone)

Frank Gist, Secretary

Richard L. Berger, Treasurer

Sheldon M. Berlow

Jack Connors

Phyllis A. Horton

Annette A. Juncewicz

John B. Long

Susan Maggiore

Hormoz Mansouri

Judith K. Summer

Wayne D. Wisbaum

Morton H. Stovroff, Trustee Emeritus

Excused: Elaine M. Panty, out of town

Sharon A. Thomas, out of town

Chair Rebecca L. Pordum called the meeting to order at 4:00 p.m. in the Joseph B. Rounds Conference Room.

Agenda Item B Agenda/Changes to the Agenda. There were no changes to the proposed agenda.

Agenda Item C Minutes of the Meeting of May 18, 2006 . Ms. Horton moved for approval, Mr. Berger seconded, and approval was unanimous.

Agenda Item D Report of the Chair. Ms. Pordum reported she, Director Michael Mahaney and Deputy Director Kenneth Stone attended a meeting with Eden Public Library trustees on June 12 th . This was relative to the planning process, which is going to be the Library's primary focus this year. She reminded trustees they will be voting on a plan at the September meeting, and she encouraged all Board members to attend as many planning meeting sessions as possible. Meeting dates will be posted on the website. Other contracting library trustees are beginning to accept the Library's offer to attend their meetings. This helps provide insight into contracting library missions, goals and needs and affords some common ground with which to work.

Agenda Item E Committee Reports.

Agenda Item E.1 Executive Committee. Mr. Mahaney reported on behalf of Mr. Buck, who was on speakerphone. He reported the Committee met on June 8 th to set the agenda for this meeting.

Agenda Item E.2 Budget and Finance Committee. Trustee Berger asked Mr. Stone to explain Budget and Finance items.

Agenda Item E.2.a Contract Library Transfers. This action involves routine transfers within the Amherst Public Library budget. On motion by Ms. Horton and a second by Mr. Berger, the resolution was approved unanimously as follows:

RESOLUTION 2006-25

WHEREAS, a request for budget transfers has been received from the Amherst Public Library, now therefore be it

RESOLVED, that the Board of Trustees of the Buffalo and Erie County Public Library approve transfers totaling $2,397 within the budget of the Amherst Public Library.

Agenda Item E.2.b Authorize Chair to Execute 2006 Contracts with Contracting Libraries and Approving Implementing Budget Adjustments. This would authorize issuance of 2006 contracts with contracting libraries and approve necessary budget transfers to implement those contracts. One major change is reflective of the four libraries that have joined the Centralized Human Resources (CHR) program since the beginning of the year: Clarence, Eden, Elma and North Collins. With this program, the System serves as payroll and benefits administrator for the contracting libraries, so it is necessary to transfer funds from contracting libraries' accounts to the Salaries, Wages and Fringes accounts. Other adjustments involve termination payouts made at the beginning of this year. Mr. Berger moved for approval. Ms. Horton made the second. Approval was unanimous.

RESOLUTION 2006-26

WHEREAS, responding to Erie County's fiscal crisis required a major restructuring of the Library System to address reduced County support for

operations and library materials in 2006 that, at $21.7 million, is at least $7 million less than the $28.7 million ($24.2 million in Library Property Tax and $4.5 million in County Capital funding for library materials) provided in 2004, and

WHEREAS, recognizing such restructuring would make adopting 2006 contracts by the end of the year unrealistic, on November 17, 2005, the Board of Trustees adopted Resolution 2005-56, which authorized 2005 contract extensions with contracting libraries to be effective until such time as a permanent 2006 contract is executed, or June 30, 2006, whichever is earlier, and

WHEREAS restructuring also required changing contract language, for example, in cases where contracting libraries' fundraising efforts or municipal support provides sufficient monies to allow libraries to remain open more hours per week than provided in the budget, a provision to include the additional service in contracting library budgets as well as to reimburse the System for the additional utility, employee benefit and related expenses paid by the System must be incorporated into the annual contract, and

WHEREAS, such support has allowed the following libraries to restore weekly open hours: Amherst (Williamsville), Alden, Collins, both Cheektowaga libraries (Sunday hours), Eden, Elma, Marilla, North Collins and Orchard Park (Sunday hours), and

WHEREAS, since the first of the year, the Clarence, Eden, Elma and North Collins Libraries have joined the Centralized Human Resources (CHR) program, requiring the remaining budgets for those libraries' salary, wage and fringe benefit expenses be transferred from the contract payment lines to the salary, wage and fringe benefit lines, and

WHEREAS, as the restructuring proceeds, the need to allocate termination payout and related transition expense among library accounts is required, now therefore be it

RESOLVED, that the Board of Trustees of the Buffalo and Erie County Public Library authorizes the Chair of the Board of Trustees to execute 2006 contracts incorporating these changes, and be it further

RESOLVED, that the Board of Trustees of the Buffalo and Erie County Public Library approves the budget adjustments and transfers shown in the attached Exhibit 1.

Agenda Item E.2.c Erie County Capital Project Requests. Mr. Stone said this resolu­tion was prepared in anticipation of receiving documentation from Erie County for Capital Project requests. In fact, a tentative submission schedule was received June 14 th , and the Library's request is due on July 14 th , which is prior to the July meeting. At the Budget and Finance Committee meeting on May 11 th , recommendations, guidance and direction in relation to Capital proposals were developed. Prioritizations proposed are the Central Library escalator and fuel tank replacement projects, Central Library interior renovation and asbestos abatement, library consolidation project incentive funds and computer/office equipment replacement and upgrades. Specific dollar amounts will reflect guidance received from the County. The actual request will be brought back to the Board at the July meeting. Mr. Berger moved for approval and was seconded by Ms. Summer. Approval was unanimous. Mr. Stone added that the County also provided a timetable for budget submission, and it appears likely a budget proposal will be ready for Board review at the August meeting.

RESOLUTION 2006-27

WHEREAS, the time of year to prepare and submit capital project requests to Erie County for the following five-year period is approaching, and

WHEREAS, as of June 9, 2006, the Library has not yet received the Erie County Division of Budget, Management and Finance's 2007-2012 Capital Budget preparation guidelines and instructions, and

WHEREAS, the Board of Trustees' Budget and Finance Committee met on May 11, 2006 to review potential project information, and

WHEREAS, the Committee recommended guidance be provided to the Library Director allowing him to submit a request on a timely basis, now therefore be it

RESOLVED, that the Board of Trustees of the Buffalo & Erie County Public Library hereby charges the Director to prepare and submit 2007 Erie County Capital Project requests prioritized as follows:

•  Central Library Escalator Replacement and Fuel Tank Replacement;

•  Central Library Interior Renovations and Asbestos Abatement;

•  Library Consolidation Project Incentive Funds; and

•  Computer Equipment/office equipment replacements and upgrades,

and be it further

RESOLVED, that the Board of Trustees of the Buffalo & Erie County Public Library expresses its support for requests that may be submitted by the County Public Works Department to address Central Library mechanical equipment and building needs not covered by the above requests, and be it further

RESOLVED that the Director transmit the requests to the appropriate County Department pursuant to the County's instructions and timetables and provide a report to the Library Board detailing the requests submitted.

Agenda Item E.3 Planning Committee. Ms. Pordum mentioned the meeting with consultant Stephen Abram on May 24 th . He is highly regarded and has a wealth of knowledge regarding the future of libraries and what will be required in terms of technology. The Library System must prepare for the new world. Ms. Summer recommended Mr. Abram's website, http://stephenslighthouse.sirsi.com/. She also suggested reading The World is Flat . These sources give valuable insight on where libraries are going in the future. Mr. Abram will return to the Central Library in October for a presentation to staff and trustees, and Ms. Summer recommended that everyone attend if possible. Ms. Pordum stressed the importance of trustees doing their homework.

Agenda Item F Report of the Director. Michael Mahaney informed trustees that a meeting with the Elma Library Board is scheduled in July, and he recognized Elma Trustee Richard Walter in the audience and welcomed him. He reported that members of the Administrative Team have been conducting town hall-type meetings with staff at every single location throughout the Library System, totaling approximately 60 meetings. A lot of good feedback from staff is being collected, as well as some criticism. Mr. Mahaney feels it is important to learn how staff is dealing with the losses suffered. The meetings serve as a means to re-establish relationships and communications with employees.

The Director circulated a recent edition of Buffalo Business First that featured an article on B&ECPL databases that are available to assist business people.

One of the greatest concerns to Library administration is the level of service being provided given the resources, staffing and funding available. Administrative staff has been asked to explore better ways of doing business. Some libraries are open only 18 hours per week, and this is totally unacceptable. Some Buffalo branches are open an insufficient number of hours to adequately serve their communities. When Trustee Sharon Thomas returns, Mr. Mahaney will ask her to schedule a meeting of the Buffalo Library Services Committee so that alternative models of service delivery and methods of supplementing services can be reviewed.

The Director remarked on handouts provided to trustees pertaining to the second annual Harlem Book Fair Buffalo. Last year's event was a great success, and he anticipates this year's program will be even better. A jazz gala, author talks, etc., will occur, and he encouraged trustees to participate.

The Association of Contracting Library Boards meets Saturday, June 17 th , at the Grand Island Memorial Library at 10 a.m. All trustees are welcome to attend.

Mr. Mahaney commented on a recent donation of vinyl records received from Trustee Sheldon Berlow. Included among hundreds of records was a recording of More of Hal Holbrook in Mark Twain Tonight! The Library owns a copy of Hal Holbrook's original Mark Twain recording, Mark Twain Tonight! but did not own the second volume. It will be added to the Library's Mark Twain Room collection. The Director thanked Mr. Berlow for his donation.

Ms. Pordum remarked that any and all donations are welcome. The Library System is dealing with libraries that are open only 18 hours per week. Donations may make a difference in helping to keep libraries open an extra hour or two.

Ms. Collins gave additional information on Harlem Book Fair Buffalo. This year the B&ECPL will be a beneficiary of funds raised from the event. Forty percent of the proceeds from Friday's gala event at the Statler will go to the Library. The other beneficiary is Literacy Volunteers. Tickets for the gala are available at Encore Editions. She also reported that a book sale will be held at the Central Library on July 15 th .

The Chair inquired about the distribution of proceeds from recent fundraisers. Ms. Collins replied that library mangers were recently informed that $18,000 in cash was raised during the past six months as well as a few thousand dollars in in-kind services. That money is being given back to libraries in a number of ways. Summer reading incentives have been purchased with those funds. Awards of $100 are being made to each library for programming in conjunction with the summer reading program. Also, mini-grants of $100-300 are being awarded for next year's programs. All the money raised is going towards children's programs, as advertised.

The following was submitted by the Director and transmitted to Board members prior to the meeting.

Library Futurist Visits B&ECPL to Set Stage for Planning Process: No one can predict the future.  Where libraries are concerned, however, few people have a better track record than Stephen Abram , Vice-President of Innovation for Sirsi/Dynix, the firm that supplies library automation software and services to many major U.S. library systems, including B&ECPL.  On May 24 th , Abram spent the entire day (after 3 hours the previous evening) sharing his expertise and insights with B&ECPL staff and, later, with B&ECPL trustees Rebecca Pordum, Larry Buck, Sheldon Berlow, Susan Maggiore, Elaine Panty, Judy Summer and Sharon Thomas during a special meeting of the Board's Planning Committee. As B&ECPL embarks on a 5-year planning process to create its own strategic plan and comply with New York State mandates, Abram's presentation included the results of a recent study on the needs of library patrons completed by him and his associate Mary Lee Kennedy , Executive Director, Baker Library, Harvard University.  This study included a focus group of B&ECPL patrons. Further, Abram discussed the landmark Perceptions of Libraries and Information Resources report, which summarizes findings of an international study on information-seeking habits and preferences.  Abram's views of how libraries will change over the next five years will assist the Board and administrative staff in identifying the focus and needs of our patrons as we plan for the future. In 2002, Library Journal named Abram one of the key people influencing the future of libraries and librarianship.  He is the past president of the Canadian Library Association and has been president of the Ontario Library Association.  He has served on the international board of directors of the Special Libraries Association (SLA) and currently is president of this organization. Abram is a Fellow of SLA and, in June 2003, he was awarded SLA's highest honor, the John Cotton Dana Award.  He is an adjunct professor at the University of Toronto, Faculty of Information Studies. In October, Abram will return to B&ECPL to conduct an informational session for all B&ECPL staff and trustees.

Town Hall Meetings with Staff Yield Valuable Insights: As an integral part of the B&ECPL 2007-2011 planning process and in an effort to renew communi­ca­tions and understanding among all staff after the painful downsizing of 2005, the Library's administrative team has divided itself into mini-teams with a goal of interacting with as many staff as possible at every department, division and all 36 community library locations in the System. Certain themes or perceptions are repeated at almost every visit, while others are unique to individual libraries. Staff at some locations appear to be coping remarkably well in the aftermath of 2005's budget cuts, while elsewhere the strain of delivering service with too few resources (human, material and financial) is evident. Reports are being generated after each visit, to highlight any strategic planning implications that arise as the result of staff input and to record any immediate needs that can be addressed with current resources.  These reports, along with contributions from contract library boards and public meetings, will be integrated into B&ECPL's Five-Year Plan of Service.  Generally, staff has been receptive to the visits and appreciates the opportunity to express concerns to System decision-makers. Meetings continue through mid-June.

Fine-Tuning Continues on Merriweather Library:   Just two months old, the Frank E. Merriweather, Jr. Library continues its shake-down cruise.  Last week, when outdoor temperatures soared into the 80s and indoor temps surpassed 90 degrees, the air conditioning system failed to perform.  Recent installations and repairs have rectified that deficiency, and now the interior environment is friendlier to library patrons and staff.  A third telephone line has been added exclusively for the fax machine.  At the same time, BN Systems integrated the telephone system with the public address system.  CIO Shirley Whelan and Supervising Chief Stationary Engineer Chip Campbell continue to work with Simplex, the vendor that installed the security system at the new library, to conduct staff training and address outstanding problems.  The City of Buffalo has communicated its concerns regarding some persistent issues to the architect, and all hope that those matters will be addressed very soon. The custom carved wooden doors should be installed within the next few weeks, eliminating temporary metal doors that have been in use since the April opening. In the near future, a pilot program for the use of jump drives will begin at Merriweather.  The Graphics Department is developing appropriate signage as well as docu­men­tation and stickers identifying which computers have easily accessible USB ports. At the completion of this pilot, older PCs will be modified with a special cable to extend the USB port located in the back of the equipment case to the front of the machine at Merriweather and at other libraries, so patrons can use their personal electronic devices when they visit the library.

Harlem Book Fair Buffalo 2006 ? The Story Continues:  Mark your calendars for the 2 nd annual Harlem Book Fair Buffalo taking place in downtown Buffalo on Saturday, July 8 th , from 11 a.m. to 7 p.m.  B&ECPL and Literacy Volunteers of Buffalo and Erie County are the Fair's lead not-for-profit organizations.  The event will feature readings, book signings, interactive children's activities, seminars, panel discussions, a variety of vendors and the opportunity to meet and greet well-known authors.  The exciting line-up includes a special presentation by Paul Robeson, Jr. , author of the new book A Black Way of Seeing:  From Liberty to Freedom .  Robeson is the son of legendary African-American performing artist, scholar and activist Paul Robeson .  In addition, some of Western New York's literary notables, such as Lauren Belfer , Virginia Deberry and Ishmael Reed will participate in special sessions at the Book Fair.  The following authors will share historical insights about the Underground Railroad:  Betty DeRamus , author of Forbidden Fruit:  Love Stories from the Underground Railroad and Fergus Bordewich , author of Bound for Canaan: The Underground Railroad and the War for the Soul of America .  Award-winning children's author Sharon Draper will discuss her new book, Copper Sun, and award-winning children's book illustrator Jerry Pinkney will share stories behind his artwork.  The Book Fair also highlights a diverse group of local and regional authors.

Jazz Gala to Open Harlem Book Fair Buffalo and Benefit B&ECPL: At 8 p.m. on Friday, July 7 th , a black-tie gala will open the 2006 Harlem Book Fair Buffalo and celebrate Buffalo's Love of Jazz from the 40s and 50s.  Attendees are encouraged to dress in the formal attire of the era, dance to the melodies of the orchestra and enjoy jazz vocals. Proceeds will benefit B&ECPL and Literacy Volunteers of Buffalo and Erie County.  The night features hors d'oeuvres, dancing, a ballroom dance contest and performance, music by Mr. Willie Dorsey - The Last Word Researchers, a member of the historical Colored Musicians Club of Buffalo, and a chance to meet national authors who will appear at the Book Fair.  Tickets are $55 per person and can be purchased at Wegmans, Novel Ideas/Encore Editions and Literacy Volunteers of Buffalo and Erie County.

Libraries Likely to Compete for Increased Construction Aid:  Members of the B&ECPL Board's Development Committee have discussed potential Central Library applications for a 2006-2007 State Aid appropriation of $664,000 for library construction projects, but representatives of various contracting libraries are indicating that they might be gearing up to compete for those funds as well.  Although the New York State Division of Library Development has yet to define and release the terms under which the new construction aid will be allocated, various libraries and municipal authorities are expressing their desire for a piece of the pie.  Representatives of local governments or library boards from the Towns of Tonawanda, West Seneca and Aurora have contacted B&ECPL administration to indicate interest. On May 31 st , members of the Aurora Town Public Library Board of Trustees met with the Director to announce their intentions to expand or replace their library, with hopes of financial assistance from the System or from the State.  At present, Aurora has fairly detailed plans for either an expanded Main Street facility or potentially more realistic a multi-use facility that incorporates town and village operations.  The latest issue (Spring 2006) of Library Trends is devoted to multi-use/joint-occupancy facilities that consolidate overhead expenses and offer communities some cost-effective alternatives to stand-alone library buildings.

Patron Activity Remains in Flux: Library patrons continue to redefine their borrowing and visiting habits as the System struggles to stabilize after the devastating cuts of 2005.  Despite the closing of 15 of 52 libraries by the end of 2005, reduced hours among 37 remaining locations and a very lean materials budget, System-wide circulation for the first five months of 2006 shows a comparatively modest decline of 12% over the same five-month period in 2005 when all 52 libraries were in operation and materials purchasing was somewhat healthier.  When the performance of today's 37 libraries is compared with last year's performance by the same 37 locations, System circulation declined by only 0.8%. Despite limited access to certain departments, the Central Library's circulation actually increased over the same five-month period by 1.5%.  After losing seven of 15 locations, Buffalo branches posted a circulation loss of 41%, although that decline is just 6.5% when the eight branches open today are compared with the same eight branches that were open last year. These numbers show a modest, upward trend over the first five months of the year, thanks in part to the opening of the Frank E. Merriweather, Jr. Library. The deficient materials budget and reduced hours at many locations can account for much of the loss.  Some Buffalo branches, for example, offer only 18 hours of service per week, which is unacceptable. Administrative staff is exploring staffing and scheduling alternatives to improve access at those locations. Circulation among contracting libraries declined 10.6% overall, but decreased only 0.3% if the 28 locations open today are compared with the same 28 that were open last year.   Further details, including a report on fine receipts and computer sessions, will appear in next month's report.

Annual New York State Reports Near Completion; Reassessment of Reporting Methodology Underway: All tasks involved in gathering performance and financial data required by New York State are complete.  At present, System staff continue to work with Library Development personnel in Albany to reassess how the information reported is broken out for B&ECPL's Public Library and Library System reports.   Because of B&ECPL's unique federated/contract structure, reporting data in the required format, which works well for coopera­tive or consolidated library systems, results in a distorted picture of B&ECPL's library operations in state and federal databases.  For example, the Public Library report overstates Buffalo Library operating costs and understates cost effectiveness by comparing performance statistics for only the Buffalo Libraries (Central and the Buffalo Branches) to B&ECPL's full cost, which includes funding provided to contracting libraries and funding that supports System services.  Individual contracting library Public Library reports include only that library's expenses and statistics.  However, as a result of the manner in which the information is reported, a search of reports for Erie County's public libraries would yield expense information for B&ECPL and the contracting libraries that effectively double counts the funding allocated to contracting libraries. This year, improving the data presentation is more important than ever.  Data from 2005 will serve as a benchmark to assess the impact of funding reductions from Erie County, which will require B&ECPL and many (if not all) of the contracting libraries to address maintenance of effort of local tax support.   Staff hopes to resolve these issues in the near future.

Materials Budgets Distributed: In May, libraries received individual materials appropriations and, for the first time this year, began ordering from checklists as a supplement to centralized selection. Centralized selection is a valuable and effective tool for collection development, but local library staff are thrilled to be able to select titles of specific interest to the distinct communities they serve. System personnel continue to monitor the workflow and prioritize the placement and processing of orders. As a potential cost saving and efficiency measure, libraries are reviewing their current list of subscriptions to determine which might be discontinued due to changing demand or the availability of content in other (e.g., electronic) formats.

Rare Book Storage Expansion Project Advances: With the aid of a $39,000 New York State Construction Grant, plans are underway to expand the Rare Book storage cage' located on Tier A. The project will double the size of the secure space as well as provide a climate-controlled environment to protect many of the valuable print treasures that the Library owns. This renovation project will require alternate tempo­rary storage for the materials in the cage' as well as relocation of thousands of shelves of material in the adjacent area. The Stacks Department has begun shifting materials to clear the construction space. The actual renovation may begin as soon as this summer. Librarians Carol Batt , Peggy Skotnicki , Elaine Barone , Kelly Donovan and Library

Associate Susan Carson are working with Supervising Chief Stationary Engineer Carl Chip Campbell to coordinate the project.

Business First Touts B&ECPL Resources for the Business Community: In the June 2 nd issue of Buffalo Business First , reporter Annie Deck-Miller interviewed librarians Ward Pautler, Dan Caufield and Bruce Weymouth of the Central Library's Business, Science and Technology Department. Her story, Data Based at the Library, features business-oriented databases as well as examples of patron requests, and it examines the contrast between today's information services and those of the pre-electronic era.

Grosvenor Room Re-Opens Fridays: Through the application of creative staffing patterns, the Grosvenor Room resumed Friday service hours from 10 a.m. to 6 p.m., effective May 19 th .

Barnes and Noble Booksellers Offers Incentives to Benefit Libraries:  As a special pre-Harlem Book Fair Buffalo 2006 event, Barnes and Noble Booksellers will offer a promotion just in time for Father's Day. Bring a voucher to the Niagara Falls Boulevard, Transit Road or Rochester stores from June 12 th through 18 th and a portion of the sale will be donated to B&ECPL.  Vouchers are available online at www.buffalolib.org.  In addition, on Saturday, June 17 th (the day before Father's Day), Barnes and Noble Niagara Falls Boulevard store will offer free gift-wrapping of purchases for Harlem Book Fair Buffalo partners.  SPOT the Dog will make a special appearance, and story times will be conducted at 1 and 3 p.m.

Gates Grant Purchase Decision Near: Johnny Hsu, Dave Kozlowski, Dennis Lance and Toni Naumovski of the B&ECPL Network Office have selected the Hewlett Packard workstation model currently offered as part of the New York State Aggregate Purchase or Big Buy program.  The primary reason for this choice is the open and non-proprietary structure of the computer.  In addition, HP provides superior service support.  Staff will meet with Paul Bczynski , local HP representative, to discuss placement of the initial order for the Bill and Melinda Gates Foundation grant equipment, as well as separate orders for the Concord and Lancaster Libraries.  Further, a meeting with key B&ECPL manage­ment and staff to examine the e-Commerce features of Envisionware and how they can best be used at area libraries is scheduled for June 12 th .

Tours and Visits: On May 18 th , 32 members of the School Librarians' Associa­tion of Western New York (SLAWNY) visited the Grosvenor Room. Librarian Rob Alessi introduced several Rare Book Room gems, including Edward S. Curtis' The North American Indian , Otto Ege's Fifty Original Leaves from Medieval Manuscripts and Conrad Gesner's Historiae Animalium to half of the group while librarian Amy Pickard offered a tour of the closed storage tier and the Mark Twain Room to the other half.

Miscellaneous Meetings and Appearances:   On April 27 th , Humanities and Social Sciences Department Manager Elaine Barone presented Treasures of the Rare Book Room at a meeting of the Honor Society for Librarians. On May 23 rd , the Director appeared as a guest on Adelphia TV-13's live broadcast of Crossroads with host Peter Anderson.   The topic of the show was the ongoing Buffalo Reads campaign and B&ECPL public programs on censorship and freedom of information.  On June 8 th , the Director was guest speaker at the annual meeting of the Friends of the Grand Island Memorial Library.

Agenda Item G Report of the Foundation Director. No information provided.

Agenda Item H Public Comment. Valerie Niederhoffer of Buffalo said she is careful about taking out materials because she does not like to pay fines. In regard to consoli­da­tion, she remarked that it means at least one library will be closed, which decreases accessibility for some patrons. In response to her query, she was assured that the Library will actively solicit public input during the planning process.

ElizaBeth Berry of Save Our Libraries complained that Dudley's meeting room is still closed to the public. She asked when books remaining from the Dudley sale would be donated to the Cazenovia reading room. Deputy Director Mary Jean Jakubowski responded that Mr. Mahaney contacted Erie County Legislator Tim Kennedy to suggest that he make arrangements to either pick the books up or have the Library deliver them. Ms. Berry asked that all areas of the County receive equitable library service.

Agenda Item I Unfinished Business. No unfinished business.

Agenda Item J New Business.

Agenda Item J.1 Use of United Way Donations to Purchase Assistive Equipment. Ms. Jakubowski said this request would authorize the expenditure of United Way funds to purchase equipment that will assist disabled and aged patrons. United Way funds are appropriate for this purpose. Outdated equipment will be put to use by the Institutions Division at the Erie County Home, Holding Center and Correctional Facility for persons with sight disabilities. On motion by Ms. Juncewicz and a second by Ms. Horton, the resolution was approved unanimously.

RESOLUTION 2006-28

WHEREAS, the B&ECPL serves the residents of Erie County, and

WHEREAS, persons with sight limitations or disabilities require special equipment and software to be optimally served, and

WHEREAS, the Library's current assistive equipment and software are out-of-date and no longer meet the needs of persons with sight limitations or disabilities, and

WHEREAS, the Library has unsuccessfully pursued grant funding for the updated assistive equipment and software, and

WHEREAS, the Buffalo & Erie County Library Board of Trustees desires to provide for the library needs of persons with sight limitations or disabilities, and

WHEREAS, sufficient funds are available from proceeds donated directly to the B&ECPL via the United Way and are currently on deposit in the Buffalo and Erie County Public Library's private funds held in trust by the Erie County Comptroller, now therefore be it

RESOLVED, that the Buffalo and Erie County Public Library Board of Trustees authorizes the Director to disburse $6,000 of the Library's private funds to purchase Kurzweil 1000 software, an optical scanner, Jawbone and Dragon Naturally Speaking software and a text enlarger.

Agenda Item J.2 Private Donations for Purchases: Expenditure Limit Change. Mr. Stone explained this resolution modifies a resolution approved in 2002, allowing the expeditious implementation of donor requests for relatively small dollar amounts. The previous limit was $500. As the needs of libraries have become more evident, this measure will increase specific-purpose donation limits to $5,000. Those monies could then be expended quickly, subject to purchasing requirements. The Budget and Finance Committee reviewed this issue in May and recommended this modification. Ms. Juncewicz moved for approval and was seconded by Ms. Summer. Approval was unanimous.

RESOLUTION 2006-29

WHEREAS, from time to time, the Library receives private donations with instructions that the proceeds are to be used for the benefit of a specific library activity, branch or department, and

WHEREAS, implementing a standing authorization to expend the proceeds of such donations on the prompt purchase of items would simplify and streamline the process for acquiring said items in accordance with donors' wishes, and

WHEREAS, on February 21, 2002 the Board of Trustees of the Buffalo and Erie County Public Library adopted Resolution 2002-6 which declared a standing authorization for the Library Director or designee to expend the proceeds of private donations with instructions that the proceeds are to be used for the benefit of a given library activity or department, up to $500 per donation, on the prompt purchase of items to benefit the designated activity branch or department, and

WHEREAS, that same resolution provided that amounts expended for this purpose be reported monthly in the Treasurer's report of year-to-date donations, and

WHEREAS, as the Library broadens fundraising efforts to help address Erie County's reduced support, more donations are expected to arrive in amounts above the $500 amount stated in Resolution 2002-6, and

WHEREAS, increasing the standing authorization amount to $5,000 would simplify and streamline the process for acquiring said items in accordance with donors' wishes in amounts up to $5,000, now therefore be it

RESOLVED, that the Board of Trustees of the Buffalo and Erie County Public Library declares a standing authorization for the Library Director or designee to expend the proceeds of private donations with instructions that the proceeds are to be used for the benefit of a given library activity, branch or department, up to $5,000 per donation, on the prompt purchase of items to benefit the designated activity, branch or department, and be it further

RESOLVED, that amounts expended for this purpose be reported monthly in the Treasurer's report of year-to-date donations.

Agenda Item J.3 Orchard Park Public Library Energy Saving Project. This resolution is a statement of willingness to participate in the Orchard Park Public Library Energy Saving Project. For a number of years, the Orchard Park Public Library has been seeking to lower its energy costs. A few years ago, this Board approved a resolution for the Orchard Park Public Library to participate in a demonstration project. However, that project was not approved by the New York State Energy Resource Development Authority (NYSERDA). Subsequently, the Town had an energy audit performed that recommended a number of improvements which, if implemented, would pay back project costs in 3.6 years. The Town would like the Library to participate because the savings will be realized by the B&ECPL since utility costs are paid by the System. The B&ECPL has a history of doing this, having participated in projects in the Towns of Tonawanda and Amherst. This project would allow immediate savings beginning in year one. This resolution simply indicates support and would direct Library staff to work out an agreement that would then be returned to the Town of Orchard Park, the Orchard Park Public Library and the B&ECPL Board for approval. Ms. Juncewicz moved for approval. Ms. Horton made the second.

Dr. Mansouri had questions about the financial arrangements for this type of energy savings program. Is there any guarantee of savings? Mr. Stone said what is being proposed is not a performance guarantee contract. The agreement would be structured so that the Library would cover the costs subject to verifiable energy savings. The Library's exposure would be no more than the actual savings that the project would generate. The major portion of this project is to retrofit lighting, which generates easily measurable savings. There being no further discussion, the Chair called for a vote. The resolution was approved by a vote of 12 to one, with Dr. Mansouri opposing.

RESOLUTION 2006-30

WHEREAS, the Town of Orchard Park, in cooperation with the New York State Energy Research and Development Authority (NYSERDA), has contracted with C. J. Brown Energy, P.C. to perform an energy audit of the Orchard Park Public Library, and

WHEREAS, the audit resulted in a recommendation to implement a series of measures to increase the energy efficiency and comfort within the facility , and

WHEREAS, i f all recommended measures were implemented, estimated utility savings would approach $13,000 per year, with a payback of the measures' estimated $47,000 cost in 3.6 years , and

WHEREAS, s ince the utility costs for the Orchard Park Public Library are paid through the B&ECPL budget, the utility savings from the proposed measures would accrue to the B&ECPL, not the Town of Orchard Park , and

WHEREAS, Orchard Park Public Library and Town representatives have approached B&ECPL staff to determine the Library's interest in participating in funding these improvements , and

WHEREAS, l ibrary staff has reviewed the energy program audit report and agrees that applying a portion of the estimated energy savings to assist the Town of Orchard Park in financing these improvements would be in the mutual interest of the B&ECPL, Orchard Park Public Library and the Town of Orchard Park , now, therefore, be it

RESOLVED, that the Buffalo & Erie County Public Library Board of Trustees authorizes the Library Director/designee to negotiate an agreement in cooperation with the Town of Orchard Park and the Orchard Park Public Library, subject to final review/approval of all parties, including the B&ECPL Board of Trustees .

Trustee Wisbaum requested the Board convene in Executive Session to discuss matters related to potential litigation regarding future fundraising for the Library. Mr. Berger made a second, and approval was unanimous. Mr. Mahaney was asked to remain in the room. The Board entered into Executive Session at 4:38 p.m.

During Executive Session, Trustee Wisbaum presented the following resolution (assigned #2006-31 after the meeting) for Board approval. Dr. Mansouri made the second for Mr. Wisbaum's motion, whereupon a vote was taken.

RESOLVED, that the Buffalo and Erie County Public Library Board of Trustees has no objection to The Library Foundation of Buffalo and Erie County, Inc.'s transfer of substantially all of its assets to the Community Foundation for Greater Buffalo as of June 30 th , or at the earliest day.

This resolution was defeated by a vote of seven to six. Trustees Berlow, Buck, Horton, Juncewicz, Maggiore, Pordum and Summer voted against the resolution. Trustees Berger, Connors, Gist, Long, Mansouri and Wisbaum voted in favor of the resolution.

Trustee Wisbaum presented a second resolution for Board discussion and consideration as follows:

RESOLVED, that the Buffalo and Erie County Public Library Board of Trustees has no objection to The Library Foundation of Buffalo and Erie County, Inc.'s transfer of substantially all of its assets to the Community Foundation for Greater Buffalo, provided that the Library Foundation agrees in writing to work with the Buffalo and Erie County Public Library in good faith to (A) delineate appropriate areas of fundraising and fundraising activities between the Library Foundation and the Buffalo and Erie County Public Library and (B) establish and implement a grant-making procedure to govern requests for funding by the Buffalo and Erie County Public Library and distributions of funds to or for the benefit of the Buffalo and Erie County Public Library.

And, be it further

RESOLVED, that the Buffalo and Erie County Public Library Board of Trustees hereby agrees that the Buffalo and Erie County Public Library will work with the Library Foundation in good faith to (A) delineate appropriate areas of fundraising and fundraising activities between the Library Foundation and the Buffalo and Erie County Public Library, and (B) establish and implement a grant-making procedure to govern requests for funding by the Buffalo and Erie County Public Library and distributions of funds to or for the benefit of the Buffalo and Erie County Public Library.

This resolution (assigned #2006-32 after the meeting) was tabled by unanimous vote.

Trustee Berlow left the meeting at approximately 6:15 p.m.

Discussion ensued regarding representation at an upcoming meeting with the Attorney General. Trustee Wayne Wisbaum made a motion, seconded by Mr. Berger and con­firmed by unanimous vote, to send a letter to attorney Michael de Freitas delineating his responsibilities as a consultant to the Library Board, with the stipulations that a draft of the letter be sent to Library trustees by the close of business on June 19 th , allowing trustees 48 hours to comment. If any objections were made to the proposed letter, a special meeting of the Board would be convened before the letter is sent.

Trustee Long left at approximately 6:30 p.m. The Board reconvened in public session at 6:32 p.m. Chair Pordum repeated Trustee Wisbaum's third motion (assigned #2006-33 after adoption), which had been adopted unanimously in Executive Session, and the trustees still present reaffirmed the three actions (Resolutions #2006-31, #2006-32 and #2006-33) in public session.

Trustee Gist left at approximately 6:35 p.m.

After further discussion, it was agreed that the Library Board would send three trustees as representatives to meet with the Attorney General. Mr. Mahaney and attorney Michael de Freitas would accompany the three trustees as consultants. The Library Foundation may also have three representatives from their Board at the meeting as well as an attorney for consultation.

Mr. Mahaney reiterated that Mr. de Freitas would be acting as a legal consultant, not as a representative of the Library Board in an adversarial matter. Depending on the outcome of the Attorney General's meeting, Mr. de Freitas may return to the B&ECPL Board to brief trustees and explain options. At that point, the Board as a group will make a decision about how to proceed.

There being no further business, on motion by Ms. Horton, seconded by Trustees Berger and Mansouri, the meeting was adjourned at 6:40 p.m.

Respectfully submitted,

Frank Gist

Secretary

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