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MEETING MINUTES

MINUTES

REGULAR MEETING OF THE

BUFFALO AND ERIE COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES

NOVEMBER 16, 2006

The regular monthly meeting of the Board of Trustees of the Buffalo and Erie County Public Library was held on Thursday, November 16, 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

Frank Gist, Secretary

Richard L. Berger, Treasurer

Sheldon M. Berlow

Jack Connors

Phyllis A. Horton

Annette A. Juncewicz

Hormoz Mansouri

Elaine M. Panty

Judith K. Summer

Wayne D. Wisbaum

George M. Zimmermann, Trustee Emeritus

Excused: John B. Long

Susan Maggiore

Sharon A. Thomas

Chair Rebecca L. Pordum called the meeting to order at 4:05 p.m. in the Joseph B. Rounds Conference Room.

Agenda Item B Agenda/Changes to the Agenda. No changes to the proposed agenda.

Agenda Item C Minutes of the Meeting of October 19, 2006. Minutes were moved by Ms. Horton and seconded by Mr. Buck. Approval was unanimous.

Agenda Item D Report of the Chair. Ms. Pordum reported on the Legislative budget hearing held on October 30 th . She thanked Trustees Berger, Berlow, Horton, Maggiore, Panty and Summer for participating. The legislators in attendance seemed receptive to the presentation, which included a request for increased funding. The Chair and Vice Chair are currently calling each legislator to discuss the Library's budgetary needs for 2007. She asked all trustees to take time to call legislators, explain how libraries in their districts will benefit and encourage them to support an increase in funding for libraries.

Ms. Pordum thanked library staff for planning a wonderful Staff Development Day. It was good to have staff come together for a day where everyone could discuss common issues, the future of library systems in general and the importance of technology. Some­times it is important for everybody to hear the same thing at the same time.

Agenda Item E Committee Reports.

Agenda Item E.1 Executive Committee. Mr. Buck reported the Executive Committee convened on November 8 th . Trustees Buck, Horton and Panty were present. Proposed agenda items were presented for review, and each item was confirmed. He also stated the Executive Committee met at 3:30 p.m., just prior to the Board meeting.

Ms. Pordum said the Executive Committee met to discuss the working relationship between the Library Foundation and Library Board. A good faith effort was made to develop an agreement that will work for both the downsized Foundation and the Library's new Development Office. She distributed copies of the proposed written agreement to trustees, who were asked to review it and be prepared to discuss same at the December meeting. The proposed agreement must also be reviewed by the Library's attorney, Mr. de Freitas. Members of the negotiating committee, i.e., Trustees Berger, Berlow, Connors and Pordum, as well as Director Michael Mahaney, can answer questions regarding this document.

Agenda Item E.2 Budget and Finance Committee. Mr. Berger stated he reviewed the proposed finance item, and he asked Deputy Director Kenneth Stone to introduce the resolution.

Agenda Item E.2.a Authorization for Year-end Transfers in Excess of $5,000. Mr. Stone said occasionally during the year-end closing process there may be insufficient time to bring transfers in excess of $5,000 to the Board for prior approval. Therefore, this resolution has become a routine annual item. Any transfers will subsequently be reported back to the Board. Mr. Buck moved, Ms. Panty made a second, and approval was unanimous.

RESOLUTION 2006-58

WHEREAS, the 2006 year-end closing process approaches and involves finalizing encumbrances (or commitments to expend budgeted funds), and

WHEREAS, the delay between payment of telecommunications related expenses and receipt of E-rate discount reimbursements for those expenses can cause the need to transfer funds temporarily between budget accounts as the available balances in the E-rate supported accounts towards the end of the fiscal year are too low to accommodate the delay, and

WHEREAS, some costs, such as termination payouts for retiring employees, will affect other accounts, including the System salary and fringe accounts and individual contracting library salary and fringe benefit accounts, requiring transfers, and in the case of contracting libraries, contract budget amendments, be processed quickly to ensure payroll expenses can be met on a timely basis, and

WHEREAS, it may be in the Library's interest to encumber items that may require budget transfers in excess of $5,000, now therefore be it

RESOLVED, that the Board of Trustees of the Buffalo and Erie County Public Library authorizes the Library Director, with the approval of the Board Chair or the Budget and Finance Committee Chair, to approve transfers within the budget affecting objects of expenditure in excess of $5,000 for the purposes of making year-end encumbrances and/or expenditures as stated above, and be it further

RESOLVED, that the Board Chair is authorized to execute contract library contract budget amendments required to implement transfers needed to address library termination costs, and be it further

RESOLVED, that any such transfers be incorporated into the monthly financial statements submitted to the full Board prior to the close of the fiscal year, and be it further

RESOLVED, that the Board of Trustees of the Buffalo and Erie County Public Library authorizes the Library Director to approve temporary transfers within the budget impacting objects of expenditure in excess of $5,000 for the purposes of accommodating the delay between payment of telecommunications-related expenses and receipt of E-rate discount reimbursements for those expenses, with said transfers being reversed upon receipt of the E-rate reimbursement.

Agenda Item E.2.b Monthly Financial Report. The financial report for the period ending September 30, 2006 was provided for information.

Agenda Item E.3 Bylaws Committee.

Agenda Item E.3.a Amend B&ECPL Bylaws. Trustee Phyllis Horton introduced Resolution 2006-59 to amend the B&ECPL Bylaws. Copies were distributed to trustees at the October meeting to allow for the 30-day review period and were also included in the November Board packet. Ms. Panty moved and was seconded by Mr. Buck. Mr. Connors asked how the Development Committee would report to the Board since the Project Review Committee was eliminated in the amended Bylaws. Ms. Horton said this issue was discussed by the Bylaws Committee, and it was decided to wait until the new Development Officer is on staff to make that determination. The Development Committee may operate under a different name. Once this has been decided, a formal reporting procedure for that committee will be added to the Bylaws. The Chair called for a vote, and approval was unanimous.

RESOLUTION 2006-59

WHEREAS, copies of proposed amendments were provided for the Board's consideration at a public meeting, October 19, 2006, and

WHEREAS, all proposed changes have been reviewed and approved by B&ECPL legal counsel, and

WHEREAS, due notification was given to the Board of Trustees as required by the current Bylaws, indicating that said Bylaws were subject to amendment at the November 16, 2006 meeting of the Board, now therefore be it

RESOLVED, that the Board of Trustees of the Buffalo and Erie County Public Library adopt the proposed Bylaws of the Buffalo and Erie County Public Library to supersede and replace the prevailing Bylaws, last amended, March 20, 2003.

Trustee Juncewicz arrived at approximately 4:15 p.m.

Agenda Item F Report of the Director. Director Michael Mahaney informed the Board the Erie County Legislature's public hearing on the 2007 budget has been scheduled for Monday, November 27 th , at 5 p.m. in Legislative Chambers. This is an opportunity for those who support restorations in library funding to speak up and be heard.

The Director reported on a meeting he had with Kenneth Vetter, Executive Director of the Erie County Fiscal Stability Authority (ECFSA), also attended by Mrs. Jakubowski and Mr. Stone. The implications of the recently imposed one-year control period and how it may affect the Library's ability to hire staff and enter into contracts in excess of $50,000, including annual contracts with contracting libraries, were discussed. The Library intends to comply with all ECFSA resolutions and directives. Staff is currently outlining new procedures that comply with ECFSA requirements.

Mr. Mahaney stated the Association of Contracting Library Trustees (ACT) will meet on October 21 st at the Aurora Town Public Library. All trustees are welcome to attend.

In closing, the Director acknowledged some individuals who were not mentioned in his written report: Carol Batt for assisting with Staff Develop­ment Day and also Msgr. Albert Clody, All Saints Catholic Church and Rev. David Kubiak, Pastor of Ontario Street Methodist Church, for their roles in the 20 th anniversary celebration of the Riverside Library.

Development Office Director Ruth Collins was asked to report on recent activities. She reported a used book sale was going to be held on November 17 th and 18 th . Obsolete computers will also be sold. Ticket order forms for the Talegate with Tasker fund­raising event were distributed to trustees and meeting attendees. She thanked event supporters, including Jack Connors, who donated a football autographed by Andre Reed. Mrs. Collins is currently developing the recruitment package for her successor, and she plans to meet with Human Resources staff soon to create a civil service job description. The complete package will be shared with trustees. The direct mail piece is nearly completed. Mrs. Collins thanked Assistant Deputy Director Ami Patrick and her staff for their assistance on this project. Mrs. Collins is also developing a process for System-wide mini-grants ($100-$300) for youth programs to be awarded in 2007.

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

2007 Budget Advocacy Campaign Emphasizes BIG Return on Small Investment: On October 30 th , representatives of the B&ECPL Board of Trustees, administrative staff and contracting library boards gathered in Old County Hall to present the Library's 2007 budget request (including proposed restorations) to the County Legislature's Finance and Management Committee. Legislature Chair Lynn Marinelli and Legislators Michele Iannello , Kathy Konst , Tom Loughran , John Mills and Committee Chair Demone Smith were present.  (Due to a conflict, Legislature Majority Leader Maria Whyte was compelled to leave shortly before the presentation.) B&ECPL Board Chair Rebecca Pordum , Budget and Finance Committee Chair Rick Berger , CFO Ken Stone and the Director made remarks, presented budget information and answered questions. The hearing was cordial and constructive, with legislators affirming their appreciation of the needs and value of the Library and expressing their compliments on an effective presentation with all of its supporting documentation. Also present to lend support were B&ECPL Trustees Sheldon Berlow , Phyllis Horton , Susan Maggiore , Elaine Panty , Judy Summer , Lancaster Public Library Trustees Al Martin and Suzanne Jacobs and Aurora Town Public Library Trustee George Oliver . At this time, the date of the public hearing on the 2007 County Budget has not been set, but advocacy efforts on behalf of the Library have begun. The County Executive's recommendation for a 2007 B&ECPL budget holds the Library Tax levy flat at $21,671,833 for the third year in a row. This amount is less than the Library received in 1997 and is insufficient to sustain even the current downsized System. The Library's total request might cost more, but not much more.  For an increase of only seven cents per month on an average $100,000 taxable property, those libraries that fail to meet New York State standards can meet them.  For a little more, some desperately needed hours can be restored at several libraries, increasing 18-hour-a-week locations to 24 hours (or more), improving weeknight and weekend hours, so more people can visit and take advantage of all the Library provides. The Library has developed a four-tier restoration package whose total cost is only 62 cents more per month on an average $100,000 property in Erie County ? less than the price of one regular cup of coffee or a candy bar!  All of the 2007 budget hearing testimony and documentation is posted on the B&ECPL website, along with contact information for all Erie County Legislators. Other resources, including sample advocacy letters, appear at : http://www.buffalolib.org/advocacy/index.asp .

Inaugural Staff Development Day Earns High Marks: On October 18 th , more than 300 staff members from all locations and every level of the B&ECPL organization gathered to refresh skills, learn new techniques and reacquaint themselves with their colleagues from across the System. Following welcoming remarks by the Director, Dr. Kathryn Bryk Friedman , Deputy Director of the Institute for Local Governance and Regional Growth, reviewed the best-selling book The World is Flat by Thomas Friedman , which explains how technological, economic, social and political forces have leveled the global playing field. Thought-provoking questions and dialogue followed. Next, library futurist Stephan Abram , Vice President of Innovation for SirsiDynix, described how national and international technology trends affect libraries and, consequently, what libraries must anticipate and address in the years ahead. Afterward, staff enjoyed a delicious lunch prepared by Fables Café (generously supplied by the Development Office) before returning to the Mason O. Damon Auditorium for mandatory sexual harassment training presented by Dramatic Solutions. Next, twelve breakout sessions provided training for staff and trustees on the topic of their choice, including current and future technology trends, customer service, children's programming, trustee roles and responsibilities and library advocacy. Industry presenters included Patrick Iannicelli from Traveler's Group, Bill Pomerhn from Erie Community College, Ed Corr of Corr Distributors and In Jest comedy performers. Many thanks go to Chief Operating Officer Mary Jean Jakubowski and Human Resources Officer Doreen Woods for their coordinative roles as well as the following staff for planning, preparation, presentation, set-up and clean-up: Maureen McLaughlin, Karen Kida, Peter Arnold, Peggy Errington, Kelly Donovan, David Wojtasik, Jennifer Childs, Diane Doster, Barb Trybuskiewicz, Cindy Zubler, Dawn Peters, Christopher Wielgus, Ami Patrick, Mary Bobinski, Donna Locker, Britt White, Julia Gelsomino, Joyce Maguda, Carol Veach, Ann Slater, Beverly Federspiel, Susan Carson, Raya Then and ALL B&ECPL Maintenance and Network Support staff.

Kensington Branch Reborn as School Library: On November 1 st , hundreds of students, parents, faculty, public officials and assorted friends assembled as the former Kensington Branch Library was re-dedicated as the new library for the Westminster Community Charter School (WCCS). The Director was on hand as Buffalo Mayor Byron Brown , Buffalo Schools Superintendent Dr. James Williams , Council Members Bonnie Russell and Antoine Thompson , State Assembly Member Crystal Peoples and Erie County Legislator Demone Smith recognized WCCS Principal Dr. Yvonne Minor-Ragan and everyone associated with this remarkable re-use project. M&T Bank

Gates Foundation Funds Rural Library Sustainability Project: Fourteen B&ECPL libraries (designated by populations of 25,000 or less) were eligible for participation in a regional workshop funded by the Bill and Melinda Gates Foundation to promote public access computing in rural communities. Chief Information Officer Shirley Whelan , Coordinated System Services (CSS) Administrator Carol Batt and CSS librarian Kelly Donovan attended as System representatives. Directors Lee Ainsworth-Mahaney (Aurora Town Public Library), Chris Moesch (City of Tonawanda Public Library) and Jennifer Hoffman (Lackawanna Public Library) also participated in the daylong workshop that helped libraries develop an action plan for specific technology projects.

Gala Benefits Lackawanna Library: On October 21 st , approximately 120 of the Lackawanna Public Library's best friends and supporters gathered for the 19 th annual gala to benefit the library. Traditionally, this event acknowledges the contributions of specific individuals, and this year was no exception. 2006 honorees were the Reverend Monsignor Robert C. Wurtz and Sister Ellen O'Keefe , SSJ, principal of Our Lady of Victory School. The program began at 7 p.m., followed by dinner, an awards ceremony and the announcement of raffle and prize winners. Musicians Walter Sopicki and Jim Kurzdorfer entertained the crowd. Through ticket sales, raffles and a silent auction of donated items, the gala raised more than $2,000 to benefit the library.

Riverside Branch Building Celebrates 20 th Birthday: On October 26 th , dozens of friends, staff, volunteers and assorted well-wishers assembled at the Riverside Branch Library to recognize two decades of service from the 820 Tonawanda Street location.

Twenty years ago, this handsome 7,250 square-foot structure replaced a nearby storefront, and the community has benefited from that change ever since. B&ECPL Trustee and Riverside friend Elaine Panty presided over the formalities, with fellow Trustee Phyllis Horton making additional remarks. Former Erie County Legislator Al DeBenedetti , a traditional champion of the Riverside Branch, was acknowledged, and Ms. Panty unveiled a plaque honoring Mr. DeBenedetti's late brother, James . Also honored on this occasion were George Winter, Jr. and Tom Sczepanski for their dedication to the library. Branch Manager Raya Then acknowledged the wonderful relationship that exists between the community and the library staff, also recognizing some former staff who were in attendance. New York State Assembly Member Sam Hoyt and Erie County Legislator Maria Whyte presented proclamations in honor of the occasion.

Workshop Updates Automation Users: On October 5 th , five B&ECPL staff attended the Upstate Sirsi Users' Group meeting in Canandaigua, New York. The meeting provided an opportunity to network with staff from other libraries that rely on SirsiDynix automation products and services. Discussion topics included software upgrades, Serials MARC holdings and a formal presentation of other SirsiDynix innovations.

Library Tests MySpace as a Means of Reaching New Users: In an effort to connect with new audiences, especially the teen/young adult age group, B&ECPL has established its presence with its own page on the popular MySpace website.  Library Webmaster David Wojtasik has created a preliminary page, focusing on marketing current events. The B&ECPL MySpace profile allows the Library to target and interact with a wide range of groups and individuals, such as local businesses, bands and patrons. MySpace will help attract more people to B&ECPL events and to the library in general. B&ECPL's MySpace friends list continues to grow daily.  In addition, on the Library's own website, Mr. Wojtasik has created new designs for both the Kids Corner and Teen Space pages, making them more accessible, user-friendly and appealing to the intended audiences.  RSS (Rich Site Summary) feeds were also added to both the Kids Corner and Teen Space. After registering, this service allows patrons to get updates on events and other topics of interest from each of the two sections, without directly visiting the website.  Eventually, RSS feeds will be implemented throughout the entire B&ECPL website, allowing individuals to receive content without spending time actively searching for it. The Library will continue to explore other technologies and online opportunities to bring rich, accessible and dynamic content to all patrons and staff.

October Storm and Staff Development Day Affect Library Activity: The freak snowstorm that smothered Western New York between October 12 th and 13 th , downing trees and disrupting utility service to hundreds of thousands of homes and businesses, had an impact on library activity as well. Service schedules at most B&ECPL locations, including Central and all Buffalo branches, were curtailed in the immediate aftermath

Library Links to WNY Storm Assistance Recovery Site : Librarians Suzanne Colligan (Humanities and Social Sciences Department) and Cynthia Van Ness (Grosvenor Room) teamed up to assemble needed information and contacts for area residents who were affected by the freak October snowstorm. That information has been posted on the B&ECPL website, and a complementary printed flyer was developed and disseminated to all libraries in the System.

Library Professionals and Stakeholders Gather for Regional Conference : As president of the Western New York Library Resources Council (WNYLRC) Board, Central Library Administrator Peggy Skotnicki presided over the 40 th annual meeting of the Council on October 18 th .  The following day, the WNYLRC Regional Conference, Library Adaptation: The Evolution of a New Species, offered library professionals from across the region insights into the changing environment and circumstances that affect libraries, library patrons and library personnel as they advance into the 21 st century.   B&ECPL librarians Elaine Barone (Humanities and Social Sciences Department), Glenn Luba (Popular Materials Department), Claudia Yates (Crane Branch), Bruce Weymouth (Business, Science and Technology Department), Peggy Errington (Coordinated System Services), Linda Rizzo (Cheektowaga), Lynn Konovitz (Grand Island), Sal Bordonaro (West Seneca) along with Administrators Carol Batt (Coordinated System Services), Ann Kling (Extension Services) and Chief Information Officer Shirley Whelan attended the daylong conference.  As a member of the WNYLRC Continuing Education Committee, Ms. Batt assisted with planning and moderated a group discussion table-talk.

OverDrive Due to Arrive Soon: Staff continue to prepare for the launch of B&ECPL's new downloadable audio-book service. A committee of personnel from throughout the System has designed the local interface and begun selecting titles to constitute the start-up core collection as staff prepare to live-test the product. A marketing campaign to promote OverDrive's arrival and availability is in development.

B&ECPL Represented at State Conference: Between November 1 st and 4 th , several members of the B&ECPL staff participated in the 2006 New York State Library Association Conference in Saratoga Springs. COO Mary Jean Jakubowski along with administrators Ann Kling (Extension Services) and Carol Batt (Coordinated System Services) joined librarians Beverly Federspiel (Children's Department), Maureen McLaughlin (Catalog Department), Linda Rizzo and Donna Locker (Cheektowaga Public library), Director Kate Weeks and librarian Millie Dekoff (Town of Tonawanda Public Library) as they attended various workshops and seminars.

Miscellaneous Meetings, Presentations and Appearances:   On October 6 th , Diana Dillaway , author of Power Failure , visited the Merriweather Library to discuss her book before an enthusiastic audience. On October 20 th , the Director welcomed public officials and other interested parties to a Census Planning Workshop conducted in the Central Library's Mason O. Damon Auditorium. The workshop was designed for those who interpret and disseminate Census data as well as those who collect and manage accurate census statistics for decision-making purposes and resource allocation. Among B&ECPL staff who participated were Business, Science and Technology (BST) Department Manager Nancy Mueller and BST librarian Bruce Weymouth . From October 21 st through 25 th , librarian Jim Stelzle (BST) attended the Federal Depository Library Program Conference in Washington, D.C. On October 28 th , librarian Cynthia Van Ness (Grosvenor Room) presented a research workshop for the Preservation Coalition of Erie County. On November 7 th , the Director was a guest on the Time-Warner public affairs program Crossroads , where host Peter Anderson posed questions

regarding projected 2007 County funding for libraries, advocacy efforts and improved technology at Buffalo branches. Business, Science and Technology Department librarian Dan Caufield is collaborating with Scott Smith , President of the Buffalo Chapter of the Service Corps of Retired Executives (SCORE) and member of the Grand Island Memorial Library Board of Trustees, to finalize onsite business counseling in BST.

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

Agenda Item H Public Comment. There were no requests to address the Board.

Agenda Item I Unfinished Business. No unfinished business.

Agenda Item J New Business.

Agenda Item J.1 RAM Van Proposal from United Way. Ms. Pordum introduced Tom Kerr and Mary Martino, representatives of a United Way program, who have proposed a plan to utilize the Library's RAM Van to provide community services. Mr. Kerr said this program will serve low-income families and individuals across Erie County and will be part of a larger effort known as the Economic Self-Sufficiency Coalition of Western New York. He described the types of service that would be offered from this outreach vehicle, which will be retrofitted by the United Way. The services will be offered from parking lots at various library locations throughout the County as well as other venues. The Library will have no liability. After discussion, Ms. Juncewicz moved for approval. She was seconded by Mr. Buck, and approval was unanimous.

RESOLUTION 2006-60

WHEREAS, as a result of funding reductions associated with Erie County's 2005 fiscal crisis, all vehicular based library service was discontinued in 2005, and

WHEREAS, pursuant to a recommendation of the Erie County Fiscal Stability Authority (ECFSA) approved Erie County 2006 four-year financial plan, the Board of Trustees of the Buffalo and Erie County Public Library adopted Resolution 2006-17, which released the mobile library tractor trailers for sale while retaining the RAM Van and Lookie Bookie vehicles for potential future outreach uses, and

WHEREAS, the United Way sponsored Economic Self-Sufficiency Coalition of Western NY has proposed an alternative use for the RAM Van vehicle that fits very well with its former mission, and

WHEREAS, the coalition proposes to outfit the vehicle with 10 computer workstations to be utilized to serve a target audience of low and moderate income families and individuals by:

Providing free tax preparation at locations with limited opportunity for community based tax prep sites or unique population needs;

Conducting financial literacy training using computerized workstations with target audiences from children to adults;

Delivering computer training for populations without easy access to appropriate facilities, such as a computer lab;

Assisting with reading and math skill training for elementary school age children utilizing computer workstations and volunteer tutors, and

WHEREAS, area libraries would be prominent among the sites visited, so users can transfer skills developed and use the related resources within their local library, and

WHEREAS, the Coalition proposes that the RAM Van would be leased to Daemen College for the major service delivery connections for a period of no less than three years at $1.00 per year, and

WHEREAS, vehicle outfitting, insurance, registration and maintenance would be provided at no cost to the Library, with the United Way serving to coordinate the installation of all needed equipment with community partners and facilitate the payment of operating expenses, now therefore be it

RESOLVED, that the Board of Trustees of the Buffalo & Erie County Public Library declares the Library's support for this concept, and be it further

RESOLVED, that the Board of Trustees authorizes the Library Director, in cooperation with the Library's attorney, to negotiate and enter into a contract to allow the RAM Van vehicle to be utilized for this program for a three-year period, subject to the provision of insurance, registration and maintenance at no cost to the Library and pursuant to the terms described above.

Agenda Item J.2 Authorize Chair to Execute 2006 Contract Extensions with Contract­ing Libraries. Mr. Mahaney said this resolution has, unfortunately, become routine and is necessary because the final 2007 County budget has not yet been adopted by the Legislature. This resolution simply extends the current year's contract terms until such time as a permanent 2007 contract is executed, but no later than June 30, 2007. Ap­proval to issue 2007 contracts must also be received from the Erie County Fiscal Stability Authority. Mr. Buck moved, Ms. Horton seconded, and approval was unanimous.

RESOLUTION 2006-61

WHEREAS, budgetary allocations from Erie County and New York State to the Buffalo and Erie County Public Library constitute more than 90% of the financial resources supporting the contract with the Public Library, and

WHEREAS, due to difficult local fiscal circumstances, Erie County's 2007 allocation may not be known until mid-December or later, and New York State's allocation may not be known until well into 2007, and

WHEREAS, the timing and extent of Erie County Fiscal Stability Authority's procedural requirements are not yet fully known, and

WHEREAS, this makes it difficult for the Buffalo and Erie County Public Library and the contracting libraries to develop, consider and approve a contract prior to the beginning of the 2007 fiscal year on January 1, 2007, and

WHEREAS, to meet the 2007 payroll and other operating expenditure needs of the contracting libraries, a provision for allocating funds must be in place on or about January 1, 2007, if not earlier, 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, if necessary, to execute 2006 contract extensions with contracting libraries to be effective until such time as a permanent 2007 contract is executed, or June 30, 2007, whichever is earlier, and be it further

RESOLVED, that funding amounts under said contract extensions would be based upon the estimated allocation of the 2007 B&ECPL Board-adopted budget.

Agenda Item J.3 Variance Requests: New York State Minimum Standards. The Director reported three contracting libraries, Boston Free, Eden and North Collins Public, currently do not meet minimum State standards due to budget cutbacks and have been unable to raise sufficient supplemental funding to enable them to meet required standards. Therefore, the B&ECPL must file a variance with New York State on their behalf. In addition, the Boston Free Library also does not meet the State standard of having a certified librarian in charge, which is a relatively recent require­ment for this library because the population of the Town of Boston has increased. The current library manager is grandfathered in, but a variance form must be filed to report the reason for this variance. Ms. Horton moved for approval. She was seconded by Ms. Summer. The resolution was approved unanimously.

RESOLUTION 2006-62

WHEREAS, the Board of Trustees of the Boston Free , North Collins Public and Eden Libraries reported they were unable to meet standard #7 (providing minimum hours of service) of the New York State Minimum Standards for Registration of Public, Free Association and Indian Libraries, and

WHEREAS, presently these libraries are open the following hours:

Library Present open hours per week Standard

Boston Free 30 35

Eden 30 35

North Collins Public 22 25, and

WHEREAS, this is a direct result of reductions in County funding stemming from Erie County's fiscal crisis, which has reduced County operating and library materials support to less than was provided in 1997, and

WHEREAS, the Board of Trustees of the Buffalo and Erie County Public Library has requested modest restorations of County funding to address this situation, and

WHEREAS, the Boston Free Library is also unable to meet standard #11 (employs a paid director in accordance with the provisions of Commissioner's Regulation 90.8) of the New York State Minimum Standards for Registration of Public, Free Association and Indian Libraries, and

WHEREAS, while the Boston Free Library does employ a paid director, the educational requirements for that library changed when its chartered population increased from slightly below 7,500 in the 1990 census to slightly above 7,500 in the 2000 census and this change occurred several years subsequent to the incumbent's appointment, requiring a variance be requested, and

WHEREAS, pursuant to regulation, the Boston Free, North Collins Public and Eden Libraries have completed Variance Request Forms and transmitted them to the Board of Trustees of the Buffalo & Erie County Public Library for review and action, now therefore be it

RESOLVED, that the Board of Trustees of the Buffalo and Erie County Public Library authorizes the Board Chair and Director to sign and transmit requests from the Boston Free, North Collins Public and Eden Libraries for variances from the New York State Minimum Standards for Registration of Public, Free Association and Indian Libraries to the New York State Division of Library Development.

Ms. Panty inquired about the likelihood of the Library receiving a favorable response to the variance requests. Mr. Mahaney said the B&ECPL has a good working relationship with the State Division of Library Development and has a positive record of receiving approval for variance requests. State Librarian Janet Welch and the Board of Regents are well aware that these issues are confronting the B&ECPL due to budgetary constraints.

Discussion ensued regarding the budget process in light of the increased power of the Erie County Fiscal Stability Authority. Mr. Mahaney and Mr. Stone both expressed confidence that the Library has established good channels of communication with the ECFSA and, at this time, they do not foresee any problems going forward. Ultimately, the ECFSA must approve any additional funding for libraries.

There being no further business, on motion by Ms. Panty and a second by Mr. Buck, the meeting was adjourned at 4:40 p.m.

Respectfully submitted,

Frank Gist

Secretary

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