Orange County Library System Board of Trustees

Transcription

1 Orange County Library System Board of Trustees Board Packet for March 2002

2 ORANGE COUNTY LIBRARY SYSTEM 101 East Central Boulevard Orlando, Florida Fax Mary Anne Hodel, Director March 15, 2002 TO: Corb Sarchet, President Phyllis Hudson, Vice President Ron Harbert, Trustee Gloria Fernandez, Trustee The Honorable Rich Crotty, Chairman of the Library Governing Board, Members of the Governing Board, Commissioners Teresa Jacobs, Bob Sindler, Mary Johnson, Clarence Hoenstine, Ted Edwards, Homer Hartage, Orange County; and Patty Sheehan, City of Orlando. FROM: RE: Mary Anne Hodel, Director Library Board Meeting The next meeting of the Library Board will be 7:00 p.m., Thursday, March 21, 2002, Main Library, 101 East Central Boulevard, Orlando, Florida, 32801, 407/ If any board member has an item to be brought up for discussion, please call Milinda Neusaenger before the meeting. Cc: Michael Rudd, Liaison, Membership and Mission Review Board County Jolynn Haven, Liaison, City of Orlando

3 AGENDA ORANGE COUNTY LIBRARY SYSTEM BOARD OF TRUSTEES March 21, 2002 Albertson Room Main Library 101 East Central Boulevard, Orlando, Florida / I. Call to Order Introduction of Trustee Designees II. Public Comment III. Approval of Minutes Thursday, February 14, V. Financial Statements February 28, 2002: Robert Tessier VI. Statistics: Debbie Moss VII. Action Items A. Revision of Board of Trustees By-Laws to change title of Library Director: Corb Sarchet B. Election of Board President D. Letter to President Corb Sarchet from former Director of the Orange County Library System, Dorothy Field E. Trustees Emeritus: Debbie Moss F. Trustee Emeritus Appointment of Corb Sarchet: Debbie Moss G. Book Endowment for Corb Sarchet: Debbie Moss H. Decision Making Authority with regards to Personnel Matters: Carla Fountain, Susan McKenna I. Defined Benefit Plan Amendment: Robert Tessier, David Pearson J. Resolution for DVD Reciprocal Borrowing: Debbie Moss K. Resolution to update Materials Selection Policy: Debbie Moss L. Rules of Conduct Policy: Debbie Moss M. Florida Government in the Sunshine Training: Carla Fountain

4 N. Staff Day: Carla Fountain O. Communication Policy: Carla Fountain P. Planning for Results: Debbie Moss Q. Carpet Purchase for South Creek: John Claytor R. Carpet Purchase for Windermere: John Claytor S. Carpet Purchase for North Orange: John Claytor T. Shelving at South Creek: John Claytor VIII. Discussion Committees of the Board: Debbie Moss History of Diversity on the Library Board of Trustees: Mary Anne Hodel IX. Information Director s Report Investment Report: Robert Tessier Employee Survey: Carla Fountain Branch Cash Handling Procedures: Robert Tessier South Creek Project Summary Report: January 31, Library Feature of the Month: Gail Carroll, QuestLine Department Head X. Adjournment Next Meeting Dates: April 11, 2002, 7:00 p.m., Herndon Library, 4324 E. Colonial Drive, Orlando, FL 32803; May 9, 2002, 7:00 p.m., West Orange Library, 1 East Cypress Street, Winter Garden, Florida If any person desires to appeal any decision with respect to any matter considered at a Library Board of Trustees meeting, such person will need a record of the proceedings; for this purpose, such person may need to ensure that a verbatim record of the proceedings is made to include the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act, any person requiring special accommodations to participate in this proceeding due to a disability as defined by ADA may arrange for reasonable accommodations by contacting the business office on the fifth floor of the Main Library in person or by phone at 407/ at least two days prior to the meeting.

5 Page 1 of 1 ORANGE COUNTY LIBRARY SYSTEM BOARD OF TRUSTEES February 14, 2002 Albertson Room Main Library 101 East Central Boulevard, Orlando, Florida / I. Call to Order President Sarchet presiding, called the meeting to order at 7:02 p.m. Pending Approval Board Members Present: Administration Present: Corb Sarchet (2/0), Phyllis Hudson (2/0), Ron Harbert (2/0), Gloria Fernandez (2/1) Mary Anne Hodel, Debbie Moss, Robert Tessier, John Martin, Kathryn Robinson, Carla Fountain, Marilyn Hoffman, Milinda Neusaenger II. Board of Trustees Group Photo The Board Members posed for group and individual photos that will be posted on the Library s website III. Public Comment No one from the public requested to speak IV. Approval of Minutes - Thursday, January 10, 2002 Trustee Sarchet, seconded by Trustee Harbert, moved to approve the minutes from the January 10, 2002 meeting. Motion carried V. Financial Statement Comptroller/Division Head Robert Tessier presented the following information and report: Revenues Ad Valorem Taxes A substantial portion of the amount budgeted has been received through the end of January. Since the Tax Collector deducts his fee directly from each tax distribution, we have also expended most of the Tax Collector fees shown under Operating Expenditures on the attached summary.

6 Page 2 of 2 Pending Approval State Aid The State Library has notified us that we will receive $1,637,933 in State Aid this fiscal year, which is $114,166 less than budgeted. Law Collection Fees The Law Collection fees are a month behind. For example, the fees for December were not received until mid January. However, we expect to receive the total amount budgeted. Interest While these revenues normally start out slowly each fiscal year, the drop in interest rates over the last year has been dramatic. We will continue to monitor this revenue source. Contributions- Friends of Library These revenues are not received evenly during the year. However, we expect to receive the entire amount budgeted. Expenditures Sick Leave Payout Sick leave paid out to terminated employees since the beginning of the fiscal year equals $18,346. This amount is included in the salaries expenditure line on the attached Operating Fund Expenditure Summary. Worker s Compensation Insurance Premiums are paid in installments in the first half of the fiscal year rather than monthly throughout the year. We expect the total premiums paid will be within budget. Rent The attached Operating Fund Expenditure Summary is for the four months ended January 31, However, the rental expenditure line includes five months of rent. Since the rent checks are due the first of each month, they are generated in the previous month. Insurance Like Worker s Compensation Insurance, our liability, property, and automobile insurance premiums are paid in the first half of the fiscal year. We expect our future rates will be affected by September 11 th, but it s difficult to project the extent. Transfer to Branch Debt Service Fund Since the loan payments are due on February 1 and August 1, the transfers from our Operating Fund to the Branch Debt Service Fund are also done semi-annually.

7 Page 3 of 3 Pending Approval Other Items of Interest to Note 1. The Library s Defined Benefit Pension Plan earned 5.5% in Our previous contract with the Hartford only allowed for investments in the General Account, which is all fixed income. The new contract with The Hartford allows us to withdraw roughly $14,000,000 from the General Account over seven quarters and diversify these funds into mutual funds offered through The Hartford. Although our strategic asset allocation plan is roughly 60% equities and 40% fixed income, most of the funds withdrawn thus far ($10,000,000) from the General have been invested in fixed income mutual funds based on the advice of our investment consultant. 2. The Library s Defined Contribution Plan lost 3.3% in To put this in some context, roughly 60% of the assets are invested in equities and the S& P 500 lost almost 12% in Comptroller/Division Head Tessier will bring a summary of investments to the next Board Meeting. Speaking of the Defined Contribution Plan we are talking to our auditors about doing a special engagement to test the annual calculations which were recently completed. In essence, we are looking for an independent review of the calculations. 3. Next month Comptroller/ Division Head Tessier will bring a summary of the Library s investments for This includes both pension and operating funds VI. Statistics Assistant Director Debbie Moss presented and summarized the Circulation, Library Online, and Statistical Reports. VII. Action Items A. Resolution for Election of Recording Secretary Director Hodel proposed that Administrative Assistant Milinda Neusaenger be appointed as the Recording Secretary for the monthly Board Meetings. Trustee Harbert moved, seconded by Trustee Hudson, to appoint Milinda Neusaenger as Recording Secretary. Motion carried B. Resolution to Appoint Pension and Deferred Compensation Plan Administrators Comptroller/Division Head Robert Tessier summarized the recommendation for the appointment of Plan

8 Page 4 of 4 Pending Approval Administrators for: 1. Defined Contribution Pension Plan; 2. Defined Benefit Pension Plan; 3. Deferred Compensation Plan (all employees); and 4. Deferred Compensation Plan (Director). Discussion ensued concerning how Plan Administrators are appointed in other organizations. It was mentioned that most organizations appoint a similar group of management personnel to such positions. Trustee Fernandez moved, seconded by Trustee Harbert, to appoint Mary Anne Hodel, Carla Fountain and Robert Tessier as the Administrators of the OCLS Defined Contribution Pension Plan, Defined Benefit Plan and the Deferred Compensation Plan (all employees) and to appoint Carla Fountain and Robert Tessier as the Administrators to the Deferred Compensation Plan (director). Motion Carried C. Resolution to Approve Community Activity Policy Director Hodel summarized the recommendation of the Library Community Activity Policy. Brief discussion ensued regarding who may represent OCLS in various organizations and events. The subject of funding was mentioned as well. Trustee Harbert moved, seconded by Trustee Hudson, to approve the Library s Community Activity Policy. Motion Carried D. Resolution to Authorize the Library Branches to Sell Donated Materials on Behalf of the Friends of the Library Assistant Director Debbie Moss presented and summarized the recommendation to sell books in the Branches on behalf of the Friends of the Library. The funds generated would be turned over to the OCLS Friends of the Library. Brief discussion followed regarding the ramifications of cash handling and how rare and collectible books will be identified.

9 Page 5 of 5 Pending Approval Trustee Hudson moved, seconded by Trustee Fernandez to authorize the Library Branches to sell donated materials on behalf of the Friends of the Library. Motion carried E. Resolution to Authorize the Library to Charge Postage Due Amounts to a Patron s Card When Material is Returned Postage Due Assistant Director Debbie Moss explained the recommendation to charge postage due fees to a patron s library card. Trustee Harbert moved, seconded by Trustee Fernandez to authorize the Library to charge back postage due charges to the Patrons Library Card Number in our DRA database when library materials are returned with postage due. Motion carried 4-0. VIII. Discussion A. Signage for Winter Garden Branch Planning and Development Officer John Claytor spoke regarding the Winter Garden Branch: The Library has closed on the Plant Street Property in Winter Garden that was donated by the Battaglia family. The Donation Agreement has specific requirements for recognizing that gift in the signage. The actual language in the Donation Agreement is: (b) Name. In consideration of the donation of the Donation Property to the Donee hereunder, the name of the Library shall include S.C Battaglia, or in some other manner agreeable to Donor, commemorate the Battaglia family. Such name will be included on the signage for the Library. Donee shall furnish construction plan for such signage to Donor as provided in Paragraph 8(a) and Donor shall have the right to request modifications and upgrades to such signage at Donor s expense. The project architect, Harvard Jolly Clees Toppe, has prepared several alternative sign layouts for our consideration. Management would like the Board s input on which design should be submitted to the Battaglia family. The Board selected the option:

10 Page 6 of 6 S.C Battaglia Memorial Winter Garden Branch Orange County Library System Pending Approval They gave clear direction that the building should be called a Branch, rather than a Library, of the Orange County Library System. Dedication Plaque Standard: The dedication plaques for Alafaya and West Oaks honored the Governing Board and the Board of Trustees. They also recognized the architect, contractor and Library Director. In each case, the individuals cited were in office when funding for the projects were approved. During Library Day in Tallahassee, it was brought to the Library s attention that we could do a better job of acknowledging the support of our Legislative delegation in gaining approval for the grant funds that partially funded each project. The Library asked the State of Florida, Orange County Capital Projects, and the Broward County Library System what standard they used to prepare the dedication and found that there is no single standard used throughout the state. Some of the practices include: 1. Most Florida Library Grant recipients do not prepare a dedication plaque honoring governmental bodies. 2. The State Library suggested that only those in office at ground breaking be recognized, except for the Legislative Delegation. In their case, use those in office when the grant was approved. 3. Orange County recognizes the County Commission in office when the building is dedicated. 4. Broward County Public Library recognizes their board that is in office when ground is broken and the board that approved the funding. They do not recognize the Legislative Delegation that approved the grant. Mr. Claytor pointed out the inconsistencies and asked for the Board s input on a standard. He asked that the Board consider the following questions: Which group(s) should be recognized? Library Board Governing Board Legislative Delegation Architect Contractor

11 Page 7 of 7 Director Pending Approval What date should be used when selecting the actual names to include? This could be different for each group. The Board directed that the South Creek plaque include: 1. The Legislators in office at the time the grant money was approved. This is to include only those whose district includes the Branch location. 2. The Governing Board in office at the time the construction project was approved. 3. The Library Board that approved the Construction Budget. 4. The Library Director at the time the Construction Budget was approved. 5. The Architect 6. The Contractor Trustee Hudson moved to approve, seconded by Trustee Harbert, the wording for the South Creek Library dedication plaque so the signage for this building could move forward. The Board will consider drafting a standard signage language. Motion carried B. Board Page Website Assistant Director Moss demonstrated and gave a brief explanation of the new Board web page that will be posted on Library on Line. In addition to a picture and brief biography of each Trustee, Board committees and Board approved policies will be listed on the link C. Personnel Policies Workshop Human Resources Manager Carla Fountain presented the options for the Board to consider for a Personnel Policies Workshop. The Board chose to be presented the full detailed presentation of the Library s personnel policies on May 14, 2002, at 6:00 p.m. Discussion followed regarding other topics to be presented to the Board such as the Florida Government Sunshine Law. IX. Information Director's Report In addition to the Director s report, Director Hodel presented the following for the Board s information and edification:

12 Page 8 of 8 Pending Approval Wilbur the Piglet will be joining the Library for National Library Week, April 14-20, as part of the One Book/One Community promotion of Charlotte s Web. The Library explored self-insurance options with its insurance consultant, Kristen Hughes. Although selfinsurance was ruled out as an option for the Library, Ms. Hodel promised to keep the Library informed about changes in the industry. Food for Thought Café opened Monday on the first floor of the Main Library. As a result of a hole that has developed in the retention pond at the North Orange Branch, a decision has been made upon the advice of a testing engineer, to fill the hole with more soil. The Director signed new Input Forms for the two accounts (Operating and Capital Projects) that the Library has at the State Board of Administration Investment Pool. The Director shared with the Board her goals which are as follows: o Weave the Library into the fabric of the community: increase the Library presence in the community through active partnerships. o Actively communicate the Library s values o Be an agile and vital organization o Positively respond to the growth and changes in the community o Be proactive in providing future library content and products Library Feature of the Month: Wendi Bost Collection Development Department Head Wendi Bost gave the Board a presentation highlighting the future initiative of Collection Development X. Adjournment Corb Sarchet adjourned the 8:47 p.m. Next Meeting Dates: March 21, 2002, 7:00 p.m., Albertson Room, Main Library, 101 East Central Blvd., Orlando, FL 32801, 407/ ; April 11, 2002, 7:00 p.m., Herndon Library, 4324 E. Colonial Drive, Orlando, FL 32803, 407/

13 Orange County Library System Financial Statement Highlights Four Five Months Ended February 28, 2002 Revenues State Aid The State sends us the funds electronically in two payments. The first payment was received in February. Rents The rent received from the Café in the Main Library is based on 5% of sales. However, our Concession Agreement provides that there is no rent during the first year of the Café s operation. Since the Café opened in February of this year we will not start collecting rent until next year. Expenditures Sick Leave Payout Sick leave paid out to terminated employees since the beginning of the fiscal year equals $20,443. This amount is included in the salaries expenditure line on the attached Operating Fund Expenditure Summary. DCP Retirement Contribution The Library s contribution into the plan equals 7.5% of gross wages. The annual contribution for 2001, $685,502, was deposited into the Plan in February. Materials Law Some of the law materials are coming in quicker this year and thus, we have expended about 48% of the amount budgeted for the year.

14 ORANGE COUNTY LIBRARY DISTRICT OPERATING FUND REVENUE SUMMARY 02/28/02 BUDGET ACTUAL BALANCE % RCVD (5 months=42%) AD VALOREM TAXES 20,640,121 18,570,106 2,070, % INTERGOVERNMENTAL REVENUES State Aid 1,752, , , % Literacy Grant 25,000 12,500 12, % Law Collection Fees 210,000 87, , % 1,987, ,982 1,068, % CHARGES FOR SERVICES Fee Cards 16,000 6,705 9, % Copy & Vending 160,000 61,150 98, % 176,000 67, , % FINES Fines 450, , , % Lost Materials 40,000 19,110 20, % 490, , , % MISCELLANEOUS REVENUES Interest Earnings 450, , , % Rents 6, , % Sale of Fixed Assets Book Sales 22,000 9,968 12, % Computer Disk Sales Contributions - Friends of Library 75,000 5,400 69, % Contributions - Others 3,000 2, % Telephone Technical Discount 0 34,302-34,302 Miscellaneous Revenues 30,000 9,825 20, % 586, , , % TRANSFER FM TAX COLLECTOR 170, , % TOTAL REVENUES 24,049,220 19,946,038 4,103, %

15 ORANGE COUNTY LIBRARY DISTRICT OPERATING FUND EXPENDITURE SUMMARY 02/28/02 BUDGET ACTUAL BALANCE % EXPEN (5 months=42%) PERSONAL SERVICES Salaries 10,164,109 3,966,588 6,197, % Medicare Taxes 147,381 60,260 87, % DCP - Retirement Contributions 1,260, , , % DBP - Retirement Contributions 612, , , % Life and Health Insurance 1,059, , , % Worker's Compensation 101,644 45,762 55, % Unemployment Compensation 9,806 2,743 7, % 13,354,533 5,510,067 7,844, % OPERATING EXPENDITURES Professional Services 140,000 73,120 66, % Other Contractual Services 440, , , % Other Contract. Serv.- Janitorial 212,000 72, , % Travel 75,000 28,297 46, % Telecommunication 228,000 76, , % Delivery and Postage 806, , , % Utilities 678, , , % Rentals and Leases 1,008, , , % Insurance 97,000 46,375 50, % Repair and Maintenance 419, , , % Repair & Maint. - Hardware/Software 121,000 41,080 79, % Copying/Printing 100,000 30,876 69, % Property Appraiser's Fee 240,000 58, , % Tax Collector's Fee 425, ,402 53, % Contingency 300, , % Supplies 519, , , % 5,808,000 2,261,093 3,546, % CAPITAL OUTLAY Building and Improvements 1,280,000 99,769 1,180, % Equipment and Furniture 410,000 92, , % 1,690, ,468 1,497, % LIBRARY MATERIALS Materials - Rest. Contributions 32,000 11,029 20, % Materials - Literacy 25, , % Materials - Law 210, , , % Materials - Other 3,485,000 1,335,861 2,149, % 3,752,000 1,447,627 2,304, %. TRANSFER TO BR DEBT SERV FUND 416, , , % TOTAL EXPENDITURES 25,021,312 9,619,644 15,401, %

16 STATISTICS HIGHLIGHTS JANUARY CIRCULATION STATISTICS: Decreases over last year limited to Hiawassee and West Orange (the West Oaks effect). DOOR COUNT: The Main Library door count mechanisms had been broken. They are working again. PROGRAM ATTENDANCE: We ve made a change to the reporting. We will report total number of attendees at Library programs and the total number of programs. QUEST LINE: Quest Line experienced quite a jump. Two contributing factors: increase in electronic reference questions and results of a new library card verification option where patrons can call in to verify they have received their new Library card. ELECTRONIC USE: Beginning this month we will begin to track more of our electronic activity.! Visits to website pages We don t have these figures for last year. This figure represents the total number of times the pages of our website (Library on Line) were visited.! Online databases- These are the subscription databases the public has access to. The challenges here are that each vendor reports activity a bit differently but overall access is up by 43.64%. Some of this increase is due to the addition of new databases. We will be actively seeking ways in which to promote these valuable resources to the public. FUTURE STATISTICS DEVELOPMENTS: We are purchasing a web log tracking software package called Web Trends. It will provide us with information on:! Where our visits are coming from, inside or outside of the network! Which of our posted PDF files are downloaded most often! Which search engines are used most often to locate us! Which sites are linking to us We will also begin reporting the number of patron sign ups/sessions at our PAN stations. Reported at March 21, 2002 Board meeting

17 Orange County Library System Circulation Statistics January 1, 2002 through January 31, 2002 Location Days Circulation % of Year Gain % Gain Total Visits Gain or % Gain or Open Total Total Ago (Loss) - Loss Visits Year Ago Loss Loss Main , % 109,378 11, % 77,445 60,548 16, % Books by MAYL 25 38, % 34,235 4, % Talking Books 29 4, % 4, % West Oaks 25 25, % % 16, , % Herndon 25 28, % 25,312 3, % 16,298 14,361 1, % Alafaya 25 38, % 32,337 5, % 16,100 14,693 1, % Southeast 25 25, % 22,616 2, % 22,347 15,552 6, % Hiawassee 25 18, % 21,910 (3,433) % 15,425 14, % Southwest 25 29, % 26,429 3, % 15,046 14, % Edgewater 25 19, % 18,151 1, % 23,062 18,317 4, % North Orange 25 27, % 24,402 2, % 18,321 12,625 5, % South Orange 25 28, % 24,328 4, % 17,047 12,065 4, % South Trail 25 12, % 11,494 1, % 10,820 9, % West Orange 22 8, % 10,705 (1,949) % 5,546 5,605 (59) -1.05% Windermere 22 9, % 9, % 4,377 3, % Wash. Park 22 5, % 4, % 4,252 5,169 (917) % Total , % 379,044 62, % 262, ,057 60, %

18 ORANGE COUNTY LIBRARY SYSTEM STATISTICAL REPORT January 2002 CIRCULATION % gain or loss Main 125, , % Branches 277, , % Total 403, , % DOOR COUNT % gain or loss Main 77,445 60, % Branches 185, , % Total 262, , % PROGRAM % gain or loss ATTENDANCE Total 9,200 7, % Total # of Progams % % gain or loss Quest Line 12,338 9, % MAYL 38,303 34, % Requests 39,642 35, % Registrations 220, , % Electronic Use % gain or loss Visits to website pages 216,368 n/a Online database usage 22,410 15, %

19 ORANGE COUNTY LIBRARY SYSTEM LIBRARY ON LINE REPORT Jan-02 LOGINS % gain or loss 120,387 78, % CATALOG SEARCHES % gain or loss 160, , % RENEWALS % gain or loss 33,527 23, % REF QUESTIONS % gain or loss % REQUESTS % gain or loss 26,217 21, % SUGGESTIONS % gain or loss %

20 ORANGE COUNTY LIBRARY SYSTEM CIRCULATION OCTOBER FY JANUARY FY FY1999 FY 2000 FY2001 FY OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP

21 Change of Library Director s Title to Chief Executive Officer and Library Director Submitted at the request of the Board President I. Problem Statement There should be a change in the Library Director s title in order to reflect the significance of the position in today s corporate world outside and in non-library settings. II. III. Motion Authorize staff to revise the current Library Board of Trustees By-Laws to reflect a new and more current title for the Library Director. Rationale In today s corporate world, the title of Chief Executive Officer is recognized and understood in its meaning as appropriate for the type of duties and responsibilities required of the Orange County Library System s Director. While commonly recognized in its full meaning among library professionals, the term Library Director does not carry that same weight, recognition, or prestige among nonlibrarians. Addition of Chief Executive Officer to the existing title will elevate public recognition of the position.

22 PAGE 1 0F 1 BOARD OF TRUSTEES OF ORANGE COUNTY LIBRARY SYSTEM RESOLUTION RESOLUTION TO CHANGE THE LIBRARY DIRECTOR S TITLE TO CHIEF EXECUTIVE OFFICER AND LIBRARY DIRECTOR Minutes of a regular meeting of the Board of Trustees of the Orange County Library System, Orange County Florida, held in the City of Orlando, on the 21 st day of March at 7:00 pm, prevailing Eastern time. PRESENT: ABSENT: The Board Resolves: 1. To authorize staff to revise the Orange County Library Board By-Laws to change the Director s title from Library Director to Chief Executive Officer and Library Director. 2. All resolutions that conflict with the provisions of this resolution are rescinded. AYES: NAYS: RESOLUTION DECLARED ADOPTED: Secretary Proposed resolution presented to the Orange County Library System Board: 14 February 2002.

23 PAGE 1 0F 1 BOARD OF TRUSTEES OF ORANGE COUNTY LIBRARY SYSTEM RESOLUTION RESOLUTION TO ELECT PRESIDENT OF THE BOARD OF TRUSTEES Minutes of a regular meeting of the Board of Trustees of the Orange County Library System, Orange County Florida, held in the City of Orlando, on the 21 st day of March 2002, at 7:00 pm, prevailing Eastern time. PRESENT: ABSENT: The Board Resolves: 1. To elect to the office of President of the Orange County Library System Board of Trustees as outlined in Article 5 in the Board of Trustees By Laws. 2. All resolutions that conflict with the provisions of this resolution are rescinded. AYES: NAYS: RESOLUTION DECLARED ADOPTED: Secretary Proposed resolution presented to the Orange County Library System Board: 21 March 2002.

24 Corb Sarchet, President Orange County Library Board of Trustees 101 E Central Blvd. Orlando, FL Dear Corb, As you retire from the OCLS Board of Trustees I cannot help but reflect on your substantial contribution to this library. Your tenure, which began when the Library was simply the Orlando Public Library, has supported three directors, significant legislative changes, and substantial growth in both Main Library and branches. Your guidance, commitment to library service, and certainly the time you have devoted to the cause are greatly responsible for the prestigious position OCLS holds within the library world in Florida, if not the nation. As a patron, former employee, and taxpayer may I say Thank you for a job well done. Dorothy Field

25 Creation of position of Trustee Emeritus March 21, 2002 I. PROBLEM STATEMENT There should be an opportunity through the Library Board of Trustees By- Laws to recognize retiring Board members who have provided outstanding service on behalf of the Library. II. III. IV. EXECUTIVE SUMMARY The current By-Laws do not provide for a position of Trustee Emeritus. They should be amended to reflect such. There is no other vehicle to do this. BACKGROUND A review of the By-Laws and prior action taken by the Board do not clearly establish a procedure through which to recognize retiring Board members for service. One way in which to do this is to create the position of Trustee Emeritus to which a retiring Board member might be elected upon retirement after a qualifying number of years of service. OPTIONS The Library has identified two options. Option 1. Make no amendment to the By-Laws. Advantages: Won t need to update the website. Disadvantages: Miss opportunity to recognize members who have provided exemplary service to both the Library and the citizens which it serves. Option 2: Amend the By-Laws to formally create the position of Trustee Emeritus. Advantages: Creates opportunity to take action to recognize Board peers for contributions. Disadvantages: Takes time at the Board meeting V. RATIONALE Option 1 does not provide the opportunity to recognize the hard work of dedicated Board members. Option 2 creates an opportunity to give recognition to those members who have worked so hard to support the Library. VI. RECOMMENDATION Staff recommends accepting Option 2 to provide for the recognition of those Board members. 3/15/02

26 Supporting Document for Resolution Section 7 Presented to Board March 21, 2002 ARTICLE 4 Library Board Section 1. Orange County Library Board of Trustees was created by the voters of the Orange County Library District upon approval of the Orange County Library District Act, at Referendum on September 9, The Board is appointed by the Orange County Library District Governing Board which is composed of the Board of County Commissioners of Orange County, Florida and one member appointed by the City Council of the City of Orlando, Florida. Section 2. The Board has the following powers (from Orange County Library District Act, Section 6) (a) (b) (c) (d) (e) (f) To manage, administer, operate, supervise, and maintain all library facilities, programs and functions for the benefit of the residents of the Orange County Library District. To purchase, lease or otherwise acquire real and personal property, and generally to take all other actions regarding such property as may be necessary iii the prudent management, operation and maintenance of district library services and facilities. However, all property, real or personal, acquired by the Board of Trustees from whatever source or by whatever means shall be deemed to be held in trust for the benefit of the residents of this district for library purposes. If the powers of the Board of Trustees under this Act are ever rescinded or dissolved for whatever reason, all rights, title and interest of the trustees in all property then owned by the trustees shall revert automatically to the Governing Board or its successor to be held in trust for the benefit of the residents of the district for library purposes. To lease, grant, sell or otherwise convey real property upon approval of the Governing Board. To dispose of personal property as necessary in the prudent management, operation and maintenance of the library services and facilities. To employ personnel and to take all other actions consistent with generally accepted employment practices. To retain attorneys, accountants, architects, engineers, and other consultants and professionals.

27 (g) (h) (i) (j) (k) (l) To accept gifts of money or property for the beneficial use of the residents of the district, and to act as trustees with full legal capacity to administer any money or property conveyed to the district in trust by any party, private or public, whether by will, deed or other instrument, or by any court of competent jurisdiction. To contract with any county, city or other public body for the provision of library services within or outside of the district, provided that library services outside the district shall not be subsidized by the, ad valorem revenues of the district. To apply for and accept any grant of money or property from any governmental body or private organization and to enter contracts incidental thereto. To serve as agent for and to enter contracts in behalf of the Governing Board, but only to the extent expressly approved by the Governing Board. To adopt and implement rules regulations, policies, and procedures for the management, operation and maintenance of library services and facilities in tile district, and to set fees, fines and other charges in connection with such operations and services. To contract, to receive and expend money, to sue and be sued, and generally to perform all other acts necessary or incidental to the express powers and duties granted or imposed by this act or by any instrument of trust. Section 3. The Board has the following duties (from Orange County Library District Act, Section 7): (a) (b) (c) (d) Each member of the Board of Trustees before entering upon his duties, shall take and subscribe the oath or affirmation required by the Constitution of the State of Florida. A record of each oath shall be filed with the Department of State and with the Orange County Comptroller. The Board of Trustees shall comply with the budget and audit requirements per applicable sections of the Florida Statutes. The Board of Trustees shall perform fully all duties prescribed by any trust instruments which may from time to time convey property to the trustees from the Governing Board or from other public or private persons or entities, but only to the extent that such trust instruments are not inconsistent with this act. The Board of Trustees shall be bound by all covenants securing any revenue bonds issued from time to time by the Governing Board.

28 Section 4. The Board of Trustees may recognize ex-officio representatives to the Board from affiliated organizations or other government bodies. Section 5. The Board of Trustees may authorize the expenditure of operating funds for the purpose of engaging legal counsel on behalf of the Board of Trustees or individual Trustees in matters pertaining to their official capacity. Section 6. The Board recognizes that regular attendance at scheduled meetings is necessary for the expedient and informed transaction of business. Accordingly the Secretary will maintain attendance records and request the Governing Board remove a trustee if that trustee has not complied with City and County codes regarding attendance at Board meetings, regardless of whether such boards be operating or advisory. The City code shall apply to the City appointed trustee and the County Code to County appointed trustees. Applicable codes are is follows: From City of Orlando, City Codes: Attendance:... If a Board member's absences exceed 25% of the scheduled Board meetings in a Fiscal Year, (Oct. I-Sept. 30), the appointment is terminated. From Orange County, Ordinance #91-21 Attendance: Any advisory board member who is absent from three (3) consecutive meetings or twenty-five percent (25%) of the regular scheduled meetings in a calendar year shall be replaced. Section 7. Retiring Board members may be named by acclamation of the Board to the position of Trustee Emeritus. Emeritus/Emerita Trustees may attend meetings of the Board and act in an advisory capacity but are not entitled to vote.

29 PAGE 1 0F 1 BOARD OF TRUSTEES OF ORANGE COUNTY LIBRARY SYSTEM RESOLUTION RESOLUTION TO CREATE THE POSITION OF TRUSTEE EMERITUS ON THE ORANGE COUNTY LIBRARY SYSTEM BOARD OF TRUSTEES Minutes of a regular meeting of the Board of Trustees of the Orange County Library System, Orange County Florida, held in the City of Orlando, on the 21 st day of March, at 7:00 p.m., prevailing eastern time. PRESENT: ABSENT: The Board Resolves: 1. To amend the By-Laws of the Orange County Library System Board of Trustees, by the creation of Article 4, section 7 to create the position of Trustee Emeritus. Retiring Board members may be named by acclamation of the Board to the position of Trustee Emeritus. Emeritus/Emerita Trustees may attend meetings of the Board and act in an advisory capacity but are not entitled to vote. 2. All resolutions that conflict with the provisions of this resolution are rescinded. AYES: NAYS: RESOLUTION DECLARED ADOPTED: Secretary Proposed resolution presented to the Orange County Library System Board: 21 March 2002

30 PAGE 1 0F 1 BOARD OF TRUSTEES OF ORANGE COUNTY LIBRARY SYSTEM RESOLUTION RESOLUTION TO NAME TO THE POSITION OF TRUSTEE EMERITUS ON THE ORANGE COUNTY LIBRARY SYSTEM BOARD OF TRUSTEES, RETIRING BOARD MEMBER, CORBIN M. SARCHET III. Minutes of a regular meeting of the Board of Trustees of the Orange County Library System, Orange County Florida, held in the City of Orlando, on the 21 st day of March, at 7:00 p.m., prevailing eastern time. PRESENT: ABSENT: The Board Resolves: 1. To name Corbin Sarchet to the position of Trustee Emeritus of the Orange County Library System Board of Trustees in appreciation of his years of service spanning four decades on behalf of the Library and the Citizens of Orange County. 2. All resolutions that conflict with the provisions of this resolution are rescinded. AYES: NAYS: RESOLUTION DECLARED ADOPTED: Secretary Proposed resolution presented to the Orange County Library System Board: 21 March 2002

31 PAGE 1 0F 1 BOARD OF TRUSTEES OF ORANGE COUNTY LIBRARY SYSTEM RESOLUTION RESOLUTION TO ESTABLISH A FRIENDS OF THE LIBRARY BOOK ENDOWMENT IN THE NAME OF CORBIN M. SARCHET III. Minutes of a regular meeting of the Board of Trustees of the Orange County Library System, Orange County Florida, held in the City of Orlando, on the 21 st day of March, at 7:00 p.m., prevailing eastern time. PRESENT: ABSENT: The following resolution was offered by and supported by. The Board Resolves: 1. To authorize the expenditure of $ to establish a Friends of the Library Book Endowment in the name of retiring Trustee, Corbin M. Sarchet III. 2. All resolutions that conflict with the provisions of this resolution are rescinded. AYES: NAYS: RESOLUTION DECLARED ADOPTED: Secretary Proposed resolution presented to the Orange County Library System Board: 21 March 2002

32 Employment Decision Making Protocol Submitted at the request of the Board President I. Problem Statement The responsibilities of the Library Director regarding protocol for employment decision-making need to be outlined; those circumstances warranting Board approval or notification need to be identified. II. III. Motion Approve the decision making protocol outlined in the Employment Decision Matrix and consistent with the By-Laws of the Library Board of Trustees and applicable State and Federal statutes. Rationale The Board and the Library Director need to be clear on what issues will be brought to the Board for its approval and what issues the Board will receive notification of in accordance with the terms of the By-Laws and applicable State and Federal statutes.

33 Employment Decision-Making Protocol I. Purpose The purpose of this protocol is to outline the responsibilities of the Library Director for employment decision-making and to identify those circumstances warranting Board approval or notification. II. Legal and Practical Bases This protocol, which is consistent with current Library practices, is in compliance with the By-Laws of the Orange County Board of Trustees, Fla. Stat (the Sunshine Law ) and Fla. Stat (the Public Records Law ). It is also consistent with statutory requirements (such as the Americans with Disabilities Act) and equitable considerations affecting employee privacy and confidentiality. The By-Laws delegate to the Library Director responsibility to employ, supervise, and terminate employees and to exercise supervisory charge, control, and management responsibility of the Library s facilities and employees. By exercising this delegated authority, the Director -- with the advice of her management team and outside counsel -- can make sensitive personnel-related decisions in a confidential (as opposed to public) setting. Once an employment issue has become a matter of public record, Board notification and, in some circumstances, Board input and approval, is warranted. III. Employment Decision Matrix Nature of Decision/Event Day-to-day personnel decisions, with or without EEO considerations Resolving attorney demand letters and threatened claims (under $45,000) Filing of and Library s response to administrative charges (pre-resolution) Resolution of administrative charges (under $45,000) Actual or imminent filing of state or federal lawsuits Resolving state or federal lawsuits (under $45,000) Resolving state or federal lawsuits (over $45,000) Board Input/Approval No No No Board Notification No No* [* The Director may, in her discretion, choose to notify the Board President orally] No No No* [* The Director may, in her discretion, choose to notify the Board President orally] N/A Yes 1 No Yes 1 Yes N/A 1 In these cases where Board notification (but not approval) of decisions is warranted, the Director retains the discretion to notify each Board member individually.

34 PAGE 1 0F 1 BOARD OF TRUSTEES OF ORANGE COUNTY LIBRARY SYSTEM RESOLUTION RESOLUTION TO APPROVE THE DECISION-MAKING PROTOCOL OUTLINED IN THE EMPLOYMENT DECISION MATRIX AND CONSISTENT WITH THE BY- LAWS OF THE LIBRARY BOARD OF TRUSTEES AND APPLICABLE STATE AND FEDERAL STATUTES. Minutes of a regular meeting of the Board of Trustees of the Orange County Library System, Orange County Florida, held in the City of Orlando, on the 21 ST day of March, 2002, at 7:00 pm, prevailing Eastern time. PRESENT: ABSENT: The Board Resolves: 1. To approve the protocol for employment decisions as outlined in the Employment Decision matrix, which is consistent with the By-Laws of the Library Board of Trustees and applicable State and Federal statutes. 2. All resolutions that conflict with the provisions of this resolution are rescinded. AYES: NAYS: RESOLUTION DECLARED ADOPTED: Secretary

35 February 25, 2002 BY HAND DELIVERY Robert Tessier, Comptroller Orange County Library District East Central Boulevard Orlando, Florida DAVID A. PEARSON (407) Re: GUST Amendments to Defined Benefit Plan Dear Bob: Following up on our recent meetings we have prepared and I am enclosing two originals of the First Amendment to the Library s Defined Benefit Plan. This Amendment makes the changes necessary to formally conform the Plan document with the requirements of the so-called GUST legislation. The Amendment needs to be executed no later than February 28, I am also enclosing a proposed Resolution for the Board of Trustees to approve the adoption of the First Amendment. As I explained in our recent meetings, the enclosed Amendment is required solely to have the Plan document contain the statutory changes which have long since become effective (in some cases as far back as 1994), and which have been applied in operation for years. We had intended to incorporate these changes in the proposed restatement of the Defined Benefit Plan, but because the restatement will not be completed prior to the February 28, 2002 time by which the Plan document must formally reflect the GUST changes, the First Amendment will incorporate the formal changes pending the complete restatement of the Plan. Although the Amendment itself is quite technical, it makes no substantive changes to the benefit formula under the Plan. The following is a brief summary of the various changes made by the Amendment: 1. Section A.1(a) incorporates the family aggregation rules that applied with respect to compensation of certain highly compensated employees prior to January 1, 1997, and specifically eliminates the family aggregation rules for Plan years beginning on and after that date. Under the prior rules, a highly compensated employee of the Library may have been required to share his or her compensation with certain family members that may also have been employed by the Library for purposes of determining the highly compensated employee s with accrued benefit under the Plan. Section A.1(b) formally defines the term Code 415 Compensation, which was previously undefined in the Plan, and thereby incorporates by reference a statutory change that was made effective January 1, That change requires that any pre-tax deferrals made by a participant be added back into the participant s compensation for determining his or her accrued benefit under the Plan. Section A.1(c) makes a technical

36 Robert Tessier, Comptroller February 25, 2002 Page 2 amendment to include any pre-tax deferrals for certain qualified transportation fringes in the definition of compensation in the Plan. 2. Section A.2 incorporates the direct rollover provisions now required to be in the Plan, with specific reference to the prohibition on the rollover of a hardship distribution (which is irrelevant in your Plan design) to another qualified plan or an individual retirement account. Direct rollovers are permitted from your Plan with respect to any cash out of small accrued benefits (with a value of $3,500 or less). Note that the cash out limitation may now be raised to $5,000. However, that is an issue to be addressed in the upcoming restatement of the Plan, inasmuch as increasing the limit would be a substantial change. (We understand that you have not ever had occasion to use the cash out provisions of the Plan.) 3. Section A.3 formally eliminates an aggregate limitation that previously applied to a participant s benefits under both the Defined Contribution and Defined Benefit Plans. 4. Section A.4 incorporates the statutory elimination of one prong (the 100% of compensation limit) of the overall benefit accrual limitation. This has no practical effect inasmuch as the former 100% limitation could never have been exceeded given the 2% times 30 years formula in your Plan. 5. Section A.5 incorporates the revised leased employee provisions into the Plan. This will not directly affect your Plan inasmuch as the Library does not use leased employees. However, this provision does incorporate required statutory language, and provides a definition for leased employees who are excluded from participation in the Plan under Plan Section Section A.6 incorporates a required provision committing the Plan to comply with new Code Section 414(u) regarding certain benefits afforded to military veterans who have reemployment rights with the Library. * * * Please give me a call if you have any questions or comments about the enclosed documents. If not, you should have Corb Sarchet date and sign both originals of the Amendment on behalf of the Library District as President of the Board of Trustees. We would appreciate one of the executed Amendments for our files. The proposed Resolution should be executed by the Board of Trustees at its next meeting Sincerely, Enclosures DAP/mg Orlando: DRAFT 2/25/02 11:53 AM David A. Pearson

37 FIRST AMENDMENT TO DEFINED BENEFIT PENSION PLAN FOR EMPLOYEES OF ORANGE COUNTY LIBRARY DISTRICT Orange County Library District (the ΑDistrict ), hereby amends the Defined Benefit Pension Plan For Employees of Orange County Library District (the ΑPlan ), originally effective July 1, 1952 (as most recently amended and restated in its entirety, effective January 1, 1998), by appending the following Appendix to the Plan, generally effective January 1, 1997, except as otherwise provided: APPENDIX TO DEFINED BENEFIT PENSION PLAN FOR EMPLOYEES OF ORANGE COUNTY LIBRARY DISTRICT Effective January 1, 1997, this Appendix is appended to and made a part of the Plan to incorporate changes required by the Uruguay Round Agreements Act (ΑGATT ), the Uniformed Services Employment and Reemployment Rights Act of 1994 (ΑUSERRA ), the Small Business Job Protection Act of 1996 (ΑSBJPA ), the Taxpayer Relief Act of 1997, the IRS Restructuring and Reform Act of 1998, and the Community Renewal Tax Relief Act of 2000 (ΑCRA ) (the foregoing legislation collectively referred to as ΑGUST ). This Appendix is an integral part of the Plan document: A.1 Definition of Compensation. Notwithstanding anything in this Plan to the contrary, the definition of Compensation in Plan Section 1.7 shall be applied as follows: (a) For Plan Years beginning prior to January 1, 1997, Compensation shall be determined using the family aggregation rules then included in Code Section 401(a)(17) and in former Code Section 414(q)(6). For Plan Years beginning on and after January 1, 1997, Compensation shall be determined without regard to the family aggregation rules previously set forth in Code Sections 401(a)(17) and 414(q)(6). (b) For Plan Years beginning on or after January 1, 1998, for purposes of applying the limits under Code Section 415 as set forth in Plan Section 4.5, the term ΑCode 415 Compensation shall mean compensation determined under Code Section 415 and the Treasury Regulations thereunder, the terms of which specifically are incorporated herein by reference.