The Regular Meeting of the Board of Directors of the Kanawha County Public Library was held on Monday, April 8, 2013, at 4:00 p.m., in the Ray Room.

The following Board Members were present:

• Mr. M. Albert
• Dr. K. Bailey
• Ms. N. Chilton
• Ms. S. Haden
• Ms. B. Lord
• Ms. C. Morgan
• Ms. J. Pauer
• Ms. S. Poffenbarger
• Ms. A. Russell

KCPL staff members present were Mr. Alan Engelbert, Director; Ms. Linda Miller, Associate Director of Public Services; Ms. Terry Wooten, Marketing and Development Manager; and Ms. Tricia Stringer, Administrative Coordinator.

Mr. M. Albert presided. The Director served as Secretary. The President reported that a quorum was present.

Approval of Minutes. Upon motion duly made, seconded and unanimously carried, the minutes of the February 26, 2013 meeting and the minutes of the March 11, 2013 meeting were approved as distributed to the Board.

Approval of Bills. In accordance with Bylaws and on motion duly made, seconded, and unanimously carried, the payment of General Bills in the amount of $124,612.52 and the Book Bills in the amount of $42,651.30 were approved and transmitted by the Library Director to the Board of Education of the County of Kanawha for payment.

Approval of Bills – Special Funds. The Library Director submitted a list of bills to be paid from Special Funds of $1,961.81 certified and approved in accordance with the Bylaws and on motion duly made, seconded, and unanimously carried, it was ordered that the bills set out on that list be paid.

Approval of Bills – Construction Fund. The Library Director submitted bills to be paid from the Construction Fund in the amount of $680.27 duly certified and approved in accordance with the Bylaws, and on motion duly made, seconded, and unanimously carried, it was ordered that the bills set forth on the list be paid.

Mr. Engelbert gave a report on activities for the month, including:

• Mr. Engelbert has been attending many meetings with Mr. Albert, staff, Legislators, and other community leaders to discuss library funding.

• Employee morale has stayed reasonably positive in the recent months. We have received over 150 suggestions from employees regarding increasing revenues/reducing costs. There has been an increase in inquiries regarding the Employee Assistance Program. While staff turnover has stayed at the normal rate, we already have so many positions deliberately left vacant that additional turnover is creating serious problems in some departments and branches, to the point that it may be necessary to limit open hours on an ad hoc basis in the event of illness or other unpredictable staffing situation, or further turnover.

• The Book Festival Steering Committee met to do a final exploration to determine if there was any way to conduct the Festival in 2013. The Committee concluded it could not be held his year, but all parties hope to revive it once funding issues are positively resolved.

• The Budget process has been halted due to pending funding decisions by the Kanawha County Board of Education. We hope to have a definitive answer on the level of funding for the 2013-2014 fiscal year by the end of the month.

Personnel and Public Service Committee. Dr. Bailey reported that a joint meeting of the Personnel and Public Services Committees took place last week. The Committees discussed various scenarios for personnel and the provision of service to the public but decided to hold any action in abeyance until the funding situation is further defined.

Legislation Update. Mr. Engelbert reported Bills introduced in this legislative session involving public library funding will not be passed. A joint resolution calling for a legislative study of statewide public library funding was passed by the Senate Education Committee and may advance further.

FY 2013-2014 and Ongoing or Potential Funding Scenarios; Resolution. Mr. Engelbert and Mr. Albert have met with Superintendent Duerring multiple times over the past month. These meetings have been cordial and in the spirit of cooperation to find a mutually desirable solution to the funding issues that both KCPL and the school system face in the coming years. Mr. Engelbert developed for these discussions a funding request that is the lowest dollar amount that would allow KCPL to continue operations without closing facilities or other major disruptions for 2013-2014. After FY2013-14, we are encouraging the Board of Education to run an excess levy that includes funding for the Library. If passed, this funding would go into effect July 1, 2014 and continue for a five-year period. Details of this levy have not been worked out. Mr. Albert gave an overview of levy elections in general and shared ideas with the Board regarding this specific levy.

Mr. Albert reviewed the previously distributed resolution for the Board. Upon motion duly made, seconded and carried, the following resolution was approved.

WHEREAS, the West Virginia Supreme Court of Appeals ruled in February 2013 that the Kanawha County Board of Education (the Board of Education) cannot be required to fund public libraries through regular or excess levies under the provisions of Chapter 178 of the Acts of the Legislature, Regular Session, 1957, also known as the "Kanawha Special Act" (the 1957 Act); and

WHEREAS, the library service provided by the Kanawha County Public Library (KCPL) is vital to people of all ages living anywhere in Kanawha County and is a crucial element to the full system of education in Kanawha County; and

WHEREAS, the Board of Education has voted to continue to make payments only through June 30, 2013, to the KCPL at the funding level previously provided by the 1957 Act; and

WHEREAS, it is in the best interests of the Board of Education to preserve and protect the operational integrity and financial solvency of the KCPL by continuing to fund the KCPL in the 2013-2014 fiscal year at a level sufficient to maintain Library services substantially intact, while the KCPL recognizes the funding constraints faced by the Board of Education; and

WHEREAS, it is in the best interests of the KCPL work in cooperation with the Board of Education to identify and implement a lawful mechanism or manner to fund the KCPL on an ongoing, sustainable and predictable basis commencing in the 2014-2015 fiscal year and continuing thereafter; and

WHEREAS, because of the fluid nature, the rapidly changing circumstances and the emergency nature of the situation involved in attempting to arrive at an acceptable funding scenario for the KCPL, the Board of the KCPL believes that it is in the best interests of the KCPL to vest authority and discretion in the President of the Board and the Director of the KCPL to enter into a funding arrangement with the Board of Education;

NOW, THEREFORE BE IT,

RESOLVED, that the President of the Board of the KCPL and the Director of the KCPL be, and they hereby are, authorized and empowered to negotiate, execute and deliver, for and on behalf of the KCPL a funding commitment and agreement with the Board of Education to (i) provide funding for and maintain essential library services during the remainder of fiscal year 2012-2013; (ii) to provide some adequate level of funding for the 2013-2014 fiscal year; and (iii) to consider some further funding commitment in the form of a levy election or other scenario that would provide sustainable and predictable funding for the KCPL for a term of years; and be it further

RESOLVED, that the President of the Board and the Director are also authorized and empowered to execute and deliver such instruments and documents and take such steps and actions as shall be necessary or advisable to effect and consummate the transactions contemplated by these resolutions, provided, however, that the Board of Directors of the KCPL reserves the right to make any final decision with respect to any commitment by the KCPL to participate in a levy election with the Board of Education

Other. Mr. Albert recapped the recent meetings of the Board of Education and the Kanawha County Commission. The Board of Education has agreed to continue full funding until the end of the current fiscal year. They are willing to work with KCPL in order to provide funding at some level for the next fiscal year and seem to be supportive of running a levy election. The County Commission would also support running a levy for library funding.

Ms. Morgan reminded the Board that the Basket Auction will be held on Saturday, April 20th. There has been great support for this event throughout the community. All Board members are encouraged to attend and bring some friends.

None.

There being no further business the meeting was adjourned.