FONDULAC DISTRICT LIBRARY

BOARD OF TRUSTEES

MINUTES OF THE REGULAR MEETING

January 25, 2010

 

 

            Members of the Fondulac District Library Board of Trustees met in regular session on Monday, January 25, 2010.  President Hale called the meeting to order at 6:02 p.m. 

 

            On roll call the following members were present:  Mr. Coziahr, Mr. Hale, Mrs. Herring, Mrs. Humphrey, Mr. Johnston, and Mr. Lasswell.  Also present was Ms. Falasz-Peterson, Director.  Jim Lemon, architect from PCM+d, was also in attendance.  Mrs. Cole was absent.

 

M/S/P (Lasswell/Coziahr) to accept the minutes of the November meeting of the Board of Trustees.

 

            In Mrs. Cole’s absence, Mr. Lasswell presented the bills for payment.   

 

            M/S/P (Lasswell/Herring) to accept the Treasurer’s Report and payment of bills subject to audit.

 

            Treasurer’s report:

GENERAL FUND INVESTMENT

12/23/09  Balance                                                                                         724,354.12

12/03/09  Refund                                                                                                    51.00

12/31/09  Interest 185736                                                                                 1,339.08

01/04/10  Aflac payment                                                                                     (229.76)

01/06/10  IDES payment                                                                                        (51.69)

01/07/10  Deposit – Replacement tax                                                            13,548.68

01/07/10  Checks issued – Payroll                                                                 (22,257.64)

01/07/10  Checks issued – Utilities                                                                 (2,267.39)

01/08/10  Deposit – Fines, fees, misc.                                                                 487.80

01/15/10  Deposit – Fines, fees, misc.                                                                 171.58

01/21/10  Checks issued – Payroll                                                                 (23,180.61)

01/21/10  Check issued – AT&T                                                                          (170.11)

01/21/10  Checks issued – NCPERS Group Life Ins.                                              (64.00)

01/22/10  Deposit – Fines, fees, misc.                                                                 471.71

01/25/10  Checks issued – Bills                                                                     (31,464.52)

01/25/10  Balance                                                                                         660,738.25

 

WORKING CASH FUND

12/23/09  Balance                                                                                         254,162.16

12/31/09  Interest 185701                                                                                    433.89

01/25/10  Balance                                                                                         254,596.05

 

RESERVE FUND

12/23/09  Balance                                                                                      2,337,151.69

12/31/09  Interest 185728                                                                                 3,989.81

01/25/10  Balance                                                                                      2,341,141.50

 

ENTERPRISE FUND

12/23/09  Balance                                                                                           36,369.78

12/31/09  Interest 185698                                                                                      61.86

01/22/10  Deposit – Rent                                                                                     250.00

01/25/10  Check issued – Bill                                                                               (28.41)

01/25/10  Balance                                                                                           36,653.23

 

            Mr. Hale moved unfinished business up on the agenda to discuss the PCM+d contract with Jim Lemon.

 

            Mr. Lemon stated that PCM+d replicated the city’s contract for the library.

 

            Mr. Lemon stated that entities in the civic complex will use the same materials and systems, specifically the mechanical system and security system.  The security system will be driven by library use.   PCM+d will design the central plant.  They will get the library’s load needs for mechanical and electrical from PSA.  After the contracts are signed, the intent is to move forward to build what will be the anchor of East Peoria 2010, Fondulac District Library.

           

            The contract that Mr. Lemon distributed to the board includes changes that the city wanted PCM+d to make.  There is no difference between the language of the library’s contract and the language of the city’s signed contract.  Ms. Falasz-Peterson stated that she received comments from the library’s attorney, but the board had not yet reviewed the comments. 

 

            Mr. Hale asked why PSA and PCM+d could not form one contract for the library board to approve.  Mr. Lemon stated that in the development contract with Cullinan Properties and the city of East Peoria, Cullinan Properties would be the developer of the city hall complex.  There are two contracts because PCM+d will do the architecture for the city hall complex, which includes the library, and be the construction manager for the entire development.

 

            Mr. Lemon stated that the library would not be turning any control over to PCM+d, there will be no general contractor on this job.  PCM+d will replace the general contractor as construction manager and they will oversee the drawing process, but will also go out with multiple prime packages.  Mr. Lemon stated that, in short, the library is not paying twice; they are paying for a construction manager instead of a general contractor.  A construction manager works together on the owner’s behalf without the need for change orders. 

             

            Mr. Lemon stated that PSA will review all submittals.  PCM+d is providing the library a cold, dark shell so the civic complex looks like one building.  Mrs. Herring asked if that included shared utilities as far as the types of heating and air systems.  Mr. Lemon stated that it does.  Mr. Coziahr asked if the utilities would be zoned.  Mr. Lemon stated that it depended on what information PCM+d got back from PSA.  There has not been a meeting between the two firm’s mechanical engineers.   Mr. Lemon feels that the intent of the city during this process was to have a written agreement that would state a certain amount the library would pay for utilities, same for the city. 

 

            Mr. Coziahr asked for clarification that there will be bids put out to each of the separate trades.  Mr. Lemon stated that was how it would be done, except that the library and city will hold the contracts with each trade, not PCM+d.  Mr. Coziahr then asked if the library would be able to negotiate terms, such as a “not to exceed” clause, to protect the library.  Mr. Lemon said no.  The use of any contingencies would have to have the owner’s permission.  Mr. Lemon stated that by having separate bids and with the library holding the contracts, it would assure the library they are getting the lowest, quality bid.  He stated that what is bid in public is what the library will get and it is all above board.  Mr. Coziahr asked that if there are monthly draws, would the library have to hire someone, like an architect, to say that the library was being billed for completed work.  Mr. Lemon stated that there would be a site superintendent who would look at the monthly pay requests with the construction manager.  If it’s acceptable, they would send it to the library’s architect, PSA, for a final recommendation on any pay request.

 

            Mr. Lasswell stated that the board had not had the opportunity to look over the information from the attorney regarding the contracts.  He stated that he is not comfortable signing any contracts without review the attorney’s comments. 

 

            Mr. Johnston asked Mr. Lemon if PCM+d has had any recent experience building a cold, dark shell.    Mr. Lemon stated that they build strip malls where some buildings are empty and they have built the anchor.

 

            Mr. Lemon stated that he would like to see our contract with PCM+d generally consistent with what the city has signed. 

 

            Mr. Hale asked what kind of timeline Mr. Lemon was looking at as far as construction of the shell.  Mr. Lemon said they are looking at April/May for bidding phase.  He stated that he is working with the East Peoria Green Team.  The East Peoria Green Team would like to see the building LEED certified.  Mr. Lemon stated that, right now, the goal is to make the building sustainable and green but not go after the accreditation.   Ms. Falasz-Peterson stated that our architect is looking at the LEED certification check list. 

 

            Ms. Falasz-Peterson distributed the comments from the attorney, Brian Mooty.  She reported that it is the attorney’s opinion that there should to be one contract for the board to sign.  The attorney is concerned that there could be discrepancies over who is responsible for certain parts of the building.  The attorney is concerned about the price in the PCM+d contract, as well as the duplication of duties, including construction manager.  Mr. Mooty recommended that the library not approve either contract at this time and have a meeting with everyone to negotiate a joint contract.  Mr. Mooty also stated that if the board doesn’t want to do that, he will go back and review the contracts as submitted.  Mr. Coziahr stated that after reading both contracts, he doesn’t see anything that protects the library as an organization.                                                             

           

            M/S/P (Lasswell/Coziahr) to table approving PCM+d and PSA contracts until issues are resolved to the attorney’s and the board’s satisfaction.

 

            M/S/P (Lasswell/Johnston) to approve the FOIA policy.

 

            Mrs. Herring reported on ALS news.

 

            M/S/P (Johnston/Herring) to adjourn at 6:55 p.m.