Library Board Minutes 9/5/03
Bozeman Public Library Board of Trustees Meeting
Library Director’s Office
Bozeman Public Library
Friday, September  5, 2003
4:00 P.M.


ATTENDANCE
Trustees: Brenda Davis, Chair; Jerry Bancroft; Holly Brown; Bob Gutzman; Al Kesselheim; and Alice Meister, Director.  Guest: Mark Johnson, Resource Technologies Inc.

CALL TO ORDER
The meeting was called to order by Chair Davis at 4:11 p.m.

APPROVAL OF MINUTES
The minutes of the August 20, 2003 Board meeting  were approved as submitted.

ITEMS FOR DISCUSSION: CALA RECOMMENDATION; SALARIES
Johnson reported that 60% of the remediation has been completed, landfill monitoring has been cut back, and there have been no surprises to date.  Regarding the neighboring properties of Empire Building Materials Inc., Lake Glass Inc., and Story Distributing Company, Johnson said that asbestos contamination had been found on their properties as well as in the Wallace Avenue right of way.  Montana Department of Environmental Quality (MDEQ) has not yet sent them notice letters, as they wanted to tie them in with the Controlled Allocation of Liability Act (CALA) letters.  Currently the owners of Story Distributing Company are discussing capping the area of contamination, fencing the property, and using it for storage.  Bancroft said the Library will not be needing that property any longer.  The Library cannot receive any CALA monies until all the other properties are cleaned up.  Johnson estimated there were 500 tons of waste to dispose of with the majority on the Story Distributing property.  He estimated the cost for Story Distributing to be $25,000 to $80,000 and $50,000 to $60,000 for Empire.  To date no one has committed to clean up their properties.  Johnson had met with City Manager Clark Johnson and suggested bringing all the parties to the table to discuss the clean up.  There appears to be no problem with these properties using the landfill for a charge.  City Manager Johnson will be gone until September 22nd; the Trustees questioned whether they could work through the process without his coordination.  None of this will impact Library construction.  November would be the deadline to pull the CALA petition to MDEQ.  Envirocon could work on these properties during the weekend, as the remedition company is still on schedule to finish by October.  There would obviously be a cost savings to do the clean up while Envirocon is still mobilized.  The benefit of CALA would be to allocate each Potential Liable Partner’s (PLP’s) liability, thus simplifying and streamlining the allocation process for future concerns and giving the Library the potential for recovering money.  Staff Attorney Tim Cooper was unsure whether to pursue CALA due to having to wait for the “orphan share.”  Once the CALA process is entered into, it becomes an enforceable action.  The Trustees wanted to know what MDEQ costs would be.  After discussion, the Trustees felt their recommendation to the City Commission at its meeting on Monday, September 8th would be to pursue the CALA process based on what they currently know with the Library putting up its share of money.  The neighboring properties should have a meeting with MDEQ to discuss the clean up; MDEQ should proceed to notice these owners.

EXECUTIVE SESSION RE: DIRECTOR’S PERFORMANCE APPRAISAL
Chair Davis stated that she was closing the meeting to finish the annual performance appraisal of the Library Director pursuant to Section 2-3-203 (3) Montana Code Annotated.  The open meeting was closed at 5:22 p.m.
Chair Davis reconvened the open meeting at 5:37 p.m. The Trustees proceeded to discuss the flood plain concerns, as they want to be certain that there can not be an inhabitable basement for storage and future uses.  Bancroft and Meister had met with City Engineer Rick Hixson about these concerns the previous day.  There will be a meeting with Overland Partners about these concerns on Tuesday, September 9th.  Brown and Meister had met with a potential buyer of the current building; there was discussion whether to sell now or wait in order to get further gains.  The City Commission still needs to give its approval regarding the Library receiving the proceeds.  Brown suggested that next February or March would be the time to sell and that the Trustees will wait until then to use the services of a realtor.

PUBLIC COMMENT
There was none.

ADJOURNMENT
The meeting was adjourned at 6:07 p.m.  The next regular meeting will be Wednesday, September 17th  at 4:00 p.m. in the Library Director’s Office.