Library board gives ‘tentative’ approval to City Council plan
By Katie Pizza
Argus Observer
Tuesday, April 14, 2009 10:17 AM PDT
Ontario — The newly formed Ontario library district board agreed Monday night to tentatively approve an agreement framed by the City Council regarding ownership of the library building.
The green light from the district board hinges on a proposal to send portions of the City Council-sponsored pact dealing with employee matters to Malheur County Attorney Stephanie Williams for further review.
The pact was approved by the City Council last week.
At the meeting Monday night, Bob Butler, attorney for the newly formed library district, said he was unfamiliar with the provisions in the pact dictating the city will pay for any accumulated sick and vacation time the library employees currently have, as well as any sick time accrued before July 1, when the city will transfer ownership of the building to the newly formed district.
Butler said he believed the document cited state statues and promised that the district, as well as the city, would follow those laws.
However, he said his expertise is centered on the real estate side of the discussions and recommended the district speak to Williams for further information.
“All of your municipality issues, I can’t help you,” he said.
Butler said some items previously discussed in negotiations were absent from the intergovernmental agreement — such as a city request to have an appointee on the budget board.
He said he had suggested that the revisionary clause only last 10 years but did not recommend the district meet with the city to lower the current revisionary period.
This 20-year revisionary clause dictates that the building will go back to the city if the district ceases to exist or if the building is no longer used as a library.
“As far as the agreement goes,” Butler said, “You’re getting everything you asked for.”
Ontario Public Library District Board Chair Donnaclaire Blankinship asked for clarification on the revisionary section.
“With this 20-year revision, if, in 15 years, we’ve outgrown the library and the city has grown, and we want to build, would we be able to sell it?” she asked.
Butler said the district would not be able to sell the building in that timeframe.
However, he said the district would be able to talk to the City Council at that time and see if they would lower the revisionary provision.
Another option, he said, would be the district could also operate the current library as a branch library and use another library building elsewhere.
“Part of what’s sticking in the craw is ‘will the library succeed?’ ” he said. “If it lasts for two or three years, it should last into perpetuity.”
He said the city would receive all items in the building as well as the building back if the library district fails, but said he did not believe the city would have any legal requirement to run a library.
“I don’t think that we’ll get a better offer,” Ontario Public Library District member Sharon Jones said.
Blankinship agreed.
“In the interim period, is the roof going to be taken care of, and the backflow?” Ontario Public Library District Board member Audrey Jacobs asked.
“No,” Blankinship said. “The library will be given to us as is.”
At a library district meeting April 1, Ontario Mayor Joe Dominick said the city opted to hold off on replacing the backflow filter because the city still has a year or two before state law mandates it be replaced. In the agreement document, the city mandates that any repairs or capital improvements costing more than $1,000 prior to July 1 will be initially paid for by the city but the library district will refund those costs.
Malheur County/ City of Ontario Library Board member Paul Erlebach said he believed the offer is what the district wanted.
“Essentially, without the reversion,” Blankinship said.
Jones made a motion to accept the intergovernmental agreement with the provision that Williams look at the employee section of the document.
The board unanimously approved the agreement with that stipulation.
“The months of deliberation appear to be over,” Blankinship said.
