County attorney OKs library pact
Sunday, April 19, 2009 12:56 AM PDT
ByKatie Pizza
Argus Observer
Ontario -The intergovernmental agreement between the newly formed Ontario Library District board and the City of Ontario appears to have entered its final stages — after the county’s attorney voiced support for the pact document.
Earlier this month, the Ontario City Council approved a plan where the city will continue to operate the building until July 1. After that, all costs — including maintenance, insurance and employees — will be paid for by the newly formed district. If any large repairs, meaning those that cost more than $1,000, are needed before that date, the district and the city will meet to discuss those costs, with the library paying for those costs. Ontario Mayor Joe Dominick, Ontario City Council members Norm Crume, Ron Verini, John Gaskill and Charlotte Fugate voted in favor of the agreement. Council members David Sullivan and Susann Mills voted against it. After the work session Thursday, neither Mills nor Sullivan chose to comment on their “no” vote.
After July 1, the library then becomes responsible for all expenses.
The city sent the proposed agreement to the library district board. The agreement was the main topic of discussion at a library board meeting Monday, and members of the board asked library district attorney, Bob Butler, for his opinion on the agreement.
Butler said he did not feel comfortable offering advice on provisions detailing the transfer of library employees from the city to the district.
Butler recommended the district ask Malheur County Attorney Stephanie Williams to review the document.
In the agreement, issues such as the prohibition of salary reductions and the city agreeing to pay for all compensatory time are stated as being pursuant to Oregon statues. The city is slated to pay for any sick and vacation time employees currently have, as well as any sick or vacation time gained before July 1.
“It was straightforward,” Williams said in a phone interview Thursday afternoon.
She said the county was selected to review the document because Malheur County is not connected to the contract. She said she reviewed the intergovernmental pact and did not have any issues with it because it cited Oregon statues regarding the transfer of employment.
At the district meeting, Butler also said he believed the city was simply quoting state statutes and promising that both the city and the district would abide by them. At the Ontario City Council work session Thursday afternoon, Ontario City Attorney Larry Sullivan said he contacted Williams for an update on the agreement.
“She’s fine with the language,” he said.
Sullivan said the city and the district are now working toward transferring the library deed to the district — a transfer that will take place July 1. Sullivan said Ontario Mayor Joe Dominick will sign the deed over to the district before July 1, with Sullivan remaining in possession of the deed until that date.
“The formal transfer will not occur until July 1,” Sullivan said.
The city will continue to fund the district until that date, with some exceptions — including any repairs to the building totaling more than $1,000. The city will foot that bill initially, but the district must repay that debt when money becomes available.
In the interim, the city was faced with another funding issue at the work session Thursday. The city’s technology contract with the Ontario 8C School District is up for renewal at the Ontario City Council meeting Monday night.
However, that contract includes the library technology, which will no longer be the city’s responsibility after July 1. Ontario City Manager Henry Lawrence said the city will pay for time a Ontario School District Information Technology representatives spent at the library on an hourly basis, with that coverage no longer funded by the city after July 1.
That rate is listed in the contract as $35.71. This number will be in addition to the $5,834 the city pays the school district for service to city buildings.
Lawrence presented a service list to the council, which shows that library calls for technological service cost the city $4,280 last year, with 120 hours of the 2,080 hours in the city contract used at the library.
If approved, the current city contract with the school district will maintain the current cost of $70,000. Ontario City Council member Norm Crume requested more information about why the $70,000 contract was the same price as last year, if the library district would not be funded by the city after July 1. Lawrence said school district representatives would attend the meeting Monday to explain this total.
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Homer wrote on Apr 19, 2009 7:36 PM: