TOWN OF MARKHAM PUBLIC LIBRARY

 

Regular Meeting

 

Minutes of Meeting held on Monday, June 28, 2010  7:02 p.m.,

Program Room – Main Level, Markham Village Library – Administration,

6031 Highway 7, Markham

 

Present from the Board:

Ms Cheryl Giblon, Chair

Mr. Justin Hung, Vice Chair

Mr. David Jones

Deputy Mayor Jack Heath (from 6.1)

Ms Ada Leung

Mr. Mahendra Naik

Ms Lan Sum

Councillor John Webster

 

Present from Staff:

 

 

 

 

Mrs. Catherine Biss, CEO and Secretary-Treasurer

Mr. Larry Pogue, Director, Administration & Operational Support

Mrs. Jane Byrnes, Board Secretary

Ms Angela Tse, Acting Branch Manager, Unionville Library

 

Regrets:

 

Mrs. Shamira Madhany

Mr. Edward McDermott

Ms Amanda Turner

Councillor Alex Chiu

Ms Deborah Jestin

 

1.0          AGENDA

 

1.1          Call to Order/Approval of Agenda

 

Moved by:        Mr. Hung

Seconded by:   Ms Sum

 

RESOLVED THAT:   The revised agenda be approved.

 

                        Carried.

 

1.2          Declaration of Conflict of Interest

 

None.

 

1.3          Due Diligence

 

The Chair asked the CEO:  Have the taxes and GST been paid and are we in environmental compliance?  The CEO responded:  To the best of my knowledge and belief.

 

1.4          Delegation (Ownership/Linkages)

 

None.


 

1.5        Chair’s Comments

 

The Chair indicated this meeting was the last one before the summer break.

 

She attended the Senior’s Open House at Unionville Library and remarked how wonderful the event was.  She commended Ms Dunn and the committee which developed the event.  She provided a description of all the activities that took place.

 

The Chair reminded the Members the Citizenship Ceremony will take place at Markham Village Library on Wednesday, May 30.  Deputy Mayor Heath, Councillor Webster and the Chair advised they will be attending.

 

The Honourable Michael Chan toured Markham Village Library on June 18 by invitation of the Board Chair.  The Minister was very engaging and pleased with the many uses of the library.  The Board received a lovely thank you note from the Minister and it was noted the Board will send one in return.  The Chair provided positive library data to the Minister.

 

The Chair recognized the many hours of work that had gone into the nomination committee’s report and thanked the committee.  She noted the CEO will be chairing this portion of the meeting to exclude any conflict of interest by the Chair.

 

A sheet was provided for Members to sign that they have received and will commit to reading the policies on Workplace Harassment and Violence.

 

1.6        In Camera

 

2.0          CONSENT AGENDA

 

The Chair asked Board Members if they wished to pull any items from the Consent Agenda.  There were no requests made.

 

            Moved by:        Ms Sum

            Seconded by:   Councillor Webster

 

            RESOLVED THAT:  The consent agenda be received.

 

AND THAT:  The Consent Agenda comprising of items:

 

2.1

Approval of Consent Agenda

2.2

Minutes of Meeting May 31, 2010

2.3

Communication and Correspondence:

 

2.3.1

Calendar of Events - June

 

2.3.2

“Bargain Book Sale @ Your Library”, Economist and Sun, June 5, 2010

 

2.3.3

Membership to the Library email

 

2.3.4

Mintz:  Teaching the TV generation to cook – May 27, 2010, Toronto Star

 

2.3.5

2009 Minister’s Award for Innovation – C3 Initiative, Resolution of Council Meeting No. 9. Dated May 25, 2010

 

2.3.6

“Nine questions for Heather Reisman”, The Globe & Mail, May 31, 2010

 

2.3.7

“Does this library poster promote storybooks or stereotypes”, The Star, June 17, 2010

 

2.3.8

PSAB Presentation from May Board Meeting

 

2.3.9

“New community centre price tag jumps $5m, Economist and Sun

 

2.3.10

Correspondence from Joely McEwan re Unionville Library area traffic

2.4

Annual Monthly Policy Review:  (The wording of the following policies are reviewed annually by a Member)

 

2.4.1     Governance Process GP-2i Ends Policy Review Procedure – Board - L. Sum

 

2.4.2     Governance Process:  GP-2i Ends policy Review Procedure – Staff – C. Biss

 

Are hereby approved as written and the CEO of the Library is hereby authorized and directed to take such action that may be necessary to give effect to the recommendations as therein contained.

 

Carried.

 

Minutes of Meeting – May 31, 2010

 

Moved by:        Ms Sum

            Seconded by:   Councillor Webster

 

RESOLVED THAT: The Minutes of the Meeting held on May 31, 2010 be approved.

 

Carried.

 

(Agenda Item 4.2 Audit 2009 (Financial Presentation) KPMG LLP was heard at this time.)

 

3.0          CEO’S Report

 

3.1          CEO’S Report – June 2010

 

Moved by:        Councillor Webster

Seconded by:   Mr. Hung

 

Ms Sum queried the reason for the decline of circulation at Angus Glen Library.  The CEO undertook to review and will respond at the next meeting in September.

 

 Ms. Leung queried the parking issue at Unionville Library.  The CEO explained the issue is under investigation and advised that library property is owned by the Town.  Town staff will be reviewing and handling the issue with input from Library Administration. 

 

RESOLVED THAT:  The CEO’s Report be received.

 

Carried.

 

4.0          MONITORING (delegation-ownership linkages)

 

4.1          Compliance list of internal monitoring reports and Discussion Led by Members

 

4.1.1       Executive Limitations:  EL – 2i Community Relations – A. Leung

 

Moved by:        Ms Leung

Seconded by:   Councillor Webster

 

Ms Leung advised she did not receive any questions from the Board.  She reviewed the report and was satisfied with its content.

 

RESOLVED THAT:  The monitoring report Executive Limitations EL- 2i Community Relations  be received.

 

Carried.

.

4.1.2       Executive Limitations:  EL-2j Compensation Benefits – D. Jones

 

Moved by:        Mr. Jones

Seconded by:   Mr. Hung

 

Mr. Jones indicated he did not receive any questions from the Board and was satisfied with the report.

 

RESOLVED THAT:  The monitoring report Executive Limitations EL-2j Compensation Benefits be received.

 

Carried.

 

4.1.3       Executive Limitations EL-2k Communication & Counsel to the Board – L. Sum

 

Moved by:        Ms Sum

Seconded by:   Mr. Naik

 

Ms Sum reviewed the report and was satisfied.  She indicated she did not receive any emails from other Board Members.

 

RESOLVED THAT:  The monitoring report Executive Limitations EL- 2k Communication and Counsel to the Board be received.

 

Carried.

 

4.2          Audit 2009 (Financial Presentation  KPMG LLP)

 

Mr. Pogue introduced Ms Katie Leopold from KPMG LLP. 

 

Ms Leopold explained the audited financial statements of the Library for 2009.  She did not have any concerns with the report and it was assessed as a clean audit.

 

She reviewed and explained the:  Statement of Financial Position, Statement of Operations, Consolidated Statement of Change in Net Financial Assets, Statement of Cash Flow, and Notes to the Financial Statement.

 

Under note #5 the issue of unfunded liability was discussed at great length. It was noted the Library is under the umbrella of the Town.  The issue was whether the Board or the Town was responsible for the unfunded liability of the OMERS pension fund and whether the responsibility should be clarified in the note.  It was finally decided to leave the wording as is. 

 

A few typographical corrections were noted and Ms Leopold advised they would be corrected.

 

Moved by:        Ms Leung

Seconded by    Mr. Naik

 

RESOLVED THAT:  THAT the Audited Financial Statements of the Town of Markham Public Library Board be received;

 

AND THAT:  The Board approve the Audited Financial Statements of the Town of Markham Public Library Board for the fiscal year ended December 31, 2009;

 

AND THAT:   The Board Chair be authorized to sign the approved Audited Ffinancial Statements on behalf of the Board;

 

AND THAT:  The Board authorize Staff to issue the Financial Statements for the fiscal year ended December 31, 2009;

 

AND THAT:  Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

Carried.

 

The Chair commended Ms Leopold and Mr. Pogue for their detailed explanation.

 

4.3          Preliminary Capital Budget 2011

 

Moved by:        Ms Sum           

Seconded by:   Mr. Hung

 

RESOLVED THAT:  That the Board expresses its support for the Library Capital  budget projects going forward in the Town of Markham’s 2011 budget process.

 

Carried.

 

5.0          ENDS

 

5.1          Ends Policy Updated

 

The Chair requested Members to replace this page in their policy binder.

 

6.0          GOVERNANCE

 

6.1          Nominating Committee Report – D. Jestin, D. Jones, T. McDermott

 

The CEO chaired this agenda item.

 

To begin discussion, the CEO requested Mr. Jones to provide a summary of the committee’s survey results and any comments the committee wished to express.  Mr. Jones provided the summary and noted Mr. McDermott’s concerns as well.  Mr. Jones listed the key issues of the survey.  Mr. Jones noted the survey results did not express strong opinions on any of the issues except for the secret balloting of the election.

 

The CEO then requested each Member to provide their input on each of the issues presented.  The issues discussed where:

 

·         Term of the chair – 4 years, 2 years, 1 year

·         Term of Vice Chair – 2 years, 1 year

·         Chair Emeritus

·         Duration of service before a Member can be run for the position of Chair

·         Nominating Committee

·         Self-nomination

·         Proxy voting

 

Pros and cons were debated on each issue. It was noted the Board election process is functioning very well and does not require any change.

 

The role of past chair was interpreted in various ways.  The Members decided to abandon this issue.

 

Moved by:        Mrs. Giblon

Seconded by    Ms Leung

 

RESOLVED THAT:  A nominating committee is not required for electing the Chair and Vice Chair for the Board.

 

Carried.

 

Under discussion were:  Who would run the Annual General Meeting and carry out the election process and who would carry out the election process?  These questions were discussed at length.  It was decided the process of having the CEO preside over the meeting and the CEO and Board Secretary would act as scrutineers over the election remained the same.  The question of who was seeking election was also at issue.  The intention of candidates seeking election should be made known before the Annual General Meeting.

 

Discussion on the length of term for both the Chair and Vice Chair positions were discussed.  The Board decided to make a motion for each position.

 

Moved by:        Ms Sum

Seconded by:   Mr. Naik

 

RESOLVED THAT:  The appointment of Chair be for a two year term.

 

There was discussion regarding a Member having library board experience before running as Chair.

 

Friendly Amendment

 

Ms Sum agreed to the amendment.

                       

Moved by:        Councillor Webster

Seconded by:   Ms Sum

 

RESOLVED THAT:  The election of Chair be for a two year term with a caveat that any incumbent has at least two years previous experience on the Board.

 

Friendly Amendment

 

Councillor Webster agreed to the amendment.

 

Moved by:        Mr. Naik

Seconded by    Councillor Webster       

                       

RESOLVED THAT:  The appointment of Chair be for a two year term with a caveat the candidate must have some MPL Board experience.

 

Carried.

 

Moved by:        Ms Sum

Seconded by:   Ms Leung

 

RESOLVED THAT:  The appointment of Vice Chair be for a one year term with a caveat the candidate having some MPL Board experience.

 

Carried.

 

Moved by:        Mrs. Giblon

Seconded by:   Mr. Jones

 

RESOLVED THAT:  The election process provides for self-nomination for the candidates running for Chair and Vice Chair positions.

 

AND THAT:  A seconder for the Chair and Vice Chair nominations is required.

 

Carried.

 

It was noted that all candidates during the election process will have three minutes to speak prior to voting.

 

Proxy voting was debated.  Concern was raised regarding Members not in attendance at the meeting missing the candidate’s speeches and therefore not being fully informed.   As well they could not participate if a second vote was required.  It was also noted that Members should make a point to attend the elections.

 

6.2          Resignation of Amanda Turner

 

The Chair informed the Board Ms Turner has resigned from the Board.

 

Moved by:        Ms Sum

Seconded by:   Mr. Hung

 

RESOLVED THAT:  The resignation of Amanda Turner be accepted and forwarded to the Town Clerk. 

 

AND THAT:  A letter of appreciation be sent to Amanda Turner.

 

Carried.

 

7.0          OWNERSHIP LINKAGE

 

7.1          SOLS Meeting Report – J. Hung

 

Mr. Hung attended the SOLS Spring Trustee’s Meeting held in Ajax.  The key points of discussion were Board Trustee recruitment and the Library Building Guide. 

 

Ideas for recruitment were posting ads, setting up job fairs, and having booths at town functions.  The Library Building Guide was sent to each of the CEO of the libraries. 

 

The Chair thanked Mr. Hung for attending the SOLS meetings on behalf of the Board.


 

8.0          EDUCATION

 

8.1          Workplace Violence and Workplace Harassment Policies

 

The Chair reiterated the request for Members to please sign the sheet indicating they will read the policies.

 

8.2          Bill C-32 Amendments to the Copyright Act

 

The CEO explained the rationale for the letter to be sent.  There is a concern that private interest groups will start lobbying for more restrictions by using digital locks on material which should normally be available for private users and library use.

 

Moved by:        Ms Sum

Seconded by:   Mr. Hung

 

RESOLVED THAT:  THAT the Markham Public Library Board sends a letter in response to Bill C-32 to the Honourable Tony Clement, Minister of Industry, and to the Honourable James Moore, Minister of Canadian Heritage and Official Languages, with copies to Markham area Members of Parliament.  The letter will acknowledge the importance of the expansion of fair dealing provisions and express concern regarding the digital lock provisions that would prevent users from accessing material for which they have legitimate rights under the fair dealing provisions; and

 

AND THAT:  The letter from the Board be consistent with the position adopted by the Canadian Library Association (CLA) and the library community.

 

Carried.

 

9.0          INCIDENTAL INFORMATION

 

9.1          Delegation over the Summer

 

Moved by:        Mr. Naik

Seconded by:   Mr. Jones

 

RESOLVED THAT:  That responsibility for all Board decisions over the summer be delegated to the Board Chair in consultation with the Vice-Chair.

 

AND THAT: If either the Chair or Vice-Chair cannot be contacted in a reasonable time frame, a designated Board Member will be consulted.

Carried.

 

9.2          Brainstorming Report Follow Up by CEO

 

Moved by:        Deputy Mayor Heath

Seconded by:   Mr. Naik

 

RESOLVED THAT:  The Board lobby the Town for more services to provide the best service the Library can.

 

This matter was discussed at length.

 

Friendly Amendment

 

Deputy Mayor Heath amended his initial motion.

 

Moved by:        Deputy Mayor Heath

Seconded by:   Mr. Jones

 

RESOLVED THAT:  The Board requests staff to carry out additional statistical research in order for the Board to lobby for approximately an extra four hours of library hours.

 

AND THAT:  Staff determines the allocation and appropriate amount of hours to be open.

 

Carried.

 

The Board asked that the report be prepared for the September Board Meeting.

 

10.0        NEW BUSINESS

 

11.0        BOARD EVALUATION

 

11.1      Feedback to the Chair Summary

 

12.0        ADJOURNMENT

 

Moved by Ms Sum that the meeting be adjourned at 10:03 p.m.