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HomeMy WebLinkAboutS Dissolution of the Hyconeechee Regional Library System~- i7-~ot~ 5~' Hyconeechee Regional Library System Plan of Dissolution The purpose of this Plan of Dissolution ("Plan") for the Hyconeechee Regional Library System ("Regional Library") is to establish a comprehensive approach to the dissolution of the Regional Library System and the orderly transition of the services and assets of the regional system to Caswell, Orange and Person County. I. Plan Term. This Plan will cover the period from July 1, 2011 through June 30, 2013 and continue in effect so long as there are at least two Parties to the Plan. II. Effective Date of Transfer. Each County will assume all responsibility for their separate independent library systems on July 1, 2012. The Counties shall take the actions provided in this document, or which may otherwise be necessary. or appropriate, to permit the County's assumption of responsibility for their library system on the effective date. III. General Operation. The transition of the Regional Library services to the three counties shall be conducted in a multi-year approach with each library assuming responsibility for library services as follows: A. Fiscal Year 2011-12 Transition to Separate Systems. Each County will work in accordance with the North Carolina General Statutes Chapter 153A, Article 14, and any corresponding implementing regulations, in obtaining status as a separate library system. 2. Regional Library System Board. The Regional Library System Board will continue to meet until June 30, 2012. B. Fiscal Year 2012-13 Provisional System. Each County library shall operate as a separate provisional system within the Regional Library System under the Regional Library System's policies until they have migrated to their own Integrated Library System ("ILS"). 2. Library Advisory Board. By July ls`, 2012 each County wilt have their own library advisory board and operational budget in place for library services. 3. Courier Services. Throughout the Plan Term, each County shall be responsible for assigning employees, on a weekly rotating basis, to perform .the courier services between the three counties. The initial rotation shall be: Hyconeechee Regional Library Sys[em Apri113, ?0// 1. Orange County 2. Person County 3. Caswell County Courier services shall rotate between the three Counties until the end of the Plan Term or until each County has migrated to their own ILS. Each County will use its own vehicle for transportation. ii. Integrated Library System ("ILS") -Polaris System. Orange County. will host the Regional Library System's ILS Polaris server. The Orange County Library System's Administrator will be the administrator of the Polaris System at no charge to Person or Caswell Counties. This is an in-kind service to the Regional Library valued at $11,601: 2: The maintenance fees for the software of the Polaris .System and PC Reservation systems shall be divided between the three Counties' based on their actual use of the systems. 3. Each- County shall begin and complete the migration process from the Regional Library System's shared ILS to an ILS of their choice. Once each County has migrated from the shared ILS, the transfer of materials from one library to another shall be accomplished through the Inter- Library Loan System. iii. Memorandum of Understanding. The Counties will develop a Memorandum of Understanding to continue selected library services for the benefit for all residents. C. Fiscal Year 2013. Each county library shall offer out-of-county library cards to the residents of the other counties at no charge for a period of five years, beginning July 1, 2013 through June 30, 2018. This period may be extended by an additional five years. by written agreement of the Counties. IV. Liabilities and Assets. The Orange County Financial Services Director, acting as the Regional Library's fiscal agent, shall provide a list of all assets and liabilities of the Regional Library to each County as of June 30 of each year during the Plan Term. A. Liabilities. Each County will assume all liabilities of the Regional Library System, to the extent permitted by law including, but not limited to, all liabilities related to the ownership of existing Regional Library System Hyconeechee 2egionalLibrary Sys[em 2 April !3, 201 / Assets which have accrued of which may accrue prior to the effective date of transfer. i. T'he Counties, however, shall retain their individual liability, if any, related to their respective use of the Library System both before and after the Effective Date of Transfer. The assumption of liabilities by each County does not include the assumption of liability for the other Counties indebtedness. for library services or facilities. ii. The Regional System shall pay any and all known remaining debts of the Regional Library System prior to June 30, 2013. iii. The Regional Library shall not incur any additional liabilities that extend beyond the term of this Plan without the written consent of the County Board of Commissioners or their designee. B. Acquire System Assets. In 1991, each County acquired all rights, title and interest in all Regional Library System assets contained within their respective library facilities. The remaining assets of the Regional Library shall be distributed as follows: i. Technological Assets. The ILS server, which as of July 1, 2013 will have a value, following depreciation, of five thousand dollars ($5,000). During the transition, to offset the value of the server, Orange County shall continue to provide IT support to the Polaris System for all three counties as well as provide a system administrator at no charge to Caswell and Person Counties. The in-kind cost of Information Technology support and administrative services are valued at $11,601. 2. At the end of the term of the Plan, the Polaris System shall become the property of Orange County. ii. Vehicle. T'he Regional Library System purchased a Honda Civic Hybrid for $21,815 in 2006. In December 2010, the vehicle sustained damages in an accident, which has reduced the value of the vehicle.. As of the date of this Plan, the value of the vehicle has fully depreciated. During the transition period, the vehicle will remain in Orange County and be used to provide courier service. Orange .County shall continue to pay all expenses Hyconeechee Regional Library System April 13.2011 including, but not limited to, the cost of upkeep, maintenance, and insurance on the vehicle. 2. At the end of the term, the vehicle can be purchased at fair market value June 30, 2013 by any of the Counties. Person and Caswell Counties shall have first right of refusal to the vehicle. The County offering the most money for the vehicle may purchase the vehicle. If no County, -wants to purchase the vehicle the vehicle may be sold and the proceeds distributed as provided below. 3. Any proceeds from the sale of the vehicle shall be divided among the Counties on an equal basis. iii. The Regional Library shall not purchase any additional assets during the transition period. V. Policy. During the term of this Plan the Regional Library shall have the ongoing authority and responsibility to operate and administer the Regional Library System in accordance with all federal and state laws, as well as the policies, rules and procedures of the Regional Library. VI. Compliance with Law. The Counties agrees that the Counties and their officers, and employees shall be required to comply with all federal, state and local laws, regulations and policies that relate to the performance of Regional Library Services during the Plan Term. VII. Regional Library System Budget. Each County shall continue to share cost allocation of the Regional Library during the transition period. The cost shall be allocated as contained in the budget, which is attached as Exhibit 1 and hereby incorporated by reference into this Plan. VIII. Amendments. The Plan may be modified or amended only by written amendments that are approved and signed on behalf of all the Counties. IX. Notices. All notice or other communications required or permitted by this Plan must be in writing, addressed as follows: For Regional Library Services Name Lucinda Munger Address 137 W Margaret Lane Hillsborough, NC 27278 For Caswell County Name Rhonda Griffin Address 161 Main Street East Yanceyville, NC 27379 For Orange County For Person County Hyconeechee Regional Library System 4 Apri! 13, 2011 Name Lucinda Munger Name Christy Bondy Address 137 W Margaret Lane Address 319 S. Main Street Hillsborough, NC 27278 Roxboro, NC 27573 X. No Third Party Beneficiaries. Nothing expressed or implied in this Plan shall give any person other than the Counties any rights to enforce the provision of this Plan. There are no intended third-party beneficiaries of this Plan. XI. Severability. If any provision of this Plan shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Plan. 1N WITNESS WHEREOF; the parties have hereunto signed this Contract in their official capacities on the day and year listed below. HYCONEECHEE REGIONAL LIBRARY SYSTEM ~--- Betsy W 'ngton, Ch it Hyconee ee Region Library System CAS COUNTY r.(Q~ athaniel Hall, Chair Caswell County Board of County Commissioners ORANGE COUNTY l ~', ~~zQ~--1-r'te'` Bernadette Pelissier, Chair Orange County Board of County Commissioners PERSON COUNTY Ji Clayto ,Chair Person County Board of County Commissioners Hyconeechee Regional Library System Apri! 13, 2011 Date oi~ao~~ Date ~~I ~ /ao l I Date 5-~.-~~I Date HYCONEECHEE REGIONAL LIBRARY SYSTEM DISSOLUTION Whereas, tie Hyconeechee Regional Library was incorporated under Chapter SSA of the North Carolina General Statutes on November 8, 1948 to establish and maintain free public libraries in the Counties of Orange, Person and Caswell for the use and the benefits of the general public; and Whereas, in 1992, the Hyconeechee Regional Library Board of Trustees and the governing bodies of Orange, Person and Caswell Counties desired to provide an improved level of public services and established county libraries as departments within each respective county to establish policies and procedures regulating procurement, personnel, accounting, travel, and facility maintenance activities thereby affording each local library the rights and responsibilities of department status within their respective county; and Whereas, the Orange, Person and Caswell Counties entered into a joint contract with the Hyconeechee Regional Library to provide joint services, according to the procedures and provisions of Chapter 160A, Article 20, Part 1 of the North Carolina General Statutes as provided in the North Carolina General Statutes 153A-270; and Whereas, Hyconeechee Regional Library continued to receive and distribute to each County all regional funds from the North Carolina Department of Cultural Resources and other grants and or donations provided to the Regional Library System; and Whereas, in addition the Hyconeechee Regional Library retained the functions of establishing regional policy and priorities related to public library service, programming, collection development, materials selection, grant funds, regional budget approval, and appointment and evaluation of the regional library director, and all other functions not covered or controlled by the Counties; and Whereas, over the years Orange, Person and Caswell Counties have developed into distinct library services areas that require targeted, focused library services based on each county's unique population, which has been substantiated by the 2009 Technology Planning Report commissioned by the Regional Board of Trustees; and Whereas, a recent change in the Administrative Rules and Regulations governing public libraries would require increased costs to the Regional Library System that could be more appropriately absorbed by County Departments; and Whereas, the North Carolina State Librarian met with the County Library Director's and it was recommended that in light of the changes to the Regional Library System that it may be in the best interest of the residents to have three independent library systems; and Whereas, the Hyconeechee Regional Library Board of Trustees now believes that the residents of each county would benefit from three independent library systems that could develop specific policies, procedures, catalog, electronic resource offerings and long range strategic plans that benefit each county's unique populations and allow for greater opportunity to apply for state and federal grants based on each county's individual needs and demographics. NOW THEREFORE, we the Board of Trustees of the Hyconeechee Regional Library, Incorporated pursuant to N.C. Gen. Stat. §SSA-14-02, do hereby vote to dissolve the corporation effective July 1, 2012, conditioned upon the following: 1. That the Counties of Orange, Person and Caswell Board of County Commissioners vote their intent to withdraw from the Hyconeechee Regional Library System on June 30, 2012; and 2. That the Plan of Dissolution (Attachment A) put forward by the Hyconeechee Regional Library Board of Trustees is agreed upon by each County. NOW THEREFORE, we the Board of Trustees of the Hyconeechee Regional Library, Incorporated do agree that~if the above stated conditions are met, after winding up the corporation, we shall deliver to the North Carolina Secretary of State the Articles of Dissolution of the Hyconeechee Regional Library Incorporated pursuant to N.C. Gen. Stat. §SSA-14-04. This the ~~day of I ~, 2011 ~~ C air, Boar f Trustees Hyconeechee Regional Libr Inc. The vote of the Board of Directors of the Hyconeechee Regional Library Board, Incorporated took place on ~~`day of ~L, 2011. S Ayes _~No