HomeMy WebLinkAboutAgenda - 06-21-2011 - 8dORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 21, 2011
Action Age $dad
Item No.
SUBJECT: Resolution Regarding Orange County's FY 2011-12 Funding to Support the
Town of Chapel Hill Library
DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Draft Resolution with Attachment
INFORMATION CONTACT:
Frank Clifton, County Manager, 245-2300
PURPOSE: To consider a Resolution Regarding Orange County's FY 2011-12 Funding to
Support the Town of Chapel Hill Library.
BACKGROUND: The Town of Chapel Hill operates a municipal library system that serves both
residents within the Town limits as well as residents outside the Town corporate limits. Orange
County has contributed funding to the Town to help support the library services provided to all
Library patrons. This arrangement has allowed the residents of unincorporated Orange County
access to all library services at no charge to the user.
In recent years, the Town has voiced an expectation that Orange County significantly increase
its annual funding allocation to the Town to support the use of the Town Library by Orange
County residents living outside the Town's limits. The County has expressed an interest in
entering into a formal, written interlocal agreement with the Town that addresses issues such as
graduated increases in County funding contributions and efforts to achieve interoperability
between the Town and County library systems.
Although extensive discussions have occurred, the Town and County have been unable to
reach agreement on County annual funding contributions, interoperability, and other issues,
leading the Chapel Hill Town Council to consider implementing a library services user fee
effective August 15, 2011 for Orange County patrons living outside Town limits.
At its June 14, 2011 budget work session, the Board discussed the current status of this matter
and directed staff to include a resolution on tonight's agenda outlining the County's plans for FY
2011-12 contributions to the Town for libraries.
FINANCIAL IMPACT: Based on the attached resolution, the County would contribute
approximately $43,500 to the Town for libraries for the period covering July 1, 2011 through
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August 15, 2011. If the Town and County approve and sign an interlocal agreement during FY
2011-12, the County would contribute a total of $342,986 to the Town for libraries during FY
2011-12.
If the Town implements a library services user fee for Orange County patrons living outside
Town limits, the resolution notes that the County may consider establishing a fund to assist
and/or reimburse eligible users required by the Town to pay that fee. The possible costs
associated with this potential fund cannot be determined since any eligibility criteria have not
been developed.
RECOMMENDATION(S): The Manager recommends that the Board review, modify as
necessary, and consider approval of the attached Resolution Regarding Orange County's FY
2011-12 Funding to Support the Town of Chapel Hill Library.
DRAFT R E S- ao ~ ~- 0~7 ~ 3
ORANGE COUNTY BOARD OF COMMISSIONERS
Resolution Regarding Orange County's FY 2011-12 Funding to Support the
Town of Chapel Hill Library
WHEREAS, the Town of Chapel Hill operates a municipal library system that serves both
residents within the Town limits as well as residents outside the Town corporate limits; and
WHEREAS, for many years, and without the benefit of a formal agreement, Orange County
has contributed funding to the Town to help support the library services provided to all Library
patrons; and
WHEREAS, the Town in recent years has voiced an expectation that Orange County
significantly increase its annual funding allocation to the Town to support the use of the Town
Library by Orange County residents living outside the Town's limits; and
WHEREAS, the County in recent years has expressed an interest in entering into a formal,
written interlocal agreement with the Town that addresses issues such as graduated increases
in County funding contributions and efforts to achieve interoperability between the Town and
County library systems; and
WHEREAS, although extensive discussions have occurred, the Town and County have been
unable to reach agreement on County annual funding contributions, interoperability, and other
issues, leading the Chapel Hill Town Council to consider implementing a library services user
fee effective August 15, 2011 for Orange County patrons living outside Town limits;
NOW THEREFORE BE IT RESOLVED that the Orange County Board of County
Commissioners establishes the following:
1) The County will provide total funding in the amount of $342,986 during FY 2011-12 to
the Town to support the library services provided to all Chapel Hill Library patrons upon
the approval and signature by both the Town and County of an interlocal agreement
(similar to the framework of the attached draft agreement);
2) The County will provide apro-rated share of the $342,986 to the Town from July 1,
2011 through August 15, 2011, the date which coincides with the Town's proposed
schedule for implementation of a user fee for library services by Orange County patrons
living outside Town limits; and
3) Should the Town implement a fee on August 15, 2011 or at some later date for use of
Chapel Hill Library services by Orange County patrons living outside Town limits,
Orange County may consider establishing a fund to assist and/or reimburse eligible
users required by the Town to pay that fee.
This the 21St day of June; 2011.
Bernadette Pelissier, Chair
Orange County Board of Commissioners
Attest:
Clerk to the Board of Commissioners
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INTERLOCAL AGREEMENT BY AND BETWEEN ORANGE COUNTY
AND THE TOWN OF CHAPEL HILL REGARDING
FUNDING OF THE CHAPEL HILL MUNICIPAL LIBRARY AND
IMPROVED INTEROPERABILITY OF LIBRARY SYSTEMS
THIS AGREEMENT, made and entered into this day of , 20
between the Town of Chapel Hill, North Carolina, a North Carolina municipal corporation,
of Orange County, North Carolina (hereinafter referred to as the "Town"); and Orange
County, a body politic and political subdivision of the State of North Carolina (hereinafter
referred to as the "County"), for the joint and/or assigned operations and funding
responsibilities of the Chapel Hill Municipal Library .(hereinafter referred to as the
"Municipal Library").
WITNESSETH
WHEREAS, the -County and Town are public bodies, politic and corporate, under
the laws of the State of North Carolina. and are vested with the power and authority to own
and operate libraries for the benefit of the public pursuant to Article 14 of North Carolina
.General Statutes Chapter 153A and are authorized by Article 20 of North Carolina
General Statutes Chapter 160A to .enter into this Interiocal Agreement (hereinafter
referred to as the "Agreement"); and
WHEREAS, the County operates a library system affording services to all residents
of Orange County and the Town operates its Municipal Library for the principal benefit of
Town residents, while also providing library services to_ residents of the County beyond its
corporate limits; and
WHEREAS, the County has historically provided financial- support for the Town's
operation of the Municipal Library by way of an annual contribution, most recently a sum of
approximately $250,000.00 in FY2010-11; and
WHEREAS, the County and Town (hereinafter referred to jointly as the "Parties")
acknowledge that Town residents primarily rely on the Municipal library for library services
and, further, that many residents of the southern portion of the County, outside the Town,
also rely on the'Municipal Library and not the County library system, for library services;
and
WHEREAS, the Municipality has historically provided library services to County
residents outside of the Town's corporate limits at no charge and on the same basis as
such services are provided to Town residents in accordance with N.C General Statute Sec.
153A-264; and
WHEREAS, the Partles_have not previously instituted a formal written agreement to
direct or calculate the County's annual contribution in support of Municipal library
operations; and
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WHEREAS, the Parties recognize the mutual benefit and interest of the Parties
hereto, and to the public generally, in the County's continued contribution to the Municipal.
Library and in the Town's provision of library services to County residents; and
WHEREAS, the Parties wish to continue their longstanding relationship under which
the County provides annual funding to the Town for library services to ensure such
services are available at no charge to County residents; and
WHEREAS, the Parties wish, by entering into this Agreement, to establish the terms
whereby future County funding of the Municipal Library shall. continue and to establish a
mechanism or formula whereby such funding may be appropriately calculated; and
WHEREAS, the Parties wish to explore the opportunities for cooperative inter-
library services and operability, whereby residents of the Town and the County may have
improved access to library resources provided by both Parties:
NOW, THEREFORE, in consideration of the foregoing and on mutual promises and
obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
TERM
a. This Agreement shall commence January 1, 2011 for the 2010-2011 Fiscal
year and shall continue through June 30, 2015-
b. This Agreement may be renewed beyond July 1, 2015 upon written
agreement of the Parties_
2. .COUNTY CONTRIBUTIONS TO LIB°RARY OPERATING EXPENSES
a. The County will-contributed to the Town, for general operating expenses of
the Municipal Library, a base sum_-+n---lhe-amraii+at-of Two Hundred- Fifty
Thousand Dollars ($250,000) far FY 2010 - 2011a~r~~~i}~-,- T;_e~2J0.O00
represents 18°l° of the $1,394.702 operational casfs the Caunty budgeted
for its Main Library. Carrboro Cvbrarv and the Carrboro-McDouale Library
b. The ; County agrees to increase the base sum shall iasFease
by--- for Fiscal year 2011-2012 (subject to budget
constraints) with a goat of increasing funding allocated to the Town Library
as a percentage of what the County_ spends rn the same flsc~.i ,period for
operational costs of the Caunty Library S}'stem -The t,~.~r.sl-ty -~°7_rr~:al.-base
sum contribution to the Town Library -surn--shall increase ~y - - _ - ----
f~-each fiscal year through June 30, 2015 until the County's contribution to
the Town Library equates to 30 % of what the County a-totaispends
annually for operational costs for the County Library System..--payr-neaf-a€ _ _ _ _ _______
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3.
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c. It is the County's intent to increase its contribution to the Town Library bv,
adding 3% of the total annual operational costs of the County Library
sys#em to the sum contributed to the Town each fiscal year. Over the life of
this agreement, doing so would increase the County's contribution to the
Town's Library from its current 18% of total County Library System
operational costs to 30°lo in the fiscal year ending June 30. 2015.
d. If in any fiscal Year the County does not increase its fun_ ding, ofi thr; bounty
Library System by an amount equal to the increase being. rrovided_the
Town Library via this .agreement the amount contributed to the Town
Library will be less. than 3%. If in any fiscal year the County reduces
funding for County Library System operational costs no increase will be
provided the Town Library during that same fiscafyear.
e. It would be the intent of the County to increase its funding of County Library
operational costs at a minimum by an amount equal to the proposed
increase in funding provided the Town Library by the County each fscal
year,
f. At . no time during the term of this agreement would, the CountL's
contribution to the Town Library fall below the base amount of 5250 000
q. Funding for equipment, facility expansion and debt service associated with
facility enhancements of County Libraries are not operational costs and
are excluded in calculation of contributions to be provided the Town Library
by the Count
~h. The Town will remain responsible for the day to day operations of the-
Municipal Library.
INTEROPERABILITY OF LIBRARY SYSTEMS
a. The Parties agree to direct County and Town managers and library staff to
examine methods and :.determine the most appropriate methods of
interoperability between the Orange County Library System and the Town
of Chapel Hilf Library. .
b. Upon staff mutually determining the most appropriate methods for a
transition to interoperability, County and Town management shall make a
recommendation to the governing boards of the County and Town before
November 2012: This recommendation will include a description of costs
and benefits of options considered.
c. Upon adoption of an agreement implementing interoperability, which may
be'adopted by way of Amendment to this Agreement, such interoperability
shall be phased in over an appropriate period of time.
LIBRARY BOARD OF TRUSTEES/ADVISORY BOARD
The Board of County Commissioners shall appoint a county commissioner to
serve as liaison to the Town's Library Board of Trustees. The liaison may attend
Board of Trustees meetings and may make recommendations to the Board of
Trustees.
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5. REVIEW OF AGREEMENT
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a. During the initial five year term this Agreement shall be reviewed by staff of
the Municipal Library and Orange County Library and County and Town
Management each year at-tvya--yeaF-inter-vain beginning no later than
November 2012 ^^~ '^ ~^* +h~ ni h ~~~~ with a report
generated for the Town and County governing boards describing:
i. The cost benefit of the County's funding contribution to the Municipal
Library;
ii. Any difficulties encountered in implementing the terms of this
Agreement;
iii. Verification that funding provided is being utilized as proposed;
iv. Consideration of ways by which the County may offset the demand on
the Municipal Library;
v_ Any other issues that need to be examined.
b. Upon the conclusion of the initial five year term should the Parties elect to
renew this Agreement for an additional year and for additional one year
terms thereafter the Agreement shall be reviewed by staff annually with a
report generated for the Town and County governing boards describing the
same items set out in subsection (aj of this section.
6. AMENDMENTS
This Agreement may be amended by mutual written .consent of the County and
Town.
7. TERMINATION
This Agreement may be terminated by the Parties hereto upon one year
advance written notice by either Party or at any time by mutual written
,:agreement of the Parties.
8. NOTICE
Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt reques#ed to the following:
To the County:
Orange County
County Manager
200 S. Cameron Street
Hillsborough, NC 27278
9. ENTIRE AGREEMENT
To the Town:
Town of Chapel Hill
Town Manager
405 Martin Luther King, Jr. Blvd.
Chapel Hill, NC 27514
This Agreement constitutes the entire Agreement of the parties hereto and is
effective the date first above recorded.
Mayor, Town of Chapel Hill Chair, Board of Orange County
Commissioners
ATTEST:
ATTEST:
Town Clerk
Clerk to the Board