HomeMy WebLinkAboutAgenda - 12-13-2011 - 8bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 13, 2011
Action Agenda
Item No.
SUBJECT: Interlocal Agreement Regarding Funding of the Chapel Hill Municipal Library
and Improved Interoperability of Library Systems
DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1. Draft -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
2. 6/21/11 Board Approved Resolution
Regarding Orange County's FY
2011-12 Funding to Support the
Town of Chapel Hill Library Approved
6/21/11
3. 11/17/11 Letter from Chapel Hill
Mayor Mark Kleinschmidt
INFORMATION CONTACT:
Frank Clifton, County Manager, 245-2300
Michael Talbert, Assistant County
Manager, 245-2308
Lucinda Munger, Library Director,
245-2528
PURPOSE: To consider an 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.
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 Chapel Hill 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,
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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 21, 2011 meeting, the Board of Commissioners discussed the current status of this
matter and approved a Resolution Regarding Orange County's FY 2011-12 support the Town of
Chapel Hill Library (Attachment 2).
The resolution states; "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." The Town of Chapel Hill did not implement a library services uses fee.
The revised Interlocal Agreement (Attachment 1) reflects both funding changes that occurred
during the Board's budget deliberations on June 21, 2011 and language changes that reflect
the enhancements to the agreement by Town of Chapel Hill Council Members and Orange
County Commissioners. The Chapel Hill Town Council is scheduled to discuss the Interlocal
Agreement at its regular meeting scheduled for January 9, 2012.
FINANCIAL IMPACT: It is the intent of the County to increase its funding of County Library
operational costs by 3%, an amount equal to the proposed increase in funding provided to the
Town Library by the County each fiscal year. 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, or 21% of the County Library operating costs. It is the
County intent to increase its annual contribution to the Town Library by 3% each year, until the
County's contribution reaches 30% of the County Library operating costs by June 30, 2015
RECOMMENDATION(S): The Manager recommends the Board consider an 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, and if an
Agreement is approved, authorize the Chair to sign it.
~-~f 1_
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 Interlocal 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 Orange County is committed to building and maintaining a robust
county library system for all County residents and to supporting library services at the
highest level feasible within its fiscal constraints; 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
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1~~E-~~~-~-ra~ C~u~~-y-i~-cor~~a~e~-te-b-u-i4d~~~~-r~ai~a~~~-a-~4~~~
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h_iq.#~.e.~;.t_..{.eve..l--feasibie....~~itl~ir~-its-_fi..sc.a.i....can~trai~f~.-an~i ~_
WHEREAS, the ~~-~n-i~iii~y-Town 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 Parties have not previously instituted a formal written agreement
to direct or calculate the County's annual contribution in support of Municipal library
operations; and
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 t~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:
1. TERM
a. This Agreement shall commence January 1, 2012- for the remainder of
the 2011-2012- Fiscal year and shall continue each fiscal year
thereafter through June 30, 2015.
b. This Agreement may be renewed beyond July 1, 2015 upon written
agreement of the Parties.
2. COUNTY CONTRIBUTIONS TO LIBRARY OPERATING EXPENSES
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a. The County contributed to the Town, for general operating expenses of
the Municipal Library, a base sum of Three we Hundred F-o~rtS,~Forty-two
+fty-Thousand Nine Hundred Eighty-Six Dollars ($342,9862-5~~GC~Q) for
FY 2011 - 2012-. The base sum ~ represents 21-x%
of the total ~-1~~3,26~3sJ4~8~-operational costs ($1,633,269) the
County budgeted for its Main Library, Carrboro Cybrary and the
Carrboro-McDougle Library for the same fiscal year.
b. Beginning in Fiscal Year 2011-2012, it is the intent that the County's
annual base sum contribution to the Town Library will increase, subject
to budget constraints, each fiscal year through June 30, 2015 until the
County's contribution to the Town Library equates to 30 % of what the
County spends annually for operational costs for the County Library
System. Tho (`^~ ~nfi~ rsnr~ }~~~,~~~~~hL~~ ~m f~~i~~l~+~~~
fi inrlinir ~+II^n~+t~-~-ti-tt.. Tni~in I ihr~nr no n nornnn}.,^o of i,~rh~} }ho
c. It is the County's intent to increase its contribution to the Town Library by
adding 3_1--% each fiscal year to the base sum ^{ }"° }^}~' ^^n' ~^'
eper-~t~e+~-a,l-sash-^~t#e-f-;=ibra~-s~sze~-te~e~,-currently
contributed to the Town.-~~~~k~#isca~-}ear. Over the life of this agreement,
doing so would increase the County's contribution to the Town's Library
from its current 218% of total County Library System operational costs
to 30% in the fiscal year ending June 30, 2015. Additional extensions of
the agreement could result in additional County contributions.
d--1t would be the intent of the County to increase its funding of County
Library operational costs by an amount proportional~e~t-ual to the
proposed increase in funding provided to the Town Library by the County
each fiscal year.
e-lf in any fiscal year the County does not increase its funding to of the
County Library System by an amount equal to the increase being
provided 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 fiscal year.
1} ~~inr flrl ho }h n} $ }(-,o i ~n}~~ } inn i}o fi enrlinn of C`nt t
d . ~~o,~~~~e--i~~te„~-e,-R-r~C e~-~e-~,-,-~-reas e , ,
-i~^~a~
e. At no time during the. term of this agreement would the County's
contribution to the Town Library fall below the initial base sum amount
provided in this Agreement.
f. Funding for equipment, facility expansion and_ -debt service associated
with facility enhancements of County Libraries are not- operational costs
and will not t-a be included in calculations of contributions to be provided
to the Town Library by the County.
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g. The Town will remain responsible for the day to day operations of the
Municipal Library.
3. 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 Hill 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.
4. 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.
5. REVIEW OF AGREEMENT
a. During the initial three year term= this Agreement shall be reviewed
by staff of the Municipal Library and Orange County Library and County
and Town Management, ,-in consultation with a representative group of
elected officials, each year beginning no later than "'"'^~~October
15, 2012 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.
tea-reee~t~-ism ree+~ ~ ~ n .~~~;+~^.,~~ e~~d--#er~an;a~-ewe
yea-~°~;,;=s }~r~affe~Tthe 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 (a) of this section.
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6.
7.
8.
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AMENDMENTS
This Agreement may be amended by mutual written consent of the County
and Town.
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.
NOTICE
Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
To the County:
Orange County
County Manager
200 S. Cameron Street
Hillsborough, NC 27278
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
ATTEST:
Town Clerk
Chair, Board of Orange County
Commissioners
ATTEST:
Clerk to the Board
~--- A~ a
>i~s-zox-i-ono
ORQiRi-GE COI~NTY BOARD OF COM.MtSSIONERS
Resofutio-n Regarding Orange-County's FY 2017-1-2 Funding to support tfie
Town of Chapel Hilr Library
WH-EREAS, the. Town- of Chapel Hi(I operates a municipal libr-ary system that serves bo#~.
~resicients within the Town limi#s as-well as residents ootside the Town corporate limits; and
1N~HEREAS, for many years, and without the benefit of a f~orrnal 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 expects#ion that Orange County
significantly increase its annual fundi-ng allocation to the Town to support the use of-the Town
Library by Orange County residents living outside~the Town's [imits; and
WHEREAS, the County in recent .years -has expressed an interest ire -entering -into a formal,
written interlc~l agreement with-the Town that addresses issues such as graduated increases
in -County funding contEibutions and efforts to achieve interoperab+iify between the Town and
County library systems; and .
WHEREASr although extensive discussions have occurred, the Town-.and County have been
unable to reach agreement-on County anrr~ual funding confifibutior~s, interoperability, and othef
iss~:~es, leading the Chapel Hill Town Ct~uncil to -consider implementir~ a library services user
fee effective August 15, 2x.11 for Orange County patrons living outside Town limits;
NOW THEREFORE BE IT RESOLVED that the Orange County Board of County
Commissioners-establishes ttie following:
1) Tfae County will provide total'Funding_ in the amount of $342,986 during .FY X011-12-to
the Town to support the fibrarysenrices provided.to a[f Chapel Hill Libra~rypatrons upon
the approval and signature ~by both the Town and County of 'an interlocai° agreement
(similarfo the framework of.the attached draft agreement);
2) The, County will provide apro-rated share of the $342,986 to the Town from July 1,
2011 through the date which coincides with the Town's proposed. schedule for
implementation of -a user flee for library services by Orange County patr_or~s living
outside Town limits; and
3) Should. the Town implement a fee at some later date for use. of Chapel Hill Library
services by Orange County patrons living outside Town limi#s, Orange County may
consider establishing a. fund to assist and/or reimburse eligible users required by the
Town to pay that fee.
This the 21~ day of June, 201'[. ~~ ~ ~ .
Bemadett8 Pelissier, Chair '
Orange County Board of Com-missioners
Attest:
Clerk to the Board of Commissioners -
A-l~~- 3
1pW N OF
~.
_`
p'yAPEL ~~~~
OFFICE CFF M,i~YOR KI:BINSCHMIDT
Town of Ghapd Hli
4Q5 IYlartin Luther Kiag,jr. Blvd:
Gh~pelI'iill;.N.C 27514
pb~~ (919j 96.&2"714 fax {919)- 969-2D63
wtvaq; townofchapeIIuli:og
November 17, 2011
Chair Pelissier & Commissions
The Orange County Board of Commissioners
20.0 South Cameron. Street
p.0. Box 81:81
I3illsborough NC, 27278
Orange County Board. of Commissioners:
As yon know, the joint-committee members were unable to schedule a meeting this fall
until November 17. Unfortunately, due to the short time horizon between now and cur last
business meeting of the year --November 21, the: Chapel Hill Town Council will not be able to
approve a library agreement before the end of the year. Consideration of the agreementwill be
on the .agenda at our January 9, 2012 meeting. I understand that the county .has made two
quarterly payments for the current fiscal.. year on the basis of animal payment of .$:342,000 as
proposed by the county in June and that if an agreement is approved on January 9, the other
quarterly payment will be-made.
Thank you for your patience.
Mar einschmicit
Mayor
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