iaa~ os~- is ~ ~/ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT, MADE BY: Dave Nicholson OFFICE: Commissioner, Pct. 4 MEETING DATE: December 27, 2005 TIME PREFERRED: SUBJECT: Consider, discuss and take action on the 2005-2006 Library budget. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 4 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title S, Chapter SS 1 and SS2, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECENED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. County Judge and Commissioners: In an earlier Commissioners' Court meeting we were informed by the Library Director that the proposed cuts in Library spending would make the Librazy ineligible for membership in the State Library System and that the Library would lose grants and services provided by the state agency. We were told that to maintain membership the Library must be funded at a 3-yeaz average level of approximately $780M. Kerr County increased its budget for the Library by $SSM. Now we have learned that there is an exemption to the " 3-yeaz average rule" for librazies that are funded by at least $125M and $13.50 per capita. This formula provides a funding threshold for State Library System membership of $617M. Dave Nicholson Commissioner #4 //~ `/ Memorandum Date: 12/1/05 Ta Paul A. Hofmann, City Manager Cc: Brian Brooks, Interim Assistant City Manager From: Antonio Martinez, Litxary Director ~.~"~ RE: Funding Levels and State Library System Membership On September 2, 2005 I met with Acting City Manager Don Davis and County Commissioner Dave Nicholson. At this meeting Don Davis stated that he would recommend that the City match the County's proposed funding level of $300,000. The $600,000 funding level would have reduced the proposed library budget by $232,000 I informed Don Davis that this funding level would endanger our membership in the State Library System and he requested that I obtain supporting documentation on this. I contacted the Texas State Library and the Alamo Area Library System to request this information. On September 22, 2005 Don Davis received a letter from the Alamo Area Library System listing the services that could be lost if we did not maintain membership. On October 5, 2005 Don Davis received a letter from the Texas State Library detailing the funding requirements for membership. Don Davis forwarded both letters to me and asked me to explain the funding level requirements. I noted that the letter and attached spreadsheet seemed to express contradictory requirements, in particular stating that there was an exemption to the rule for libraries that had at least both $125,000 in local expenditures and $13.50 per capita. I called the Texas State Library to ask specifically if this exemption applied. On the day I called, September 27,2005, I was informed that the person best qualified to answer my question was out on extended medical leave. I was transferred to two other persons to attempt to answer my question. The last person I spoke to said that the exemption would not apply since we had established higher funding levels for several consecutive years. I was told that the required funding level vauld be the three year average of $781,772. On November 21, 2005 Interim Assistant City Manager Brian Brooks questioned the funding level and cited the exemption in the letter from the Texas State Library and asked me to explain the perceived discrepancy of my presentations I called the Texas State Library again and asked specifically for Bell Clarke in the Library Development Division, who has the responsibility for certifying library qualifications for membership. Ms Clarke informed me that the exemption did apply to our library and that the previous information I had received was incorrect. I requested that she respond to my question by e- mail and I forwarded that e-mail to Mr Brooks. In conclusion, I sincerely apologize for the misinformation that I broadcast. My deepest concern is that anyone would think that this was done intentionally to manipulate the funding outcome for the library All I can say is that I tried to provide the best factual information but accept responsibility for an eroneous analysis. 12/1/05 Antonio Martinez From: Bell Clarke [bclarke@tsl.state.tx.us] Seot: Tuesday, November 22, 2005 I :53 PM To: antoniom@kerrville.org Subject: MOE Antonio, I had to find what had been sent to you back in October to figure out the best way to explain this rule. The letter is correct. To retain membership in the State Library System a library must demonstrate maintenance of effort as outlined in 13 TAC 1.79: 51.79 Local Operating Expenditures A public library must demonstrate local effort on an annual basis by maintaining or increasing local operating expenditures or per capita local operating expenditures. Expenditures for the current reporting year shall be compared to the average of local operating expenditures or to the average of per capita local operating expenditures for the three preceding years. Libraries that expend at least $13.50 per' capita and at least $125,000 are exempt from this membership criterion. ... [Adopted September 1, 1977, 2 TexReg 1925; Amended September 1, 1979, 4 TexReg 2675; Amended December 9, 1980, 5 TexReg 9766; Amended July 20, 1987, 12 TexReg 2178; Amended March 25, 2005, 30 TexReg 1765) The report you submit on your local fiscal year 2006 will determine your eligibility for system membership for state fiscal year 2006. Zf your local fiscal year 2006 expenditures are reduced by approximately $232,000 to approximately $600,000 (from city and county funds), and we estimate your population assignment will be about 96,000, then your per capita expenditures would be about 513.09. This is not enough to meet the exemption criteria cited in the rule. In addition, these amounts would not meet the three-year average of your total local operating expenditures or per capita expenditures, and thus would not meet the Maintenance of Effort requirement for system membership. If a library does not meet these criteria, the library loses system membership and the benefits that come with membership (there is an appeals process). The library wou.id continue to receive staff continuing education, consulting, and technical assistance from both the system and the Texas State Library. Assumptions on the population were a little bit high. The Census estimates released f.or 2009 have Kerr County at 95,675. This would mean that to reach the exemption level your library will need to spend at least $125,000 and $13.50 per capita or at least $616,613 (that is 95,675 x $13.50). The Census usually releases estimates about every two years, so to process reports for local fiscal. year 2007 I will probably be using new population figures. It is very important to keep an eye on growth locally because the estimates are generally behind what is actually happening. I hope this helps. Please let me know if you have any further questions. Be11 Bell Clarke 1 Texas State Library Library Development PO Box 12927 Austin TX 78711 and Archives Commission Division 512.963.5966; fax 512.963.8800 or 800.252.9386 bell.clarke@tsl.state.tx.us Don Davis Interim City Manager Cit of Kerrville ~{ECE~VED y soo .)unction Hwy CITY OF KERRVILLE Kerrviue, TX '8028 Ai,1MrlNISTRATION~~, iFii E; ~ v S BY;__K .__ Dear Mr Davis Membershtp n I!-e Texas LI'orary System provides the Butt-Holdswonh Memorial Lrorary with ~ ~ access to programs of vie Texas Slate Library anu Archives Commission, including programs dllCj ~11'Ch1VeS and services of the Alamo Area Library System, the Texshare program (TexShare databases, I the Card Program, the Courser Service), the !oars Star L,branes Grant Id~rea state aid -gran! ~~ OlttIlllSSl011 for the Butt-HOldswonn Memorial Library for SFv20o6 ~s $5,419). and the ability to apply for o!her grants from the agency Lorenzo de 7_avala The Butt-Holdswonh Memorial Library must retain system membership each year to order to Scare Archives and receive these benelils The rules that govern accreditation of public libraries in the State Library Library Building System are 13 TAC 1 71 - 1.85. To retain membership in the State Library System a library must demonstrate maintenance oI effort as oull,ned rn 1 J TAG 17a, P.O. Box 12927 §t 74 Local Operating Expenditures Austin, Texas A public Irbrary must demonstrate local e11cn on an annual bass by maintaining or increasing local operating expendnures or per capita local operating expenditures Expenditures for the 7S7 I 1-227 current reporpng year shall be compared to the average of local operating expenditures or to the average of oer cap,ra local operating expendr,ures for the three preceding years L,Uranes that expend al least S ~ 3 5G per rupee and a, icast 5125 C00 are exempt f loin this memdership 1201 Drazos St, crltenon rr p.~r,~~c hnrarv shall have m~n,mur~ ccal oxpenrl'uures of SS 000 n local hscai years Austin, Texas 2004, 2G~5 ,- 51G 000 ~n local (rscal yews 2007 2008, 2009. 510,300 m local fiscal years 7S~Ol 201 G, 201! 2012, SIG 550 n kcal lisca, years 2013 201 a, 2015 /Adoprec September I, 1977, 2 TexReg 1925, Amended Sep ember t, 1979 a TexReg 2675, Amended December 9, 1980, 5 TexRog 476G~ Amended July 20, 1987, 12 Tex Reg 2178; a~ww.rsl.statc cx.us Amended March 25, 2005, 30 TexReg 7765/ The report you submr, on your local fiscal year 2006 wit! detenn+ne your eligibility for system membership for slate fiscal year 2008, II yo,;r local fisca, year 2006 expenditures are reduced by approximator, 5232 000 ro approximately S6v0 000 (!tom city arse courny funds), ano we estimate your populauon assignment will be aooul 46 000, Ihen your per capita expenditures c~",rnulro» U,:r,~,,,;"' would be about St 3 04 Thrs is not enough to meet tho exempUOn cntena cited in the rule, In S.u,dra) Pickett addition, these amounts would not meet the three year average of your total local operating expenditures or per capita expenditures, and thus would not meet the Maintenance of Effort Afrmber.r regwrement for system membership. Clvis A. 6tisa