11/09/1995 - Packet AGENDA
TIGARD LIBRARY BOARD
THURSDAY, NOVEMBER 9, 1995 - 7:00 P.M.
TIGARD PUBLIC LIBRARY - PUETT ROOM
13125 SW HALL BLVD.
TIGARD, OREGON
City of Tigard
1. CALL TO ORDER
2. ROLL CALL: BECK BUSCH HOKLIN
IRWIN LEWIS MCKAY SCHWAB
3. Approve Minutes of October 1995.
4. Monthly Report for October 1995.
5. Friends of the Library Report.
6. Cooperative Library Advisory Board Report.
7. Operating Levy Update.
8. Addition to Behavior Guidelines.
9. Report from Collection Development Policy Review Committee.
10. Report from Information Display Review Committee.
11. Review "Concerned Citizen Comments" Forms.
12. WWW Workshop.
13. Other Business.
14. Adjournment.
TO ENSURE A QUORUM TO CONDUCT BUSINESS, PLEASE CALL AND LEAVE
A MESSAGE AT THE LIBRARY (684-5886), IF YOU ARE UNABLE TO ATTEND.
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Agenda items for future meetings:
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h Alogin\connie\li b-A
TIGARD LIBRARY BOARD 0
October 12, 1995
MINUTES
Call to Order: 7:00 p.m., by Lonn Hoklin, acting Chair.
Roll Call: Lonn Hoklin, Larry Beck, Nancy Irwin, Chris Lewis, Angus McKay, Jack
Schwab, and new member Shannon Busch. Staff: Kathy Davis.
Director held new member orientation from 6:15 to 7:00 p.m.
Minutes: Beck moved to approve minutes as presented, seconded by Lewis.
Reports: September Monthly Report: The library received several applications for the
position of Library Computer Technician. Supplemental questionnaires were
sent out. Interviews will be held the week of October 30. Director reviewed
statistical portion of report. Indicated circulation statistics were good even
though there weren't any children's programs. Tech. Services has been
very busy adding several items to the collection. Director noted the library
averages 300 new borrowers every month.
Friends of the Library: Treasurer, Susan Mueller, reported they are
continuing with ongoing projects: Solicitation letter, Entertainment Book
sales, and Writer's Conference to be held October 21. The library will be
holding its 1 st Annual Adult Reading Program October 17 through
November 17. Sharon Brunk, Adult Services Librarian, and Paula Walker,
Circulation Manager, will kick-off program with a book night on October 17.
Sue Plaisance, Young Adult Librarian, Gary Lark, Children's Librarian, and
Erik Carter, Reference Librarian will help conduct book talks. Several Tigard
businesses have donated various items for the weekly prizes and the grand
prize consisting of a dinner and a two-night stay at the Oregon Coast.
Director noted the library and City staff will conduct their own separate, but
equal contest at the same time.
CLAB: Review of the two major topics of interest continues: Operating levy
March 1996 and County Capital Construction levy March 1997. Director will
put together a packet of information for Board members in preparation for
questions.
County-Wide Building Levy Update:
All Washington County libraries will be identifying planned use of building
construction levy funds. This information will consist of construction plans,
site, square footage, cost, and function.
Library Building Expansion Options:
Director met with an architect to redesign library floor plans. Board
discussed floor plans. Parking remains a problem and alternative plans are
in the works. When building concept is approved, Director asked for
assistance from the Board to help redesign the entire building. As the
building will be constructed with space to carry the library through to the
year 2015, thoughts were brought up for temporary use of additional space.
Library/ Use Behavior Guidelines:
Director reintroduced draft behavior guidelines after having been reviewed
by library staff. Guidelines outline appropriate behavior when using the
library. Hoklin voiced concern with regard to library staff receiving proper
training to enforce guidelines. Director will explore possibilities of general
training with homeless shelter coordinator. Board reviewed and discussed
enforcement of guidelines. Irwin moved to approve Library Use Behavior
Guidelines, seconded by Lewis. Motion carried unanimously. Guidelines
will be posted at various locations in the library.
"Concerned Citizen Comments":
Concerned Citizen Comment forms were developed for patrons to use with
regard to the collection, safety issues, procedures, etc. The form is then
given to the appropriate staff member for consideration and follow-up.
Some concerns were brought up by the Board on the format of the forms.
Director encouraged Board to edit forms. It was noted, matters are brought
to the Board's attention if the issue is challenged for censorship.
Election of Officers:
Nominations were taken for the positions of Chair and Vice-Chair. Hoklin
moved by acclamation to nominate Irwin for the position of Chair, seconded
by McKay. Beck moved by acclamation to nominate Hoklin for the position
of Vice-Chair, seconded by McKay. Motions carried unanimously.
Other Business:
Director noted at bottom of Board agenda form, additional space has been
given to indicate future meeting agenda items.
Adjournment: Hoklin moved to adjourn meeting at 8:30 p.m., seconded by Schwab.
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: Bill Monahan, City Administrator
FROM: Kathy Davis, Library Director
DATE: November 3, 1995
SUBJECT: Monthly Report, October 1995
• Adult Reading Program: Too Many Books, Too Little Time is the title of TPL's first
reading program focused on adult participation. Adult Librarian, Sharon Brunk,
and Circulation Manager, Paula Walker, worked together to develop and market
this program. The business community donated generously to the cause (see
attached list). T.H.S. is also participating by promoting a writing contest for its
seniors (attached). At this time, there are 145 people registered in the "public"
contest and -45 employees and/or family members signed up for the "separate,
but equal" in-house contest.
• Writers Workshop: Another in the series of workshops organized by the Writers
Resource group was held on Saturday, October 21. Registration for this workshop
was full at 45 participants.
• Termination: The first termination at the library in more than four years occurred
this month. The former employee was given the opportunity to resign, but
declined.
• "Friendly Visitor" Program: Met with WCCLS Outreach Coordinator, Diane Berry,
to discuss a new cooperative program that would provide library service to
homebound Tigard residents. Issues of liability, recruiting, and training are being
worked out and the program is scheduled to begin in early 1996.
• Local History Issues: With deep regrets, TAHPA has decided it has no place in the
negotiations surrounding the Feed Store as they have not been able to gain any
assurance from other parties involved that the building will be preserved in a
meaningful way. As it is the mission of the Historical Society to preserve or
facilitate the preservation of significant Tigard buildings, they felt it would be
inappropriate to remain a player in the current process. Notification of this
decision was sent to the Johnsons and the Chamber of Commerce. The library's
Local History Collection was reviewed and separated into items that will be placed
in the public area, and items (mostly irreplaceable) that will remain in the Director's
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•
office. Dividing the collection allowed space to be made for the in-coming
Computer Specialist who will be "housed" in the Director's office as well.
• Computer Specialist: Five candidates were selected for interviews to be held
November 2.
• WCCLS/CLAS: Using "concept sketches"from HDN Architects, I completed a one
page summary of what Tigard would accomplish with its share of funds raised by
a county-wide capital improvement levy. This summary is due from all WCCLS
members as an indication that the plan for this levy is still moving forward.
• Youth: Young Adult Librarian, Sue Plaisance, was a co-presenter at the Oregon
Educational Media Association Conference, providing information on new YA
literature. The Young Adult Round Table began its 9th year as an advisory group
to the YA librarian for selecting teen materials and designing programs for
teenagers. Children's Librarian, Gary Lark, continued his outreach program to
area churches by speaking to a group at the Tigard LDS church on the value of
reading aloud as a family. Gary and Sue also attended the Kiwanis meeting at
Tigard Town Hall on October 19, to help plan a series of Teen Activity Nights at
T.H.S.
Volunteers:
Volunteer Type Number Hours
Adult 89 957.25
Youth 14 73.75
Adopt-a-Shelf 1 1.00
YART 6 6.00
Library Board 7 10.50
Community Service 3 27.50
21st Century Academy 0 0.00
(CE 2)
Total 120 1,076 = 6.2 FTE
• •
WORK INDICATORS OCTOBER 1995 OCTOBER 1994 OCTOBER 1993
Adult Materials 22,705 22,446 21,763
Juvenile Materials 19.949 18.539 16.87
Total 42,654 40,985 38,637
Days of Service 28.5 28.5 28.5
Average
Daily Circulation 1,497 1,438 1,356
Hours of Service 287 283 279
Materials
Circulated per Hour 149 145 138
Increase in Circulation 4.1% 6.1% 16.1%
Materials
Added/Withdrawn 1,510/1,450 837/327 958/166
Borrowers Registered 345 347 365
Story Time 866 570 397
(Number of Sessions) (22) (16) (15)
Toddler Time 176 171 102
(Number of Sessions) (8) (9) (12)
Special Programs 147 234 114
(Number of Sessions) (4) (4) (4)
Visitors 18,496 16,986 N/A
(Gate Count divided by 2)
Increase in Visitors 8% N/A N/A
Fines/Fees Collected $4,121.49 $3,661.63 $3,474.61
Gifts Received $ 10.25 $146.38 $ 330.25
H ALOG I N\C0 N N I E\KDMTH RPT
Oct 17 - Oct 33 Nov 7 - Nov 17
Prize 1a $20 gift certificate for
Prize Ten free tickets to ACT
Cafe Allegro
III Theatres courtesy
PAZO 2: M.C. Escher's Day & Entertainment Publications,
Dight, a print from Gango Inc.
Gallery
Prize 9: Pamper yourself with a
Oct 24 - Oct 30 manicure from Faye
Tarzaban and a haircut from
Prize 3: Free house cleaning by Barbara Carson at Shears
Maid to Perfection Ahead
Pf2e & An hour's massage by
Mary Malinski, RN, LMT Prime W Indulge yourself with a
European facial from Kim
Oct - ®,� Kuiper at Shears Ahead
PfiXe 52 Book of latte tickets,
GRAND PRIZE: 1
selection of whole bean
coffees from Grounds Coffee 2 eights at the
World, Inc. Spyglass Inn,
Lincoln City, and
PFL20 & The White Rabbit's dinner f0! two
Basket: white chocolate rabbit; at the
Barnes & noble: book light and
#1 bestseller; Cost Plus: $15 Bay House Restaurant
worth of goodies; Baskin
Robbins: certificate for free
sundae Prilmn for 23ae "N3g3at of
19"0 Pages" Courtesy of
Prize 71. Six golf balls and 2 in,owers by Donna,
a balls Powe31's Books and
tickets for free range Cerates
(jumbo bucket) at Double Eagle Dow1ble Eag3e Golf i
Golf Center, Progress Downs
Book CsrtiBaatrs
Of
Friends of the Library &
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uestion Which of Shakespeare's piays'�is summarized below?
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A`CHALLENGET ti n
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s a special part of the Tigard Public Library's Adult_Reading Program, ,.
the members;of the Tygres Heart Shakespeare Company of Portland have agreed to review
and judge sensational summaries of Shakesp`eare's plays submitted to TPL's Adult Reading Program_
And for the PR1M,J. ygres`Heart'has generouslyoffered two free tickets to'a Tygres Heart production
''of the winner s choice .
So, sharpen up your pencils^and dust off your volumes of�Shakespeare Here s our chance to tryyour
, y
hand at drafting a sensational summary of one or several of Shakespeare's 37 plays.'
Submit your summary(ies) m writing to the Tigard Public Library, 13.125 SW Hall Blvd , Tigard, OR
97223. Please remember to include your ha `and phone number on.your entry.-To be'eligible to
win, you`need to be registered fo'r ahe TP L Adult Reading Program Youymay mail your entnes„m, drop
them off at the library's Circulation Desk, or:.gwe them to Sue; Young Adult Services Librarian, or to
Sharon, Adult Services Librarian
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Summanes need to be received at TPL by or before NOVEMBER 13, 1995 The winner will be
announced at the Night of 1;000 Pages`Gala on November 17, 1995.
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Are you up to the challenge? Tygres Heart and
TPL .think`you are.
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T L Send us your'summaries!
"The play's the thing..:'
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Ca;rvq rr�ASS ca,.ci's
Report to the Washington County Board of Commissioners Rrr, f 40
on the Cooperative Library Services
Proposed Three Year Levy Axb sl?�nv, ���
Purpose of Worksession
Cooperative Library Advisory Board (CLAB) members have spent the last year
reviewing county-wide library programs and support services, studying the circulation
reimbursement formula (the primary funding vehicle for public libraries in Washington
County), and determining the amount of money needed to adequately fund both.
CLAB members want an opportunity to share the results with your Board to make
sure there are no major obstacles from the Board's perspective.
The CLAB is seeking conceptual approval of a three year, $.36 per thousand fixed
rate levy to be placed on the ballot for the March 12, 1996 special election. This
represents a $.03 reduction per thousand from the present levy. The proposed levy
would continue to use a circulation reimbursement formula as the primary basis for
distributing funds to public libraries for providing service to all County residents.
Background
The Cooperative Library Services is currently funded with a three-year, $.39 per
thousand fixed rate levy that expires June 30,1996. Approximately 20% of the
annual budget is used to fund county-wide programs and support services for
libraries (Automation, Courier, Outreach, Reference, Youth Services). The other 80%
of the funds are used to contract for the provision of public library service for all
County residents (formerly known as "non-fee access"). Currently eight libraries are
administered by cities, one is administered by a non-profit association, and two
(Banks and West Slope) are administered by the County. By July of 1996, the Banks
Community Library will move into its new building and will shift to city governance.
Also, beginning in July of 1996, Garden Home Community Library (administered by a
non- profit association) will become the twelfth public library in the Cooperative and
will begin to receive funds via the circulation reimbursement formula.
Current Circulation Reimbursement Formula
The current formula pays contractors (cities and a non-profit association) and the
Banks and West Slope Community Libraries for service using the circulation of library
materials as a measure. The reimbursement applies two rates, an average cost
($1.66) and a marginal cost ($1.55). All libraries receive the average rate for the first
30,000 circulations and the marginal rate for all additional circulations. The average
rate was intended to provide a base for small libraries that have fixed costs and do
not realize the economies of scale that come with larger operations. With a combined
total of almost 4 million circulations each year, the marginal rate is the one applied to
most circulation payments. Libraries also receive an annual Reference Materials
Grant of $1,000 to $12,000 to ensure that each facility has at the very least, a
current, basic reference collection (encyclopedia, newspaper, weekly news magazine,
etc.).
The current agreement has a "Make Whole" provision which was designed to address
cities' concerns about receiving less from the Cooperative in reimbursement and
support services than the taxes collected within their city limits. Make Whole is
computed annually by comparing the county-wide library taxes collected within each
city to the value of the support services and circulation reimbursement funds they
receive. If the total of the circulation payment and value of support services equals
less than the taxes collected within a city, that city receives the difference as a
second payment, assuming moneys remain in the circulation reimbursement fund.
Additionally, the City of Wilsonville, which operates a public library as part of the
Clackamas library network, receives a fixed amount ($20,000) as compensation for
the taxes collected in that city from the Cooperative's levy.
Cooperative Library Advisory Board's Recommendation for a New Levy
The CLAB recommends maintaining the county-wide support services and the current
circulation reimbursement formula, but with the following changes:
• A single rate of $1.82 is proposed to be used for all circulation reimbursement.
This rate is computed as the average cost per circulation for all 11 libraries over a
five year period (FY90-91 through FY94-95). Most of the current circulations are
reimbursed at the rate of $1.55 which has been used since FY93-94. The $1.82
rate reflects the increased cost of staff' and materials and would be used through
FY98-99. The use of two rates was dropped because the method used to calculate
marginal rate was not found to be an accurate reflection of added cost related to
economies of scale.
• Open Hours Grants will be added to reward libraries that reach the Oregon Library
Association's standard for Adequacy or Excellence in hours open to the public.
Annual payments would range from $5,250 to $26,000 per library based on the
number of residents being served. This will provide a base for even the smallest
library of$5,250 per year if it is open at least 30 hours a week.
• The Make Whole provision of the current contract would be eliminated after the first
year. Originally developed as an attempt to approach tax equity, it does not take
into account the circulations purchased by the Cooperative for one city's residents
at other libraries in the County and in the region. It assumes that most, if not all, of
those individuals living in a city use that city's library and thus, funds should
remain in or return to that city. Statistics from the automated circulation system
show that residents use libraries throughout the county without regard to where
they pay taxes. Also, since Make Whole does not apply to community libraries,
contractors are not all treated equally. The recommendation to leave Make Whole in
place for the first year of the proposed levy was an effort to assure Cornelius, which
has been struggling to keep its library open, of stable funding for one more year.
• New activities outlined in the Cooperative's five year Plan to improve and enhance
county-wide support services (Automation, Courier, Reference, Youth Services and
Outreach to residents who cannot get to a library) have been included in the
proposed levy at an average annual cost of$434,000. Major service improvements
include: promoting reading with preschoolers by initiating service to day care
facilities, subscribing to additional online electronic databases, providing Sunday
Courier delivery, improving service to residents who do not speak English, and
providing basic service to inmates at the new County jail. Additionally, the central
computer (WILI) would be replaced late in the three-year cycle.
• The City of Wilsonville would receive reimbursement for the taxes collected in that
city from the Cooperative's levy, using a 94% collection rate instead of the flat fee
used currently. The first year payment is expected to be $35,000.
• The tax rate would drop from the current $.39 per thousand to $.36 per thousand
due to a larger than anticipated Ending Fund Balance from the current levy coupled
with an increase in county-wide assessed value.
2
Staff recommendation
Circulation of library materials as a measure of service continues to provide a
reasonable basis for paying contractors. The proposed formula continues to
reimburse contractors, Banks and West Slope for service to all County residents,
wherever residents choose to use libraries in the local area. The proposed library
payments also include new Open Hours Grants which will encourage libraries to be
open more hours each week for more convenient access by county residents. Staff
agrees with the CLAB recommendation.
Cost of Proposed Levy
The CLAB recommends a fixed rate levy of $.36 per thousand assessed valuation.
The rate is estimated to generate an average of $7.9 million for each of three years,
which would be combined with $6.7 million Ending Fund Balance from the current
levy to fund average annual reimbursement to contractors ($8,000,000), county-wide
support programs ($2,186,000), and replacement of the central computer ($600,000).
The Proposed Levy Budget is on page 5 and Cash Flow Projections are on page 6 of
this report.
Assumptions Used to Project Costs
• Annual growth in circulation is projected at 6.7% the first year, 7% the second year
and 7.3% the third year. Annual growth in circulation has been an average of 5.2%
over the last three years, 7.7% over the last five years.
• Annual growth in assessed value is estimated at 9% the first year, 7% the second
year and 5% the third year. Arnual growth in assessed value has been an average
of 12.2% over the last three years.
• County-wide support service costs increase in the second and third years by 4%
over the previous year.
Explanation of significant increase in current IM Ending Fund Balance
Lower than expected payments to contractors for service combined with increased
revenue are the primary reasons for a large Ending Fund Balance. Assessed value
had been estimated to increase 5% annually. However, it increased an average of
12.2%, generating significantly more revenue than had been projected. Circulation,
which had been increasing at an annual rate of 12% over the four years prior to the
current levy, was projected to increase 10% per year. Instead, it slowed to an
average annual increase of 5.2%. This sizable Ending Fund Balance ($6.7 million) will
allow a decrease in the fixed tax rate for the next three years.
Explanation of proposed IM Ending Fund Balance
The CLAB proposes an Ending Fund Balance of $3.2 million in July 1999 to fund
countywide programs and payments to libraries for the first four months of the
following levy. In the event that a future levy was not approved by voters (in 1999),
this would allow the Cooperative to continue countywide library service through
September, when a second chance to seek voter approval would be planned. Failing
a second time, there would be funds for a 30 day wind down of county funded
operations.
3
Proposed Levy Costs
FY96-97 FY97-98 FY98-99
Circulation Reimbursement $7,280,635 $7,791,444 $8,357,664
Reference Materials Grants $42,000 $47,000 $49,000
Open Hours Grants $162,750 $173,250 $183,750
County-wide Support Services $2,089,013 $2,206,251 $2,864,786
all current services/activities $1,647,250 $1,729,513 $1,845,888
all new services/activities $441,763 $476,738 $418,898
replace WILI computer $0 $0 $600,000
Administration
current services/activities $304,832 $320,074 $336,077
bldg. improvements: election costs. $63,000 $53,650 $14,333
Automation
current activities; hardware maintyr 3 $535,075 $561.829 $619,920
new services/activities $103,628 $113,916 $58,699
Courier
current services/activities $105,249 $110,511 $116,037
new services/activities $27,400 $28,770 $30,209
Library Development
current services/activities $2,000 $2,000 $2,000
new services/activities $13,500 $14,175 $14,884
Outreach
current services/activities $272,846 $286,488 $300,813
new services/activities $67,414 $68,565 $71,978
Reference
current services/activities $218,726 $229,662 $241,145
new services/activities $77,882 $81,776 $85,865
Regional Programs
current services/activities $169,800 $178,290 $187,205
new services/activities $4,000 $4,200 $4,410
Youth Services
current services/activities $38,722 $40,658 $42,691
new services/activities $84,939 $111,686 $138,520
Wilsonville Reimbursement $34,871 $36,614 $38,445
TOTAL PROPOSED COSTS $9,609,269 $10,254,559 $11,493,645
10/27/96
4
Projected Cash Flow 40
FY96-97 FY97-98 FY98-99
Assessed Value $23,695,968,661 $25,354,686,467 $26,622,420,791
REVENUE
Beginning Fund Balance $6,753,645 $5,920,694 $4,978,928
Current Taxes (94% collection rate) $8,018,716 $8,580,026 $9,009,027
Delinquent Taxes $390,912 $403,984 $425,832
Interest (4.5% of Beginning Fund Balance) $303,914 $266,431 $224,052
Revenue from Mailing Holds $5,775 $6,353 $6,353
MIX revenue from Clackamas County $38,000 $37,000 $36,000
Children's Svc Improvement Grant $19,000 $19,000 $19,000
Total Revenue $15,529,962 $15,233,487 $14,699,192
EXPENDITURES
Circulation Reimbursement $7,280,635 $7,791,444 $8,357,664
Wilsonville $34,871 $36,614 $38,445
Reference Materials Grants $42,000 $47,000 $49,000
Open Hours Grants - ® library estimates $162,750 $173,250 $183,750
Countywide Programs (current) $1,682,250 $1,729,513 $1,845,888
Countywide Programs (all priorities) $406,763 $476,738 $1,018,897
Total Expenditures $9,609,269 $10,254,559 $11,493,644
$3,205,548 Ending
Balance
Assumptions:
1) Fixed tax rate ($.36/thousand with 94% current collection rate)
2) 9%, 7% & 5% annual increase in county's assessed value over years 1,2, and 3 respectively
3) 6.77%, 7.02% and 7.27% annual increase in circulation over years 1, 2, and 3 respectively
4) reimbursement rate = $1.82/circulation
5) Wilsonville to be reimbursed for 94% of current taxes collected within that city
Computation of delinquent taxes:
delinquent taxes previous current
estimated delinquent year's taxes
to be collected taxes from uncollected
(55% of previous del.) all years
FY95-96 $349,284 $635,062 $424,972
FY96-97 $390,912 $710,750 $414,679
FY97-98 $403,984 $734,517 $443,707
FY98-99 $425,832 $774,240 $465,892
5 9/6/95
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DRAFT
LIBRARY USE GUIDELINES
The Tigard Public Library expects patrons of all ages to exercise social responsibility in
the use of the library. Appropriate behavior ensures that all customers are able to use
the public library for their information, education, and entertainment needs. Please be
considerate of others in your use of this library and observe the following guidelines:
• Treat other patrons and staff with courtesy and respect.
• Quiet conversation, please.
• Supervise children under the age of 10. Set a good example for young patrons.
• Respect other users' privacy.
• Respect furnishings and equipment by using them appropriately.
• Please do not bring food or beverages into the library.
• Use personal audio devices with headphones on low volume.
• Please park bicycles, skateboards, etc., outside.
Library staff members are required to speak to those in need of a reminder of these
guidelines. Our goal is to help everyone have an enjoyable, successful library visit.
Adopted October 12, 1995, by the Tigard Library Board.
In addition to the stated guidelines, persons who violate any Federal and State statute or
local ordinance while on library premises may be excluded from the premises, and/or
have their library privileges temporarily or permanently revoked.
OCT 30 '95 11:00AM O'DONNELL, RAMIS P.1
r /-*
O'DONNELL RAMIS CRE*
CORRIGAN & BACHRACH
ATTORNEYS AX LAW
1721 N.W.Hoyt Street
PottIand,O:agar 97209
TBLBPHONB: (503)22Z44M
FAX(503) 243.2944
!LYASE REPLY TO?037IAM 00101
FACSIMILZ T=3MIS8XQX COVER SHEET
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YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY U8 BYTELEPHONE AND RETURN THE
ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S.POSTAL SERVICE. THANK YOU.
DATE: October 30, 1995 CLIENT NO.: 9002407
TO: Cathy Davit
Tigard Libia=y
FAX #: 684-7297
Phone #: 639-4171
FROM: Anja Mundy
FAX # (503) 243-2944
DESCRIPTION OF DOCUMENT TRANSh TTM: Memorandum regarding trespassing
ordinance with attached documents regarding the same.
J COMMENTS:
�U PAGE(S) TO FOLLOW, EXCLUDING COVER SHEET.
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL THE UNDERSIGNED
AT (503) 222-4402 IlM!IIEDIATELY. THANK YOU.
SIGNED: Anja Mundy
AN ORIGINAL IS BEING MAEL ED: AN ORIGINAL IS AVAH ABLE UPON REQUEST:
OCT 30 195 11:00AM O'DONNELL, RAMIS P.2
ODONN13LL RAMIS CREW •
CORRIGAN & BACHRACH
A=RMS AT LAW
1727 N.W.Hoyt Street
Pofdand.Oregon 97209
TSIBPHONL (503)2224402
FAX(503)243.2944
DATE: October 30, 1995
TO: Cathy Davi City of Tigard
FROM: Anja Mundy, City Attorney's Office
RE: Trespassing Ordinance
Enclosed please find a memorandum dated November 7, 1994 from Ty K. Wyman of this office
to Chief Goodpaster. Attached to the memorandum is a draft trospassing ordinance. As far as
we know, the City never adopted this ordinance, however, please check with Chief Goodpaster
or Bill Monahan as to the status, We would be happy to finalize the ordinance if the City
chooses to adopt it. Please call if you have any questions.
,cm190oKWarie.mel
OCT 30 195 11:01AM O'DONNELL, RAMIS P.3
3
VO'DONNELL RAMIS C';:*
COR,RIGAN & BACHRACH FILE
COPY
ATMANZY3AT LAW
1727 N.W.Hoyt Suca
Ponland, Oregon 97209
TELEPHONE: 003) 2224403
PAX,00) 243.2944
DATE: November 7, 1994
TO: Ron Goodpaster, Chief of Police
FROM: Ty K. Wyman, City Attorney's Office TP�
RE: Individuals Trespassing on City Property
This memorandum discusses issues related to excluding people who
engage in disruptive behavior from city property. I understand
that an immediate problem exists at the library, but that it would
be useful to set up a process for application city-wide.
The authority of the City to trespass specific individuals from
city property comes from ORS 164.245, which makes it unlawful to
remain on premises open to the public when given a "lawful" order
to leave by the "person in charge. " In implementing this ,
authority, we need to define those quoted terms. The statute, ORS
164.205(5) , describes who constitutes a "person in charge. " We
have incorporated this into the ordinance at §7.05. 010(2) . Next,
the person in charge must have authority to order the disruptive
person to leave the premises. since no state law conveys this
authority, I have set it out in the ordinance at §7. 85.025. Then,
if the person fails to leave the premises or returns during the
period of the exclusion, he or she is a criminal trespasser.
The length of the exclusion is determined as follows:
• A staff member can immediately direct someone causing the
disruption to leave the premises. This exclusion lasts until
disposition of a civil infraction complaint against the
person. The City must attempt to cite the person into court
within a reasonable period of time. Thus, it cannot make this
summary exclusion order indefinite by just never issuing a
citation.
• Causing a disruption is made a code violation, thus the person
can be cited into Municipal Court. The ordinance allows the _
judge, in addition to the normal civil penalty, to exclude the
person from those specific premises for up to a year.
As I mentioned in our conversation last week, a problem would arise
if we were to try to trespass someone for an incident which took
OCT 30 '95 11:01AM O'�Nb, RAMIS P.4
O'DONNELL RAMIS CREW
CORRIGAN & BACHRACH
Memo re: Individuals Trespassing on City Property
November 7, 1994
Page 2
place before the ordinance was established. It is a general rule
that you cannot enforce an ex post facto law. I am concerned that,
in restricting library privileges for past acts, we would be doing
just that. Therefore, the draft ordinance which I have put
together would apply only to future disruptive acts.
Should you have any questions or comments on this ordinance, please
feel free to contact me.
cc: Kathy Davis, Librarian
900244lh/GOODPAST.b5%
OCT 30 195 11:02AM O'DONNELL, RAMIS
DRAFT
I
Ir�7h4!
CITY OF TIGARD
ORDINANCE NO.
AN ,ORDINANCE AMENDING TITLE 7 of THE TIGARD MUNICIPAL CODE BY
ADDING CHAPTER 7.85, TRESPASSING, AND DECLARING AN EMERGENCY.
WHEREAS, the Tigard City Council finds that disruptive behavior on '
City property is contrary to the public health, safety and welfare
and hinders the ability of City staff to provide service; and
WHEREAS, the Tigard City Council wishes to grant authority'to City
staff to exclude persons who engage in such disruptive behavior;
and
WHEREAS, the Tigard City Council finds it is in the best interest
of the public peace, health and safety to prohibit those who are
excluded from City property from trespassing thereon; and
WHEREAS, the Tigard City Council finds that the City has
experienced trespass related disturbances and would like to
minimize this type of behavior; and
WHEREAS, the Tigard City Council finds that regulating persons who
use public property would be beneficial to the City of Tigard, now; .
therefore:
THE CITY OF TIGARD ORDAINS AS -FOLLOWS:
SECTION 1: Chapter 7.85 of the Tigard Municipal Code shall read
as follows:
Section x,85.010 Definitions, As used in this
Chapter:
(1) "Enter or remain unlawfully" means:
(a) to enter or remain in or upon premises when the
premises, at the time of such entry or remaining,
are not open to the public or when the entrant is,
not otherwise licensed or privileged to do so; or
(b) to fail to leave premises that are open to the,
public after being lawfully directed to do so by the.
person in charge.
ORDINANCE NO.
Page 1
OCT 30 195 11:02AM O'DON#, RAMIS P.6
w
(2) "Person in charge" means a person, a
representative or employee of the City who has
lawful control of premises by official position.
It includes, but is not limited to, the person, or
holder of a position, designated as the person in
charge by the City.
(3) "Premises" means any building and any real
property, including but not limited to parks,
libraries and offices.
(4) "City property" means all real property and
buildings, including but not limited to those used
in connection with the transaction of public
business, which are owned or leased by the City.
SECTION 2 : fiection 7.85.020 DisruRtive Behavior on City
PrQRRrty. No person may engage in behavior, other ,
than behavior otherwise protected by state law,
which is disruptive to either the public's use and
enjoyment of City property or the ability of City,
officials and employees to carry out City business
thereon.
SECTION 3 : Section 7.85. 025 Summary Exclusion. In addition
to other penalties provided for in this Code, any
person who violates this Chapter may be directed to
leave those premises by the person in charge. This
exclusion shall remain in effect until disposition
of a civil infraction complaint against the person, '
so long as the City attempts to make the citation
within a reasonable period of time. The exclusion'
may last indefinitely where citation is impossible
or is avoided.
SECTION 4: Section 7.85. 030 Penalty. violation of this
chapter is a Class X infraction of the Code. Xn
addition to the penalty described in Chapter 1.16
of the Code, a person found to be in violation of
this chapter may be excluded from the premises on
which the violation occurred for a period of up to
one year.
SECTION 5: Section 7.85, 040 - Trespass. Any person who should
enter or remain unlawfully upon City owned property
ORDINANCE NO.
Page 2
. OCT 30 '95 11:03AM 0' NNELL, RAMIS P.7
shall be subject to citation for criminal trespass
under ORS 164.245.
PASSED: By vote of all members present after being read by
number and title only, this day of ,
1994.
Cathy VXFiratleyo city Recorder
APPROVED: This day of , 1994.
John Schwartz, Mayor
Approved as to form:
City Attorney
Date
1kw1sch%90024Vmq&ss.*0
ORDINANCE NO.
Page 3
0
• Local Plans for inclusion in the
Cooperative Library Services
Capital Construction Program
Library Tigard Public
Contact Kathy L. Davis. Director
1. Briefly describe your plan for construction of a new library or for remodeling of an
existing facility to meet the Oregon Library Association minimum standard of.6 square
feet/person for your library's service population in the year 2015. Please include
information related to location, size, cost, and function if it is available.
• Square footage required for year 2015: 38,836 sq/ft
• TPL current square footage: 12.70
sq/ft
• Size of addition needed: 26,136 sq/ft
We plan to construct an addition of no less than 23,000 sq. ft. on the existing site. Some
concerns about the floodplain and water table may impact our ability to exactly match the
goal of 26,136 sq. ft.
Depending upon year of construction, we have an architects estimate of less than $100 per
sq. ft. on building costs. (Total estimate: $2,613,600)
The addition will include adding a second story within the existing structure plus an attached
three-story "wing."
Because of the size of this addition, the location of internal functions in the existing library
will need to be rethought. Generally speaking, the addition will allow us to add community
meeting space, adequate staff work space, room for a "technology wing" and enhance
space for youth materials and activities. More shelving and public seating will also be
included.
2. When do you plan to construct or remodel the library?
Because TPL is currently at only 47 percent of the OLA recommended "minimum size," we
plan to begin construction as soon as funding is available.
3. Has this plan been approved by your libraryls governing body? YES NO
If not, when is it scheduled for discussion by that group?
Signatures (City Manager/Mayor/Assoc. President)
Title Date
• 0
LIBRARY BOARD Committee Report 11/9/95
We reviewed the guidelines for display items:the C-I-C. the Community
Resource, and Informational Section.
C-1-C Dis iav
The CIC displays opportunities for citizen involvement. Included are
pamphlets for volunteer organizations and non profit organizations.
Information regarding purpose,mission and upcoming free events of local
public interest, meetings and current planned events. We had questions
regarding "non profit' organizations (no changes recommended).
Community Resource Display (no changes recommended)
Informational Display
We had questions regarding entrepreneurial business displays, we didn't
feel they belonged ed with these materials.
Space saving suggestions include:
A list of area churches with contact number be available rather than
individual pamphlets on each church.
Recommend current newspaper and periodicals only, eliminate brochures
"selling something" whether it be a product or philosophy.
Nancy Irwin
Chris Lewis
Washington County
true �k[bMQYeolces
oo�e�a
To: City Council Members, Library Board & Friends Members
�-Cooperative Library Advisory Board Members
From: Lou Ogden, Cooperative Library Advisory Board Chair
Re: "The Library as a Public Forum" - December 7, 1995
Date: November 1, 1995
I would like to invite you to attend a special evening event on
Thursday, December 7th -- The Library as a Public Forum -- at the
Public Services Building Auditorium in Hillsboro.
Local libraries strive to work cooperatively with diverse individuals and
groups in their communities and are more frequently being asked:
Must library bulletin boards, meeting rooms and display areas be
available for use by any members of the community? What kinds of
displays and celebrations are appropriate at Christmas, Easter or
Halloween? At what age does a minor child have the right to privacy of
his/her library reading records?
Mike Simon, a Portland area attorney and speaker for the American
Civil Liberties Union (ACLU), will present information specific to
libraries related to use of the library by staff and members of the
community. His presentation will address library bulletin boards and
displays, holiday celebrations, meeting room use, access to public
records, and children's privacy rights.
Mr. Simon will speak briefly on each of the issues mentioned above
and respond to questions. The presentation will begin at 7:00 PM and
end by 9:00 PM.
I would urge each of you to take advantage of this opportunity to learn
more about the legal aspects of the library's role in your community. If
we as individuals are better informed, our respective groups can make
better decisions related to our local library policies.
Mal PO Bo. 5129, Aloha, OR 97006 • Location: 17880 SW Blanton St., Aloha, OR W (503) 642-1544, F,o� 59 1-0-1.35, TDD# 642-2`24
•
Loceflons
The briefing will be broadcast live fo fhose
locations over Oregon Ed-Net Network 1: '
Portland
Portland 8fafe Universify
Room to be announced
Salem
Stafe Public Services Bldg., 255 Capifol St.
Ed-Net Teleconferencing Center Your
Eugene
Lane Communify College
Room fo be announced
Oregon Cify Libropy
Clackamas Community College
McLoughlin Room M-249
Bend
Central Oregon Community College
Boyle Confer Room 154 A Leadership
The Dallas
Columbia Gorge Community College Briefing
Building One Room 1202
Coos Bay
Southwestern Oregon Community College November 9, 1995
Tiogs Hall Room 501
Ashland n
Southern Oregon 8fafe College a7 P.M. t0 6 P.M.
Room to be announced
Pendlefon Sponsored by:
Blue Mountain Community College
Morrow Hall Room 2 Oregon State Library
Oregon Ed-Net
Powell's Books
The World Wide Now can libraries be a provider of To Affend...
information on the Web, and not
Web..a just a consumer?
• The briefing session is free.
• A year ago, it barely existed.
Who Should Affend... • Advance registration is not
• Now it's being touted as the most required.
revolutionary development in • Library Directors and Staff
information, communications, and Everyone is welcome to come to
business technology since the • Library Trustees one of the nine briefing sites
invention of the telephone. listed in this brochure.
• Local 0overnment Administrators
• How it affects your library and
your community will depend on • Anyone involved in setting future Fop More
you. directions for your library
Infopmatlon...
Briefing Agenda... Contact Ernest Perez at the
The Leadership Oregon State Library, (503)
Briefing will Address 3:00 p.m. Introduction 378-4243, ext. 257.
These Issues... 3:15 What's on the Web
• What is the World Wide Web and 3:45 Providing Information
why does it matter to libraries to Your Community on
and to communities? the Web
• What kinds of information can be 4:00 Doing Business with
found on the Web? Vendors on the Web
• How can the Web be used to 4:15 Web Access Via
share information and resources Oregon Ed-Net
with other libraries?
4:30 Q & A with Web.
• How are libraries likely to Experts
conduct business with vendors 5:00 Wrap-Up
on the Web in the future?