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1959-07-06 City of Beverly, Massachusetts Public Meeting Minutes Board: Library Trustees Subcommittee: Date: 07/06/1959 Place: Beverly Public Library Board members present: Russell P. Brown, Saul J. Cagan, Dorothy C. Cook, Frank P. Hyde, Bruce Lancaster, Frederick H. Pierce, Carolyn F. StandIcy, and Thomas J. Toomey Board members absent: Louisa V. Conrad Others present: Recorder: Marion A. Brown Monday, July 6, 1959 4 P.M. at the Library A Special Meeting was called on the above date to determine some way to obtain money from certain Trust Funds to purchase a Bookmobile. It was VOTED: TO purchase a Bookmobile from Trust Funds. PRESENT at this meeting were Mrs. Cook, Miss StandIcy, Mr. Hyde, Mr. Pierce, Mr. Tooracy, Mr. Brown, Mr. Lancaster, Mr. C, agan. lVlrs. Conrad was away. There was discussion of the availability of money from the Sarah Whitmarsh fund and the Ray Fund. Mr. Cagan has talked with the City Solicitor and the following resolution was VOTED:: "Resolved that the City Solicitor be requested to furnish to the Board of Trustees of the Beverly Public Lib~ an opinion in writing as to whether or not the principal of the fund now in the custody and control of the Board of Commissioners of Trust Funds and referred to as the Sarah L. Whitmarsh Fund, is subject to be used by or on order of the Board of Trustees of the Beverly Public Library for any library purpose." Sent to the City Solicitor July 7. 1959. If the City Solicitor answers affirmatively the question put to him in the preceding resolution to wit "Resolved that the City Solicitor be requested to furnish to the Board of Trustees of the Beverly Public Library an opinion in writing as to whether or not the principal of the fund now in the custody and control of the Board of Commissioners of Trust Funds and referred to as the Sarah L. Whitmarsh Fund, is subject to be used by or on order of the Board of Trustees of the Beverly Public Library for any library purpose." that the Board of Trustees proceed to advertise for bids for the purchase of a bookmobile according to the following Specifications:: SO VOTED Adjourned 5:15 Bookmobile Specifications 4 cylinder engine with adjustable overhead tappetts 4 speed transmission-gear shift control on steering post 12 volt electrical system with charge at idle generator heater and defroster dual electric windshield wipers dual side mirrors self canceling directional signals 2 inside dome lights undercoating of complete unit spare tire and wheel dual rear doors - 38" opening, with windows sliding side doors leaf type springs front and rear shock absorbers ddver's seat only Inside measurements: not less than 93" from driver's seat to rear door; not less than 70" wide in front of rear wheels, and not less than 49" wide at rear wheels and not less than 72" high. Must be so-called walk-in type ofhody Color--medium green (Notice of Special Meeting of Board of Trustees July 6 1959 4 o'clock At Library.(Sent to City Hall July 2, 1969) COPY LEGAL DEPARTMENT CITY OF BEVERLY MASSACHUSETTS Carl V. Joslin City Solicitor July 16, 1959 Board of Trustees of the Beverly Public Library 32 Essex Street Beverly, Massachusetts Gemlemen: In reply to your request for my written opinion as to whether or not the principal of the "Sarah L. WhAtmarsh Fund" is subject to be used by or on order of the Board of Trustees of the Beverly Public Library for any library purpose please be advised that in my opinion it is proper. Chanter 10 Section 4 of the Ordinances of the City of Beverly, 1958, provides that "---all money --- that the city or library may receive by donation from any source or by devise or bequest on behalf of the h'brary shall be expended under the direction of the board of trustees for its support and maintenance, in accordance with the conditions of each donation, devise or bequest accepted by the city". Paragraph Fourth, Item 5 of the Will of Sarah L. Whitrnarsh, (See Essex County Probate Docket Number 182775) provides in part "That if said residue shall exceed the sum of six thousand dollars, then such excess shall be divided equally between the Beverly Public Library---." (and four other charitable organizations). In accordance with said terms of said will the executors distributed $6,801.20 to the City of Beverly in behalf of the Beverly Public Library which is presently invested by the Commissioners of Trust Funds of the City of Beverly in the Beverly Savings Bank. The bequest to the Beverly Public Library under the said will of Sarah L. Whitmarsh is not encumbered with any language of limitation of use or impressed with any language of trust. The said bequest is a clear, unequivocal, outright gift of a sum of money to the Beverly Public Library. .Under the provisions of the above cited ordinance, the Board ,of Trustees of the Beverly Public Library, by majority vote, may use the principal of said fund for any library purpose at any time. Very truly yours C.D./d (signed) Carl V. Joslin City Solicitor RULES AND REGULATIONS AFFECTING THE ELIGIBILITY OF PERSONS FOR USE OF MATERIALS AND REFERENCE FACILITIES OF THE BEVERLY PUBLIC LIBRARY (Effective September 1, 1959) "RESOLVED: That the following rules and regulations affecting the eligibility of persons for use of materials and reference facilities of the Beverly Public Library be and the same hereby are adopted and made effective as of and from September 1, 1959, and until the further order of this Board, viz: 1. There shall be two (2) classes of Beverly Public Library borrower cards, namely: (a) Resident (b) Nonresident 2. There shall be no registration fee or other charge required for issuance of a resident borrower card. 3. All nonresident borrower cards shall expire on and become invalid after the 31 st day of August following the date of issuance. 4. There shall be a five dollar ($5.00) registration fee required for issuance of a nonresident borrower card regardless of the date of issue thereof. A holder of a nonresident borrower card who becomes eligible for a resident borrower card within one year from the date of issue of any such card shall be entitled to refund of the registration fee or fees paid by him or her for the nonresident borrower card or cards issued to him or her during that year. 5. Any person who is a homeowner, taxpayer or voter of the City of Beverly or permanent member of the household of such a homeowner, taxpayer or voter or any person not such a homeowner, taxpayer or voter or permanent member of the household of such a homeowner, taxpayer or voter who has resided in the City of Beverly for not less than ten (10) full months of the twelve months period next preceding the date of application shall be eligible to apply for a resident borrower card. 6. Any person having a place of residence within the City of Beverly for not less than thirty (30) days next preceding the date of application who is not eligible to apply for a resident borrower card or any person having no place of residence within the City of Beverly who is regu!a_rly employed or attending school within the City of Beverly who is not eligible to apply for a resident borrower card shall be eligible to apply for a nonresident borrower card. 7. Every applicant for a borrower card shall furnish in his or her application all and any such information as may be required by the Librarian for the purpose of identification and classification of the applicant. 8. Borrower cards are not transferrable. City of Beverly, Massachusetts Public Meeting Minutes Board: L~rary Trustees Subcommittee: Date: 07/06/1959 Place: Beverly Public Library Board members pieseat: Russell P. Brown, Saul J. Cagan, Dorothy C. Cook, Frank P. Hyde, Bruce Lancaster, Frederick H. Pierce, Carolyn F. StandIcy, and Thomas J. Tooracy Board members absent: Louisa V. Conrad Others present: Recorder: Marion A. Brown Monday, July 6, 1959 4 P.M. at the Library A Special Meeting was called on the above date to determine some way to obtain money from certain Trust Funds to purchase a Bookmobile. It was VOTED: TO purchase a Bookmobile from Trust Funds. PRESENT at this meeting were Mrs. Cook, Miss StandIcy, Mr. Hyde, Mr. Pierce, Mr. Toomey, Mr. Brown, Mr. Lancaster, Mr. Cagan. Mrs. Conrad was away. There was discussion of the availability of money from the Sarah Whitmarsh fund and the Ray Fund. Mr. Cagan has talked with the City Solicitor and the following resolution was VOTED:: "Resolved that the City Solicitor be requested to furnish to the Board of Trustees of the Beverly Public Library an opinion in writing as to whether or not the principal of the fund now in the custody and control of the Board of Commissioners of Trust Funds and referred to as the Sarah L. Whitmarsh Fund, is subject to be used by or on order of the Board of Trustees of the Beverly Public Library for any library purpose." Sent to the City Solicitor July 7. 1959. If the City Solicitor answers affirmatively the question put to him in the preceding resolution to wit "Resolved that the City Solicitor be requested to furnish to the Board of Trustees of the Beverly Public Library an opinion in writing as to whether or not the principal of the fund now in the custody and control of the Board of Commissioners of Trust Funds and referred to as the Sarah L. Whitmarsh Fund, is subject to be used by or on order of the Board of Trustees of the Beverly Public Library for any library purpose." that the Board of Trustees proceed to advertise for bids for the purchase of a bookmobile according to the following Specifications:: SO VOTED Adjourned 5: 15 Bookmobile Specifications 4 cylinder engine with adjustable overhead tappetts 4 speed transmission-gear shift control on steering post 12 volt electrical system with charge at idle generator beater and defroster dual electric windshield wipers dual side mirrors self canceling directional signals 2 inside dome Hghts undercoating of complete unit spare tire and wheel dual rear doors - 38" opening, with windows sliding side doors leaf type springs front and rear shock absorbers driver's seat only Inside measurements: not less than 93" from driver's seat to rear door; not less than 70" wide in front of rear wheels, and not less than 49" wide at rear wheels and not less than 72" high. Must be so-called walk-in type of body Color--medium green (Notice of Special Meeting of Board of Trustees July 6 1959 4 o'clock At Library.(Sent to City Hall July 2, 1969) COPY LEGAL DEPARTMENT CITY OF BEVERLY MASSACHUSETTS Carl V. Joslin City Solicitor July 16, 1959 Board of Trustees of the Beverly Public Library 32 Essex Street Beverly, Massachusetts Geniemen: In reply to your request for my written opinion as to whether or not the principal of the "Sarah L. Whitmarsh Fund" is subject to he used by or on order of the Board of Trnstees of the Beverly Public Library for any library purpose please he advised that in my opinion it is proper. Chanter 10 Section 4 of the Ordinances of the City of Beverly, 1958, provides that "---all money --- that the city or library may receive by donation from any source or by devise or bequest on hehalf of the library shall he expended under the direction of the board of trustees for its support and maintenance, in accordance with the conditions of each donation, devise or bequest accepted by the city". Paragraph Fourth, Item 5 of the Will of Sarah L. Whitmarsh, (See Essex County Probate Docket Number 182775) provides in part "That ff said residue shall exceed the sum of six thousand dollars, then such excess shall be divided equally between the Beverly Public Library---." (and four other charitable organizations). In accordance with said terms of said will the executors distributed $6,801.20 to the City of Beverly in behalf of the Beverly Public Library which is presently invested by the Commissioners of Trust Funds of the City of Beverly in the Beverly Savings Bank. The bequest to the Beverly Public Library under the said will of Sarah L. Whirmarsh is not encumbered with any language of limitation of use or impressed with any language of trust. The said bequest is a clear, unequivocal, outright gift of a sum of money to the Beverly Public Library. .Under the provisions of the above cited ordinance, the Board ,of Trustees of the Beverly Public Library, by majority vote, may use the principal of said fund for any library purpose at any time. Very truly yours C.D./d (signed) Carl V. Joslin City Solicitor RULES AND REGULATIONS AFFECTING THE ELIGIBILITY OF PERSONS FOR USE OF MATERIALS AND REFERENCE FACILITIES OF THE BEVERLY PUBLIC LIBRARY (Effective September 1, 1959) "RESOLVED: That the following rules and regulations affecting the eligibility of persons for use of materials and reference facilities of the Beverly Public Library be and the same hereby are adopted and made effective as of and from September 1, 1959, and until the further order of this Board, viz: 1. There shall be two (2) classes of Beverly Public Library borrower cards, namely: (a) Resident (b) Nonresident 2. There shall be no registration fee or other charge required for issuance of a resident borrower card. 3. All nonresident borrower cards shall expire on and become invalid after the 31st day of August following the date of issuance. 4. Them shall be a five dollar ($5.00) registration fee required for issuance of a nonresident borrower card regardless of the date of issue thereof. A holder of a nonresident borrower card who becomes eligible for a resident borrower card within one year from the date of issue of any such card shall be entitled to retired of the registration fee or fees paid by him or her for the nonresident borrower card or cards issued to him or her during that year. 5. Any person who is a homeowner, taxpayer or voter of the City of Beverly or permanem member of the household of such a homeowner, taxpayer or voter or any person not such a homeowner, taxpayer or voter or permanent member of the household of such a homeowner, taxpayer or voter who has resided in the City of Beverly for not less than ten (10) full months of the twelve months period next preceding the date of application shall he eligible to apply for a resident borrower card. 6. Any person having a place of residence within the City of Beverly for not less than thirty (30) days next preceding the date of application who is not eligible to apply for a resident borrower card or any person having no place of residence within the City of Beverly who is regularly employed or attending school within the City of Beverly who is not eligible to apply for a resident borrower card shall be elig~le to apply for a nonresident borrower card. 7. Every applicant for a borrower card shall furnish in his or her application all and any such information as may he required by the Librarian for the purpose of identification and classification of the applicant. 8. Borrower cards are not tramferrable. 9. In event of loss of a borrower card, the owner thereof shall report the fact of such loss forthwith to the Libr~ or a staff member and a new card shall be issued upon payment of a replacement charge of twenty-five (25) cents. 10. Any eligible person to whom there has been issued a Beverly Public Library borrower card may borrow any library materials for home use except such as are restricted to use within the building. 11. Every borrower shall be responsible for the safety and undamaged return of all and any materials borro wed on his or her card and the parents o f borrowers under the age o f eighteen ( 18 ) years shall be responsible for all and any materials borrowed by such children and shall sign an agreement to that effect before a borrower card is issued to any such child. 12. Persons residing in other communities who are not eligible to apply for a Beverly Public Library borrower card may borrow library materials only through the regular interlibrary loan channels in conformity with the provisions of the American Library Association Interh'brary Loan Code. 13. Any person, regardless of place of residence, may use library materials for reference purposes within the library building. 14. The Librarian shall have and hereby is vested with full authority: (a) To decide any question of doubt as to the elig~ility of any person for a borrower card and such determination shall be final. (b) To designate the period for which any library material may be borrowed and to limit the renewability thereof. (c) To limit, generally or in any specific instance, the number of books or other materials that may be borrowed on any one borrower card at any one time. (d) To permanently or temporarily restrict any item in the library to use within the building in order to insure its availability to the public. (e) To restrict or limit the amount of reference service to he given by staff members, meaning and intending hereby, but without limiting the general and/or specific irnport of the foregoing, that residents of the City of Beverly shall he entitled to first consideration by the staff in the giving of such service. (f) To restrict, limit, suspend or revoke the borrowing privilege of any borrower card holder who fails to make restitution to cover loss or damage to library materials while borrowed on his or her card or who fails to pay fines on overdue library materials as provided by regulations promulgated by this Board or by the Lib~ (g) To restrict, limit, suspend or revoke the privilege of using materials and reference facilities of the library of any person who fails to make restitution for loss or damage to any library materials while in use by him or her within the library building or who fails to maintain a reasonable stan_da_rd of behavior while within the library building. 15. Nothing herein shall be so construed as to bar the right of appeal to this Board by any person claiming to be aggrieved by any action or decision of the Librarian or any staff member. 16. The words "library building" as used in this resolution shall be taken to refer to the main library building on Essex Street in Beverly or to the branch library building on Vine Street in Beverly Farms or to the hookmobile operated or to be operated by a staff member ofthe library or to any other premises housing library materials, as the case may be in any instance. 17. All and any rules or regulations heretofore adopted or promulgated by this Board or by the Librarian affecting the use of materials and reference facilities of the library, insofar as the same are not inconsistent with these roles and regulations, are hereby confirmed and continued in full force and effect. Resolution adopted August 31, 1959. Per Order of the BOARD OF TRUSTEES OF THE BEVERLY PUBHC LIBRARY Louisa V. Conrad, Chaiman