Funding for Library Construction 

The Governor has signed S2271, an omnibus bond bill which authorizes the expenditure of $75 million for public library construction. This is a significant milestone and I congratulate you all. Your continued support has indeed made a difference.

A number of Waiting List libraries have posed questions about how events will unfold from this point. I would like to offer the following possibilities and advice. Please share it with Library trustees, Building Committee members and your municipal officials, as appropriate.

1. Since the bond bill has passed and has been signed by the Governor, the next step is for the MBLC staff to negotiate a budget for the actual expenditure of the authorized funds with the Governor and her staff and the Executive Office of Administration and Finance. These offices have responsibility for State capital bond expenditures through a Five-Year Capital Budget, which is limited by a variety of constraints to $1.3 billion per year. The Massachusetts Public Library Construction Program has had a place in the Governor's Five-Year Capital Budget since 1992, through three administrations.

Please note that the questions to be answered concern the following issues:

• the timing of the actual release of funds.

• how many contracts the MBLC can issue at this time.

• whether or not the payment schedule for all projects can be maintained as it is outlined in the Regulations.

2. Following authorization of annual spending targets under the FiveYear Capital Budget, the Board of Library Commissioners will be able to vote Provisional Awards to municipalities for Approved Public Library Projects, in the order of the Waiting List.

The date of the Board's vote of Provisional Awards is unknown at this time. You will be notified when this date is firm. Future Board meetings are scheduled for Thursday, September 12 in Duxbury and for Thursday, October 3 at Anna Maria College in Paxton.

3. Once a Provisional Award has been voted, a library and municipality have six months to complete local funding and to fulfill other certifications and requirements. An award is final once a Grant Contract is signed with the Board. The Library must begin construction within a further nine months after a Grant Contract is signed. In this context, I call your attention to the following definitions from the regulations for the MPLP (605 CMR 6.00)

Certification of Funds. The Board shall require a certification of the availability of local funds sufficient to cover the estimated eligible cost of the total project at the time the municipality accepts the award. This shall equal the costs that remain after deducting the provisional award amount from the total eligible cost. The total of federal and state monies may not exceed 75% of the eligible cost.

Certification of Project. After notification of provisional award and within six months of the Board's vote, the municipality shall certify that sufficient funds are available to cover the total estimated cost of the approved public library project as approved by the Board and that construction will commence within nine months from the signing of a Grant Agreement with the Board.

Construction Start Date. The signing of a construction contract between the municipality and the general contractor.

4. In order to meet the possible timetable outlined above, I would urge you to anticipate Provisional Awards to Waiting List communities in sequence as early as September 12 or October 3. This would mean that communities receiving a Provisional Award must achieve local funding by March 12 or April 3, 2003. If your project needs a Town Meeting Vote, an Override or Debt Exclusion, or additional fundraising, it is urgent that each local library and municipality plan its next steps.

On such a timetable, the Construction Start Date would either be December 12, 2003 or January 3, 2004.

5. Please note that time will be of the essence. According to a recent opinion of the Attorney General, public construction projects are required to do a second Designer Selection Process prior to proceeding with Design Development. I advise you to plan on this and to do it in a timely fashion, since it can cause additional delays.

6. Should a Waiting List community be unable to accept a Provisional Award, reference will then be made to communities still remaining on the Waiting List.

7. Patience Jackson, Library Building Consultant, and Anne Larsen, Associate Library Building Consultant, will be holding one or more workshops in central locations for Directors of Provisional Award recipient libraries, plus a trustee, Building Committee member or interested town official. An invitation to the workshop(s) will be sent out as soon as the timetable is more definite.