Minutes of The Board of Library Commissioners - March 6, 2003 

Time : 10:00 A.M.

Present : Joseph S. Hopkins, Chairman; John E. Arnold, Vice Chairman; Dr. Em Claire Knowles, Secretary; Edward L. Bertorelli; Deborah Hill Bornheimer; Walter L. Cameron, Jr.; John E. Henderson; Elia D. Marnik

Absent : Robert F. Mooney

Staff Present:

Robert Maier, Director; Dianne Carty, Head of State Aid and Data Coordination; Brian Donoghue, Research Librarian/Friends Liaison; Barbara Glazerman, Head of Operations and Budget; David Gray, Director of Communications and Public Information; Marlene Sue Heroux, Reference Information Systems Specialist; Patience Jackson, Library Building Consultant; Maureen Killoran, Head of Public Library Advisory and Government Liaison; Paul Kissman, Library Information Systems Specialist; Anne Larsen, Associate Library Building Consultant; Anne Meringolo, State Aid Specialist; William Morton, Assistant to the Director

Observers Present:

Mary Behrle, Assistant Administrator, Northeast Massachusetts Regional Library System; Deirdre Brennan, Administrator, Boston Massachusetts Regional Library System; Judith Cline, Director of the Agawam Public Library; Jan Finklestein, President, Corporate Community Partnerships, East Longmeadow; Molly Fogarty, Assistant Director of the Springfield Public Libraries and Co-chair of the Massachusetts Libraries Association Legislative Committee; Joan Kuklinski, Executive Director, C/W MARS; Denis Lesieur, Director, Lenox Library Association; Carolyn Noah, Administrator, Central Massachusetts Regional Library System; Bonnie O'Brien, Director of the Shrewsbury Free Library; Terry Plum, Assistant Professor and Director, Simmons Graduate School of Library and Information Science Program at Mount Holyoke College; Gregory Pronevitz, Administrator, Northeast Massachusetts Regional Library System; Sondra Vandermark, Administrator, Metrowest Massachusetts Regional Library System

Call to Order

Chairman Hopkins called the meeting to order at 10:05A.M. and welcomed attendees. He recognized Judith Clini, Director of the Agawam Public Library who welcomed the Board to Agawam and the newly renovated library facility. Ms Clini thanked the Commissioners for the construction grant and assistance that made the newly-opened library possible. She invited the Commissioners to tour the library following the meeting.

Approval of Minutes - January 9, 2003

Commissioner Arnold moved and Commissioner Bertorelli seconded that the Massachusetts Board of Library Commissioners approve the minutes for the monthly business meeting of January 9, 2003.

The Board voted approval.

Approval of Minutes - February 6, 2003

Commissioner Marnik moved and Commissioner Arnold seconded that the Massachusetts Board of Library Commissioners approve the minutes for the monthly business meeting of February 6, 2003.

The Board voted approval.

CHAIRMAN'S REPORT

Chairman Hopkins, noting financial and organizational issues, stated that these are difficult times for the agency and for libraries. He relayed that today's agenda would address many of these issues.

He said that this would be an important meeting during which he hoped that the Board could come to some consensus regarding its concerns with the newly released House 1 Budget by Governor Mitt Romney.

DIRECTOR'S REPORT

Director Maier called the Commissioners' attention to a brochure that the SAILS Library Network had produced for the Southeastern Massachusetts Regional Library System Legislative Breakfast. He relayed that the brochure demonstrated the great value of services provided by an automated resource sharing network. He stares that copies of the brochure would be sent to the Commissioners.

He mentioned that Maureen Killoran and he had met with John Robertson, Deputy Director of the Legislative Division of the Massachusetts Municipal Association (MMA), to discuss areas of mutual interest. Director Maier informed the Commissioners that Mr. Robertson has invited the agency to participate in MMA functions and to submit articles for its publications.

Director Maier announced that Ms Killoran and he met with Bernard Margolis, President of the Boston Public Library, to discuss issues around the Municipal Appropriation Requirement, anticipated cuts from the City of Boston, and some of the restrictions of state statutory requirements for the Library of Last Recourse.

He informed the Commissioners that Chairman Hopkins, Commissioner Marnik, Krista McLeod, Director of Nevins Memorial Library in Methuen and President of the Massachusetts Library Association, and Tom Scully, Director of the Beverly Public Library, Maureen Killoran and he met with Lieutenant Governor Kerry Healey, following the Legislative Breakfast in Methuen on February 28, 2003. He relayed that the Governor's Budget vis a vis the agency, State Aid to Public Libraries and the minimum standards were discussed at the meeting. He stated that the meeting was very productive and that the Lt. Governor had mentioned in her remarks at the Legislative Breakfast that when she was asked why she was helping to raise funds for the Beverly Farms branch of the Beverly Public Library, she stated that a "Library is a community center and we need a community center."

Director Maier also reported on a telephone conversation meeting with an aide to Senator Richard Moore to discuss the possibility of using proceeds from state authorized gaming as an aide to fund public library construction.

He thanked the entire Massachusetts library community for their response and support of the Board and its programs and noted his appreciation.

LEGISLATIVE REPORT

Maureen Killoran, Head of Public Library Advisory & Government Liaison, reported on MLA Ways and Means Day, held at the State House on February 12, 2003. She noted that response to the event was positive from legislators. Speakers at the event were Krista McLeod, President, Massachusetts Library Association and Director of the Nevins Memorial Library in Methuen, Senator Susan C. Fargo (D.) Lincoln, Director Maier, Representative Marie J. Parente (D.) Milford, Senator Steven A. Tolman (D) Brighton, Representative Carol A. Donovan (D.) Woburn, Representative Mark V. Falzone (D.) Saugus, Representative Donald F. Humason, Jr. (R.) Westfield, Marnie Warner, Law Library Coordinator, Trial Court Law Library and Commissioner Arnold. Ms Killoran thanked the speakers for their advocacy for libraries.

She informed the Commissioners about meetings with Representative Geoffrey Hall (D) Westford, Chairman of the Committee on State Administration, who has agreed to support the library bond bill and Senator Susan Fargo (D) Lincoln, who has agreed to be the Senate champion of the bill.

Ms Killoran thanked Sandra Lindheimer, Co-chair of MLA's Legislative Committee for arranging the meeting with Senator Fargo; Ellen Rainville, Director of the J. V. Fletcher Library in Westford, for arranging the meeting with Representative Hall; Thomas Scully, Director of Beverly Public Library for arranging the meeting with Lieutenant Governor Healy.

She also mentioned three upcoming important dates that included testimony before the Joint House and Senate Ways and Means Committee on Friday, March 14, 2003; testimony before the House Committee on Long-Term Debt on Thursday, March 20, 2003, and Library Legislative Day on Wednesday, April 2, 2003, sponsored by MLA.

THE GOVERNOR'S FY2004 BUDGET

Director Maier called the Commissioners attention to the documentation and reviewed several items that had been prepared for review of the FY2004 budget. Among them was a printout of the budget, including the budget language, and some historical information from when the Board of Library Commissioners was removed from under the organizational structure of the Board of Education in the 1970's.

Director Maier also mentioned that Chairman Hopkins and he had met with Secretary of Education Designee Peter Nessen to discuss the role of the Board and its proposed reorganization under a new Secretariat of Education. He relayed that although no specifics were given regarding the Board's administrative line item, it was a very positive and reassuring meeting.

Commissioner Bertorelli stated that aside from the open question of the future placement and status of the MBLC, Governor Romney's 2004 budget recommendations are on the whole very positive for Massachusetts Library services and programs - the 9C cuts of January have been restored bringing funding levels to last year's levels. In addition the "set-aside/per capita" funding for the Library of Last Recourse has been eliminated from the Regional Library funding line item. He noted that this per capita "set aside" had a devastating, though unintentional, impact on the regions' budgets when the entire line item was reduced but the "set aside" prevented proportional and balanced reductions. He stated that t it is very important to stress the positive aspects of the Governor's proposals for state Library programs - since these budget figures will provide a very positive guide in crafting the House and Senate budgets.

Several other Commissioners stated that although the reorganization plan put forth by the new Administration was worrisome, they were very thankful that the Governor's budget restored the most recent emergency 9C cuts. However, the Commissioners did express grave concern about the proposed transfer of the administration of the Talking Book Libraries to a new Department of Disabilities and Community Services in the Executive Office of Health & Human Services. After more discussion, Chairman Hopkins stated that he hoped that the Board would address several of their concerns in an official way later in the meeting.

APPROVAL OF THE POLICY FOR MUNICIPAL APPROPRIATION REQUIREMENT (MAR) WAIVER ELIGIBILITY IN FY2004

Dianne L. Carty, Head of State Aid and Data Coordination, presented the proposed Policy for Municipal Appropriation Requirement (MAR) Waiver Eligibility in FY2004 as discussed at the February 6th Board meeting as follows:

POLICY FY2004 STATE AID TO PUBLIC LIBRARIES PROGRAM: DETERMINING ELIGIBILITY FOR A WAIVER OF THE FY2004 MUNICIPAL APPROPRIATION REQUIREMENT (MAR)

The Board of Library Commissioners will consider requests for waivers of the FY2004 Municipal Appropriation Requirement (MAR) from municipalities that demonstrate fiscal hardship. Requests for waivers must include the following documentation and must be received by the MBLC State Aid and Data Coordination Unit with a postmark no later than October 24, 2003:

1. a signed Petition for Waiver of the FY2004 Municipal Appropriation Requirement.

2. a completed FY2003/FY2004 Total Municipal Operating Budget Worksheet, with supporting municipal budget document(s), listing the FY2003 and FY2004 total operating and departmental budgets for the municipality,

3. a statement from a municipal official:

a. citing the fiscal hardship surrounding the municipality's inability to meet the FY2004 MAR,
b. explaining the municipality's FY2004 budget process regarding the library,
c. providing evidence that any reduction to the library budget is not disproportionate relative to changes in other municipal departments and the overall municipal budget.

4. a cover letter from the library director and trustee chair, with enclosures if appropriate, explaining the library's FY2004 budget process and reasons why the community did not comply with the FY2004 MAR. (Examples of enclosures include: narratives from municipal officials describing the fiscal situation, text of referenda.)

Any additional supporting documentation must be submitted to the State Aid Unit by November 21, 2003, or the municipality will not be eligible for a waiver of the FY2004 MAR.

The Waiver Review Process

According to Massachusetts General Laws, c.78, s19A:
"No city or town shall receive any money under this section in any year when the appropriation of said city or town for free public library services is below an amount equal to the average of its appropriation for free public library service for the three years immediately preceding, increased by two and one half per cent of said average. Said board may, upon petition of a community, waive aforesaid requirement upon demonstration of fiscal hardship. Said waiver may only be granted by said board in a given fiscal year to not more than ten cities and towns in the commonwealth."

1. Petitions for a waiver will be reviewed by the Board of Library Commissioners at their January 2004 meeting.

2. All petitioners for a waiver must present their petition at the January 2004 meeting.

3. The Board of Library Commissioners will review FY2004 MAR Waiver Petitions based on:

a. demonstration by the municipality that the library's budget was not disproportionately reduced, and
b. evidence of fiscal hardship based on statewide rankings for the following indicators of fiscal hardship from the latest Department of Revenue data: State Aid Percent of Revenues Rank, Per Capita Personal Income Rank, EQV (Equalized Valuation) Rank, and Debt Service Percent of Total Expenditures Rank.

4. The Board of Library Commissioners will vote on the petitions for waivers of the FY2004 MAR at their February 2004 meeting.

Commissioner Bertorelli moved and Commissioner Arnold seconded that the Massachusetts Board of Library Commissioners adopt for the FY2004 State Aid to Public Libraries program the policy for: Determining Eligibility for a Waiver of the FY2003 Municipal Appropriation Requirement (MAR).

The Board voted approval.

DISCUSSION OF RESULTS OF MID-YEAR PUBLIC LIBRARY SURVEY

Dianne Carty reviewed the mid-year survey sent to public libraries in Massachusetts to determine the number of libraries experiencing or expecting difficulties with their budgets for FY2004 and certain other information. She noted that, to date, 254 out of 348 libraries had responded (73%). Ms Carty reported the results of the survey regarding library budgets and compliance with requirements for FY2004 State Aid to Public Libraries. Seventy-three (73) libraries anticipate further reductions to their FY2003 budgets, 33 libraries are having difficulty meeting the materials expenditure requirement, 8 libraries are having difficulty meeting the hours open requirement and 90 libraries anticipate not meeting the FY2004 municipal appropriation requirement.

DISCUSSION OF A POLICY OF ACCOMMODATION FOR STATE AID TO PUBLIC LIBRARIES IN FY2004

Material Expenditure/Hours Open Requirements

Dianne Carty presented for discussion a Policy of Accommodation for State Aid to Public Libraries in FY2004 which included a proposed policy on the Materials Expenditure and Hours Open Accommodation that was based on prorating. She gave some historical background into when this had been done before, and then reviewed the proposed policy. After much discussion about the complexities of the proposal, the Commissioners indicated that they would like the Board staff to try and present a simplified version of the policy at the April Board meeting.

Municipal Appropriation Requirement

Dianne Carty stated that there were two components to the Municipal Appropriation Requirement: 1) the statutory requirement and changes to that requirement, and 2) the statutory number of waivers. She presented historical background that showed the award history of MAR waivers since 1990, and the MAR formulas since 1890.

Commissioner Hopkins thanked Ms Carty for her work and presentations, and then asked the Commissioners to consider making some resolutions regarding three areas of the Governor's budget.

Consideration of Budget Language Recommendations

Director Maier called the Commissioners attention to the documentation, noting a commentary on FY2004 state budget language written by Commissioner Arnold and a cross walk between last year's budget language and the FY2004 House 1 language in chart form that Director Maier developed. He stated that Commissioner Arnold and he approached the same issue from different starting points. He stated that the Governor's budget attempts to simplify budget language by eliminating what is viewed as non-essential language. Director Maier called the Commissioners' attention to the cross walk chart to indicate the impact of the missing language. He stressed that during the next several weeks the Board will have opportunities to ask the House and Senate Ways & Means committees to adjust the language provided in House 1 and Board discussion of these issues is critical in that regard.

Commissioner Arnold reported that at the meeting of the Executive Committee of the Massachusetts Board of Library Commissioners held on Tuesday, February 25, 2003, Chairman Hopkins asked that he prepare a brief summary of Governor Romney's proposed budget language (the "outside sections") related to library services when it was released on Wednesday, February 26. He stated that this request arose from the desire to prepare some background material for today's meeting where the Commissioners will discuss the proposed budget and whether the Board wants to recommend support of or amendments to these outside sections.

He noted that in its discussion, the Executive Committee stressed the need to review the budget and budget language in terms of the provision of library services throughout the Commonwealth. Therefore, its discussions and the request for the report are based on a desire to promote the following principles in terms of library services - especially with respect to fair and equal access to information by the taxpayers and residents of the Commonwealth:

Fairness. Does the budget language impact the users of library services (taxpayers and residents) as equitably as possible? If one constituency is impacted more than another, what effects will be felt by that constituency and what can be done to distribute the effect fairly.

Accountability. Do the changes provide the appropriate mechanism(s) to ascertain that any state or federal funds expended for "the extension and encouragement of library services" (MGL Ch. 78 Sec. 19) are expended cost effectively and appropriately.

To fulfill Chairman Hopkins' request, Commissioner Arnold relayed that he reviewed the 3 documents released by Governor Romney on Wednesday, February 26, 2003 that comprise the Governor's budget proposal for FY2004. He called the Commissioners attention to the "outside sections" in Governor Romney's budget proposal (as detailed in BudRec.pdf released on 2/26/2003) related to library services that are of particular interest to the Board of Library Commissioners.

Commissioner Arnold noted that his report is a preliminary analysis of the outside sections and that he had neither the time nor resources to conduct a complete review of the proposed outside sections. Instead, he stated that he identified areas where the Commissioners may want to ask questions or conduct a more detailed review, including Library of Last Recourse - Maintenance of Effort, State Aid to Public Libraries - Maintenance of Effort, Distinct Local Funds for State Grants, Trial Court Libraries User Fees, Trial Court Spending Restrictions and Transfer of State Library to Secretary of the Commonwealth.

The Commissioners engaged in discussion of the various items contained in Commissioner Arnold's report after which Director Maier informed the Commissioners that following the meeting with Peter Nessen, Chairman Hopkins and he discussed the possibility that the Board would wish to adopt resolutions in response to the Governor's budget. He stated that the purpose of these resolutions is to provide clarity to Board members, Board staff and members of the library community as the Board and agency are asked for their position by librarians, trustees, Friends of libraries, members of the legislature, and administration officials.

He relayed that the proposed resolutions cover the role and importance of the Board (not its place in the bureaucracy), library services for the blind and physically handicapped, and the need to move ahead quickly on the number of waivers for FY2004. He stressed that in regard to this final item, both the House and Senate Ways & Means Committees are working on budgets and budget language now. Therefore, the Board must take action at this time if it wishes to get something in budget language.

Commissioner Marnik moved and Commissioner Cameron seconded that the Massachusetts Board of Library Commissioners adopt and relay a resolution to the library community and Legislature in response to the proposal to merge the Massachusetts Board of Library Commissioners into a new organizational structure headed by a new Executive Office of Education: "A visible, strong, independent and properly funded state library agency is essential to the delivery of library services in the Commonwealth. The Board of Library Commissioners initiates and coordinates programs that link libraries for resource sharing through the development of essential infrastructure and the delivery of content that promotes equity of access to information for all residents. Library service could not continue as we know it without the programs and services of the Board."

The Board voted approval.

Commissioner Cameron moved and Commissioner Henderson seconded that the Massachusetts Board of Library Commissioners adopt and relay a resolution to the library community and Legislature in response to the proposal to merge the Talking Book Libraries for the Blind in Watertown and Worcester with the Executive Office of Health & Human Services under a new Department for Disabilities and Community Services: "The Talking Book Library at the Worcester Public Library and the Talking Book Program at the Perkins School for the Blind in Watertown are specialized library programs for blind and physically handicapped residents of Massachusetts. As library programs that originate at the Library of Congress, we believe that these programs are most effectively administered in Massachusetts by the Board of Library Commissioners."

The Board voted approval.

Commissioner Henderson moved and Commissioner Knowles seconded that the Massachusetts Board of Library Commissioners adopt and relay a resolution to the library community and Legislature, recognizing that many communities are undergoing increasingly difficult financial situations of their own, the Board wishes to communicate to the House and Senate Ways and Means Committees its desire to address this reality, and in so doing, provide some flexibility in the requirements for State Aid to Public Libraries, while at the same time insuring that public library budgets will not be disproportionately cut in municipal budgets: "The Board of Library Commissioners recognizes the necessity of accommodating the State Aid to Public Libraries program to the fiscal realities of FY2004. We reaffirm our commitment to minimum standards of public library service as defined in statute, and we recommend to the House and Senate that, as a first step in accommodation, the Board be permitted an additional 75 waivers of the Municipal Appropriation Requirement (MAR) in FY2004 so that municipalities that do not disproportionately cut library funding may continue to receive State Aid, and to reduce the MAR to 100% of the previous three year average for FY2004."

The Board voted approval.

Director Maier stated that public library administrators and trustees are reminded that the resolution on the MAR is a proposal from the Massachusetts Board of Library Commissioners to the Legislature which has the final say. He noted that the MAR is set in statute (M.G.L. 78, 19A) at 102.5% of the average of the prior three years and just 10 waivers are permitted under statute. He reminded the Commissioners that during the fiscal crisis of the early 1990s, the MAR was also reduced and only a limited number of additional waivers were permitted. Some municipalities that would have received a waiver did not because only a limited number of waivers were available.

PRELIMINARY LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) BUDGET FOR FY2004

Director Maier presented a preliminary LSTA budget for FY2004 and stated that it is presented in anticipation of the April 3rd Board meeting when any changes to the grant budget will be presented for approval. He stressed that this overall budget gives context to the grant budget.

He stated that once grant applications are received on March 20, Grants Manager Beth Wade and he will confer with Commissioners Bertorelli and Henderson and Mary Braney, the chair of SACL, and make any recommendations for changes in the grant budget. Director Maier relayed that these recommendations will take into account the actual applications received and the dollar amounts requested in each category.

COMMISSIONERS' ACTIVITIES

Chairman Hopkins relayed that he attended the groundbreaking for the Graves Memorial Library in Sunderland on Saturday, March 1, 2003.

STANDING COMMITTEE AND LIAISON REPORTS

Construction

Commissioner Bornheimer, Board Liaison for the construction program, relayed that she attended the open house and dedication for the renovation and addition project of the Paul Pratt Memorial Library in Cohasset on Sunday, March 2, 2003. She informed the Commissioners that this project raised a substantial amount of private funds, providing an example of how private funds can be leveraged in public libraries.

Massachusetts Center for the Book

Commissioner Marnik, the Board Liaison to the Massachusetts Center for the Book, updated the Commissioners on the "Letters About Literature" and "Book Awards" programs. She informed the Commissioners that the Massachusetts Center for the Book is now located at both Hampshire and Simmons Colleges.

Public Relations Committee

Commissioners Knowles stated that the last four weeks have seen a lot of behind the scenes activity for the Board's Public Awareness Campaign that will be ongoing during April: Library Awareness Month.

She informed the Commissioners that Paul Kissman, Library Information Systems Specialist, and David Gray, Director of Communications, have been working with The Rendon Group to design the Web site pages and software for MLIN where libraries will be able to post their stories for the "Massachusetts Library Users Share Their Stories" portion of the campaign.

Commissioner Knowles relayed that David Gray and Melissa Hurley from The Rendon Group also held five workshops across the state for the communities who were selected and invited to participate in the campaign at a local level. Among those invited, the following have indicated they are excited to participate: Amesbury, Amherst, Belchertown, Belmont, Beverly, Bridgewater, Brookline, Fall River, Falmouth, Framingham, Greenfield, Groton, Leominster, Methuen, Milford, Needham, New Bedford, Newton, North Adams, Northborough, Norwood, Pittsfield, Plymouth, Quincy, Reading, Saugus, Shrewsbury, South Hadley, Springfield, Walpole, Westford and Worcester. During the next few weeks they will be submitting their users' stories for the MLIN Web site and picking an event(s) to highlight during Library Awareness Month.

She mentioned that the hand cards for these libraries are being personalized with their local "library fact" and the hand cards for all the rest of the public libraries in the state are being delivered prior to their use in April.

PUBLIC COMMENT

Joan Kuklinski, Executive Director, C/W MARS, stated that she would welcome the opportunity to address the Board at a future meeting to explain the impact of budget cuts on the networks.

OLD BUSINESS

There was no old business.

NEW BUSINESS

There was no new business.

ADJOURNMENT

There being no further business, Chairman Hopkins adjourned the March 6, 2003 monthly business meeting of the Board of Library Commissioners at 2:05 P.M.

Dr. Em Claire Knowles
Secretary