Can a Library Charge Late Fees for a Building?

By Charlie Johnson

The title of this post seems to be the question here in Mendon as the new library faces yet another hurdle to the start of construction. The last two years have been filled with work by volunteers to shepherd and coordinate with the Town Board to bring this project to the cusp of starting construction. Our work has not been easy, nor free of missteps and delays, however we have all been deeply committed to the success of this project.

Rendering of entry of planned new Mendon Public Library (click to enlarge)

The library is the recipient of arguably the largest library construction grant amount from New York state ever in Western New York. This grant award was the birth of the new library, breathing new life into an old dream of a new library. As it now turns out, that same grant is the reason the project finds itself in its current predicament. The grant, while generous, does have a completion date for the library, which is next July 1. Our architects have calculated a 10-month construction period and, considering time for project bidding, bids must go out by June 1 to meet the completion deadline. (See a visual representation of what’s happening.)

Going out to bid also requires the Town to have the anticipated funds in hand before actually going out to bid. The money the Town has in hand is only a portion of the necessary funds.  The Town has recently authorized the issuance of an additional $660,000 in bonds to facilitate the project going out to bid. The capital campaign is off to a strong start already, raising $200,000, however the campaign started late. With only three months of actual time seeking donations, the campaign could not hope to meet the budget gap of $660,000 before the June 1 date. The Town Board approved this budget gap financing plan on the strong confidence of the capital campaign chairman with the knowledge that, as the campaign progresses, these funds would never be needed. In addition, once the actual construction of the library starts, the potential for private fund-raising increases.

Click to enlarge

Based on several Special Town Board meetings held over the last several months and an open dialogue with all members of the library project, the Town has had an opportunity to understand what is happening and find a way to solve this dilemma in the 11th hour. The Town Board has passed this bond resolution for the bid process until the delayed capital giving campaign can catch up to where it needs to be. The Town Board does not intend to levy this bond as a tax, but merely as a tool to keep the Library project from immediate failure.

Please examine the facts and then make your decision whether or not to sign the petition. Looking back over the last two years in hindsight, one can see where different decisions or actions could have been taken and this situation may not have developed.  However, hindsight is easy and everyone has attempted to do the best for the library project. This bond is the only solution to a difficult situation.

Charlie Johnson is chairman of the steering committee for the Mendon Public Library new building project.