Request to audit Library District is denied
A recent request to audit the actions of the Fort Myers Beach Library District has been turned down by The Florida Legislature Joint Legislative Auditing Committee.
The response came via a three-page cursory review letter to two members of the Fort Myers Beach Concerned Taxpayers and copied to Auditor General Davis Martin and Beach Library Director Dr. Leroy Hommerding (the registered agent for the District). Senator Jim Norman and Representative Debbie Mayfield, both chairs of the state auditing committee, signed the letter.
The review letter addressed concerns about the expansion of the library facility, the $2 million load related to the expansion and a “noncompliance with reporting requirements.” The conclusion stated that “based on he information provided, committee staff would not recommend that the Auditor General be directed to perform an audit of the Fort Myers Beach Public Library District.”
Members of the Fort Myers Beach Concerned Taxpayers have expressed concerns and have made accusations to library board members about particular issues for several months. One FMBCT member sent a letter and sample petition to the Office of Governor Rick Scott dated March 29 and received a reply dated June 9 that said the matter could be addressed to certain agencies including the Joint Legislative Auditing Committee. A letter was sent to that state committee division on July 15.
“We reviewed the issues in the letter, and they all appear to be local policy issues,” said Legislative Analyst Debbie White. “This was just a cursory review of the information they provided us.”
In the letter, certain reasons were given for each of the concerns.
Regarding the expansion issue of doubling the present size of the library for the population it services, the elected officials stated the “decision to expand” is a “policy decision by the District’s elected board” and “such policy decisions are not audit issues.”
Regarding the loan without a referendum, the review board searched the District’s website that indicated there was $2 million issued in bonds for the 2009-10 fiscal year and that “a bond referendum does not appear to be specifically required in order for the District to issue bonds.” The end result was a suggestion “to seek legal counsel” to determine “whether a referendum was required to be conducted prior to the issuance of the bonds.”
Regarding the “noncompliance” with the Florida Statute Chapter 189 public facilities report issue, the officials reviewed the District’s audit reports for four fiscal years expanding 2006 through 2010. The conclusion was “information about the library expansion project has been available to the citizens of the District for at least the past four years” and the “District submitted its Annual Financial Report to the Department of Financial Services in accordance with s. 218.32, F.S.”
“Our audits are public information and available on the Auditor General’s website (www.myflorida.com/audgen/),” said Hommerding. “They are available every year. We file them and they go online.”
The Beach Library director did admit he had not filed the public facilities report until it was brought to his attention.
“The Town made a big deal in one attorney’s interpretation that we didn’t file the public facilities report. And, it’s true. Since I came here, I did not know that we were supposed to do it nor did anybody ever ask me for it. When I found out that we should do it, I immediately submitted it to the County and it was accepted.”
Under “other concerns,” the review stated, “it does not appear that such fund-raising efforts were being conducted in a stealth-like manner.”
Hommerding said the library expansion supporters have far outweighed the naysayers. He also reported the library board approved a TRIM rate budget of 0.4999 for the 2010-11 fiscal year, a drop from last year’s 0.5989 millage rate and a 20 percent reduced millage. The roll back rate for the next fiscal year is 0.6249.
Budgeted debt service, which includes construction equipment, was $803,814 for 2010-11. The 2011-12 proposal for that line item is $439,900 and $0 for the year after.
“We have all of the money to pay for the construction of the building and grounds, but not the construction equipment,” said Hommerding.
The idea for a library expansion originally began in 2000 as a need for parking and a larger conference room. Library officials then received a grant for large print materials. Once those materials were obtained, its circulation usage went up dramatically due to that collection and a need for more space was evident.
“At about that time, the lots next door came on the market. We reached a satisfactory agreement with the owner of the lots and, over the next three years, we paid off that property,” said Hommerding. “Also, at that time, there was more and more discussion in the community for growing needs from the library. We began to look at those needs and hired an architect to help pull those concepts together.”
Library expansion donations have come in small increments. Even on the morning of the interview, Hommerding said one lady left four $20 bills with her audio book checkout and stated it was for the construction.
“People do not donate money to a public institution without feeling a sense of commitment to it. This is not coming from a handful of people. We are getting a $1 here, $5 there,” he said. “People in this community strongly support the library.”
Hommerding reported that so far within this fiscal year (starting September 2010), roughly $65,000 has been collected in donations. In the past decade, donations have grown to $500,000 in cash and checks. Nonmonetary donations such as free landscaping are not included in those numbers, but are still included in the library budget because those particular benefits are hard to judge if they will be repeated or not.
“This is closure. Actually, we brought this to closure some time ago. We do want to antagonize. We want to work with Town Hall officials and the community,” said the library director. “I do think that many people in the community have recognized this.”
The FMB Library Board will recess in August and hold its first public hearing regarding its budget on Sept 6, at 5:30 p.m. Its final hearing is expected to be Sept. 27, at 6:30 p.m.