Fall 2009

The Question Why doesn’t the ballot question specify a dollar amount? Why does the warrant article include the full $70.8 million? Can’t they both specify the $45.1 additional budget being requested?

This Fact Sheet explains the wording of the ballot question and the warrant article.

Background The High School Building Committee (HSBC) has proposed a construction project for the modernization and expansion of Wayland High School. The Massachusetts School Building Authority (MSBA) approved the project in September, and has offered a $25 million grant. Wayland voters must approve an additional project budget of $45.1 million in order for the project to proceed. On November 17, 2009 at a Special Town Election, voters will be asked to approve a debt exclusion to permit the town borrow funds for the project. On November 18, 2009 at a Special Town Meeting at 7:30 pm in the Field House at Wayland High School, voters will be asked to approve a warrant article to appropriate the funds for the project and to authorize the town to enter into the necessary contracts with the MSBA.

The Budget Here is a financial summary of the proposed project.

Total MSBA Grant Wayland’s Share

Total Project Budget $70,800,000 $25,000,000 $45,800,000

Feasibility and Schematic

Design Phase (1,084,812) (433,925) (650,887)

Remaining Phases $69,715,188 $24,566,075 $45,149,113

The Feasibility and Schematic Design Phase has already been completed and was funded from prior appropriations. Net of the MSBA grant, the HSBC is seeking approval of an additional $45.1 million in funding for the project.

Ballot The ballot question reads, “Shall the Town of Wayland be allowed to exempt from the provisions of Proposition town-and-one-half, so

Question called, the amounts required to pay for the bonds issued in order to expand and modernize Wayland High School?” Massachusetts law requires this wording to allow the Town to borrow the funds necessary for the project. The borrowing amount is not included. This requirement cannot be changed by the Town or by the MSBA.

Warrant To meet the requirements of the MSBA program and get the $25 million grant, Wayland must exactly follow the MSBA form and must

Article obtain their approval on the warrant language in advance. The language must also conform to the applicable Massachusetts laws. Here is an excerpt from an email sent to HSBC chairperson Lea Anderson by Holly McClanan, an attorney with the MSBA. Ms. McClanan says, “It is essential that the Town and the voters know and understand that Massachusetts General Laws require that the Town appropriate the total project costs and not simply the Town's share. This is not an MSBA requirement. Rather it is a law of the Commonwealth of Massachusetts. I have provided the link to that statute for your convenience: http://www.mass.gov/legis/laws/mgl/44-31c.htm.” She also points out that the article says the amount of borrowing will be reduced by the grant, so the town does not have to bond the full amount.

This means that by state law, the warrant article must specify the total project budget, and the amount cannot be reduced to just Wayland’s share.

The MSBA initially specified a total budget figure of $70.8 million for the warrant article. Wayland’s town counsel Mark Lanza requested that the amount be changed to the cost of the remaining phases, $69,715,188, because the Feasibility and Schematic Design Project funds, $1,084,812, were appropriated at earlier Town Meetings. At the time the warrant booklet was printed, the MSBA attorney had not yet acted on this request. That is why the printed warrant shows the full $70.8 million.

Last week we received word that the MSBA attorney agrees with town counsel and this change has been approved. When the warrant article is presented at Town Meeting the amount will be $69,715,188.

Other Any further changes that are not approved in advance by the MSBA’s attorney would jeopardize Wayland’s ability to obtain the $25 million

Changes grant.

Below is the revised text of the warrant article, as it will be presented at Town Meeting. The only difference from the printed warrant is the amount shown in bold.

ARTICLE 2: WAYLAND HIGH SCHOOL EXPANSION AND MODERNIZATION

Sponsored by: Board of Selectmen and School Committee Estimated cost: $69,715,188.00

To determine whether the Town will vote a.) to appropriate the sum of $69,715,188.00 to be expended under the direction of the High School Building Committee for design, construction and other related expenses to expand and modernize Wayland High School, 264 Old Connecticut Path, Wayland, Massachusetts 01778, which school facility shall have an anticipated useful life as an education facility for the instruction of school children of at least 50 years, and for which the Town may be eligible for a school construction grant from the Massachusetts School Building Authority (MSBA); b.) to determine whether such appropriation shall be provided by taxation, by transfer from unappropriated funds, by transfer of funds already appropriated for another purpose, by borrowing under M.G.L. Chapter 44, or any other enabling authority, or otherwise, provided that any appropriation hereunder shall be subject to and contingent upon an affirmative vote of the Town to exempt the amounts required for the payment of interest and principal on said borrowing from the limitations on taxes imposed by M.G.L. Chapter 59, Section 21C (Proposition 2 1/2 ); c.) that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the Town of Wayland and the MSBA; provided further that any grant that the Town may receive from the MSBA for said project shall not exceed the lesser of (1) forty percent (40%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; d.) to acknowledge that the MSBA‘s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town; and e.) to authorize the School Committee to enter into all necessary and appropriate agreements for the design, construction and other related expenses to expand and modernize said Wayland High School, including but not limited to a project funding agreement and a project scope and budget agreement with the MSBA, which agreements with the MSBA may include a provision requiring the Town to indemnify the MSBA for losses associated with the Town‘s performance of its obligations and exercise of its rights under such agreements.