Page 6 THE VILLADOM TIMES I • July 27, 2011 Franklin Lakes Trustees respond to mayor’s call for excess funds by Frank J. McMahon The Franklin Lakes Library Board of Trustees has responded to Mayor Frank Bivona’s recent request that the public library return its surplus funds to the borough’s taxpayers in accordance with a recently enacted state law. The trustees sent a letter to Bivona and the council the day before the governing body’s public meeting at which a related resolution was to be passed. That resolution objected to the restriction of the library’s excess funds to capital expenses. Library trustees described what they called “major inaccuracies” in that proposed resolution, which called for taking all the necessary steps to get the money back. “We are asking you to vote against the resolution or table it to allow us to create a continuing dialogue with you regarding the steps necessary for the return of possible excess funds,” the trustees wrote. Based on this letter and a discussion he had with the library trustees the night before the public council meeting, Bivona asked the council to table the resolution inasmuch as the library board of trustees agreed to talk further about the issue. The council agreed, and the resolution was withdrawn from consideration. In their letter, the library trustees responded to several comments Bivona made at a council work session in early July that were embodied in the resolution. The trustees asserted that the funding of the library construction project by the borough, which Bivona claimed was $2.3 of the $3.6 million expansion and renovation cost in 2002 and 2003 in addition to the mandated annual funding of the library, has nothing to do with the current transfer of funds and that the bonding authorized by the council at that time was not just for the library expansion/renovation project. The trustees explained that the state’s mandatory funding of the library by the borough during the construction period provided essential money to keep the library open and available so as not to inconvenience borough residents. The trustees also stated in the letter that Bivona’s claim that $1.1 million was transferred by the library board to an account for capital improvements is incorrect because that money was not moved from unrestricted to restricted funds when the board recently approved its December 2010 audit. The trustees maintain that their focus on capital improvement has been ongoing since the renovation was completed in 2004. The trustees explained that, toward the end of the construction project, there were significant problems with the contractor which resulted in litigation over many items that were left unfinished by the contractor and many of the ongoing capital improvements are related to the expansion project. In addition, the trustees pointed out that the library board must follow a procedure that was created by the legislature to facilitate the transfer of any excess funds to the borough, and any proposal to do so must be presented to the office of the state librarian to determine if it meets the proper criteria. The trustees maintain that if they returned all excess funds to the borough as Bivona wants them to, it would breach the board’s fiduciary duty and perilously reduce its capital reserve fund, which would violate the requirements of the state statute and result in automatic rejection by the state librarian. In response to Bivona’s complaint that the library board hired a consultant to produce a strategic plan to reallocate the excess funds to capital projects, the trustees pointed out that the mayor was part of the unanimous vote to hire the consultant. The trustees explained that it is required to have a written plan for at least three years showing the long-term funding needs of the library, and the consultant was hired to survey the borough residents about their expectations of the library and to set in place a strategic plan prior to receiving approval from the state librarian to transfer funds to the borough. The trustees disagreed with Bivona’s statement that any capital expansion of the library would be unnecessary and a misuse of taxpayer funds, and they claimed that the strategic plan is a matter of “good governance” by the board given the high rate of change occurring in technology and media, and in the needs of the community. The strategic plan is expected to be completed in the fourth quarter of this year, the trustees advised. After finalizing the plan, they said they will reassess the library board’s capital project initiatives and determine any changes to the excess funds calculation that may be required. “All of us take pride in Franklin Lakes and are especially proud to have an opportunity to be stewards of our library in a town where 66 percent of the population holds a library card,” the trustees stated. “As residents and taxpayers ourselves, we will continue working to keep the Franklin Lakes Public Library a jewel in our town.” Franklin Lakes will host its first “Music under the Stars” featuring The Jersey Rollers on Wednesday, Aug. 3. This event will be held from 8 to 10 p.m. at the municipal field behind borough hall (480 DeKorte Drive). The event commemorates the Tenth Anniversary of 9/11 and benefits The Franklin Lakes Memorial Pond project. Attendees are encouraged to bring a lawn chairs and blankets, snacks, and drinks. No tickets are required, but a dona- Experience ‘Music under the Stars’ tion to the Franklin Lakes Memorial Pond would be welcome. All are invited. The Franklin Lakes Memorial Pond was built by volunteers and donations. Additional funds are needed to purchase plantings required by the DEP, lighting, and maintenance. Donation checks may be sent to: The Franklin Lakes Memorial Pond Fund, P.O. Box 217, Franklin Lakes, NJ 07417. For more information contact Jo Ann Romano at jromano@cinemaads.com.