Page 6 THE VILLADOM TIMES I • November 2, 2011 Franklin Lakes Library board disagrees with mayor on excess funds by Frank J. McMahon The Franklin Lakes Library Board of Trustees disagrees with Mayor Frank Bivona about the amount of excess library funds that a new state law requires the library to return to the borough. In a statement explaining the issues that are pertinent to the identification and return of any excess funds to the borough, the library board pointed out that the amount of money that may potentially be deemed to be excess is approximately $775,000, not the $1.1 million the mayor was the library return to the borough. “That is simply not the correct amount,” the library board emphasized in its statement. “The library director and trustees have been diligent about following this legal process and are not trying to avoid returning funds to the municipality as the mayor suggests,” the trustees stated. “However, it is imperative that everyone understands that we simply cannot write a check returning funds because the mayor demands that we return those funds. There is a process to follow. It is determined and set by law and we have followed it in earnest and diligently for the past several months.” According to Rose Peligri, president of the library board, the library director and the trustees have been operating in a fiscally prudent manner while upholding their oath to act in the best interests of the library. In its statement, the board points out that the state law (NJSA 40:54-15a) pertaining to library excess funds requires that the excess funds transferred to the municipality must be any amount that exceeds the sum of the amount of the audited operating expenditures of the library for the most recent available year, plus an additional 20 percent of those operating expenditures, excluding funds restricted for capital projects. “It is very important to note that any funds that may be returned to the municipality will be returned because NJSA 40:54-15 requires libraries to do so,” the trustees stated. According to the trustees, the governor signed a law in November 2010, requiring libraries to return certain excess funds to their municipalities. Prior to returning any funds, however, they pointed out that the library must determine that there are excess funds, and the funds may only be returned to the municipality upon the review and approval of the state librarian. In order for the state librarian to approve any transfer of funds, certain information must be reviewed. That information must include the most recent audit of the library’s finances, an annual report, and a three- to five-year strategic plan of library service. The strategic plan must include a mission statement of the library, a budget analysis, a technology plan, and a building/ physical space analysis. When the strategic plan is complete, the trustees explained, the library board and the library director will review the capital plan with an eye toward making future decisions about the library based on the informa- tion obtained during the strategic plan process. Once the capital plan is reviewed, the board will adopt a resolution to transfer any excess funds to the borough. Then, the trustees will send that resolution along with the above mentioned documents to the state librarian for review and approval. According to the state librarian’s website, that review will take 45 days or less. “The library director and the trustees are aware of the difficult economic situation that we live in,” the trustees stated. “We have no intention of spending money on capital projects in order to avoid returning funds to the municipality. However, we have an obligation to make certain that the library is well run and that the building is functioning properly and that it is structurally safe. The library trustees and the director are not defying any laws by spending money on capital projects.” The trustees also addressed the construction of a canopy outside the front entrance of the library which was recently approved and which has been criticized by Bivona. They pointed out that the canopy will prevent the buildup of slippery surfaces caused by rain, snow, and ice because the slippery surface at the entrance to the building poses a safety hazard to all those entering the building. “It is our duty and obligation to make certain that the building is safe and structurally appropriate for people to enter,” the trustees stated. (continued on page 25)