April 20, 2011 THE VILLADOM TIMES I • Page 13 Franklin Lakes Resident still concerned about pool ordinance by Frank J. McMahon The controversial ordinance that would, if adopted, require fences around all swimming pools in Franklin Lakes, continued to elicit objections from a resident whose father owns a pool that was installed prior to the borough’s ordinance requiring fences around pools. The proposed ordinance would apply to all new and existing swimming pools, spas, and hot tubs, except those hot tubs that contain a certain type of safety cover. However, those who own a residential swimming pool, spa, or hot tub (without the designated cover) that was installed prior to 1977 and does not meet the requirements of the ordinance would have to meet those requirements within six months following the transfer of title of their property. The ordinance provides that any person who would fail to meet its requirements within that six-month period would be in violation of the borough code. The maximum penalty upon conviction of the violation would be a fine not exceeding $200 for each day a violation exists. Demetrois Stratis of Seneca Road had voiced his objection to the ordinance at a recent council work session. He said the ordinance would primarily be a hardship for senior citizens. “I appreciate the change made to the ordinance to make it effective when the house is sold,” Stratis told the governing body, “but I respectfully disagree. The cost will be passed on to the seller by the buyer and will be borne by the seller.” Stratis said he thinks state law would preempt this ordinance. He suggested it might not stand up in court because it is a retroactive law, and the reason given to support it is hypothetical because there have not been any incidents concerning pools in Franklin Lakes. He said the properties in the borough are one acre or larger and have large buffer areas around pools, and the ordinance is based on the possibility of something happening at a pool that is not fenced. Mayor Frank Bivona responded that, under the current municipal code, a property could be sold leaving a pool intact and a $10 million house could then be constructed without a fence. “Requiring a fence is not onerous,” Bivona said. “I hear your concern, but thank God nothing has happened to date. I suggest that might have something to do with the (existing) fence ordinance under which the vast majority of pools do have fences. My biggest concern is that, in the future, we could have new homes with old pools without fences.” Bivona acknowledged that there is a cost factor involved with the new ordinance, but he added, “In the end I don’t think it is onerous.” Resident and Realtor Laurie Burnette, whose husband (the borough’s construction official) recommended the ordinance to the council, said she is currently negotiating a sale of a property with a pool that was built before 1977. The new owner will be required to put up a fence, and that cost will be built into the negotiated price, she said. Burnette, who is also an officer on the borough’s ambulance corps, said there have been incidents where she has had to pull kids out of pools, although she did not know if those pools were fenced or not. “I’m totally for it,” she said, referring to the ordinance. “It won’t be a hardship.” At the last council meeting, the governing body introduced the ordinance, but several members of the council indicated they were not certain how they would vote on the adoption. They said at that time they had heard good arguments on both sides of the issue, but expressed concerns about the impact the ordinance could have on senior citizens and longterm residents, and about safety. The ordinance is scheduled to be moved for adoption at the council’s April 20 meeting. Faculty and students at the Academy of the Most Blessed Sacrament in Franklin Lakes recently held a non-uniform day and a Cupcake Sale to raise funds to aid the victims of the earthquake and tsunami in Japan. 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