Page 10 THE VILLADOM TIMES I • May 25, 2011 Franklin Lakes Borough council adopts pool fence ordinance by Frank J. McMahon The Franklin Lakes Council has adopted a controversial ordinance that will require the owners of all pools installed prior to 1977 to construct fences around those pools, or the property on which they are located, within six months following the sale of the property. The ordinance will apply to all new and existing swimming pools, spas, and hot tubs, except those hot tubs that contain a certain type of safety cover. The six-month remediation period was added to the ordinance after several residents complained that installing a fence around their long existing pools would be an expensive requirement for senior citizens who have most, or all, of their assets tied up in the value of their homes. Demetrois Stratis of Seneca Road once again voiced his objection to the ordinance, saying it is preempted by the state’s Uniform Construction Code, which exempts pools installed prior to 1977. He also countered the argument that the fences are needed because drowning is the second leading cause of death of young children, saying those drownings are primarily caused by lack of parental supervision. “You are going overboard with this ordinance,” Stratis said. Another resident, Juliana Mazzucco of Covington Place, argued that a fence would cost much more that the $2,000 that has been estimated and, since all of her equity is in her home, the ordinance would decrease the value of her property because the seller would have to bear the cost of the fence. She argued that open ponds and lakes in the borough should be included in the fence requirement if the safety of children is the primary objective of the ordinance. Borough Attorney Richard Lustgarten responded to those arguments, stating that the ordinance incorporates all of the standards of the UCC and that nothing in the ordinance is inconsistent with those standards. He argued that having two tiers of safety, one prior to 1977 and one after 1977, would not be consistent with the code. He also argued that the fact that ponds and lakes are not included in the ordinance does not negate the right of the borough to require fences around pools. When the governing body introduced the ordinance in March, several council members indicated that they were not yet certain how they would vote on the adoption. They said at that time they had heard good points expressed on both sides of the issue, but they expressed concern about the impact the ordinance could have on senior citizens and long-term residents, but they were also concerned about safety. Mayor Frank Bivona supported the ordinance, pointing to the number of drownings of young children that occur in the country. He maintained that the cost of fencing a pool would be less than two percent of the value of an average home in the borough, and said he did not think that is material when compared to the potential of saving lives. Councilman Frank Pedone explained his eventual vote for the ordinance by pointing out that the lack of fences around pools could lead police, firefighters, and emergency service personnel to fall into empty pools, as could senior citizens who might wander onto their neighbor’s property. Councilman William Smith said he was voting for the ordinance because he feels a fair balance has been reached between the benefit of the ordinance and its potential cost to some homeowners. He said the level of the threat of drowning was not a major one, as evidenced by the fact that the ordinance does not require a fence to be installed until a property is sold, but the cost of the fence that will be required by the ordinance is addressed by the fact that it will not have to be installed until after a property owner receives the proceeds from the sale of his or her property. Councilman Charles Kahwaty explained his vote for the ordinance, saying that his insurance carrier required him to install a fence around his pool last year, but under this ordinance homeowners would have the proceeds from the sale of their property to pay for fencing. “So, by the narrowness of margins, I’m persuaded to vote for it,” Kahwaty said. The Second Annual Franklin Lakes Youth “Splash and Dash” Biathlon will be held on Sept. 10 at 8 a.m. Athletes, ages seven through 16, will compete in the swim/run event held at The Indian Trail Club at 830 Franklin Lake Road in Franklin Lakes. The race is designed to promote health and wellness for children and is sponsored by The Franklin Lakes Recreation and Parks Department and the Wyckoff Family YMCA with the support of the Franklin Lakes Mayor’s Wellness Campaign and the Indian Trail Club. Four age groups will compete as follows: those age eight and under will complete a 75-yard pool swim and one-mile run; those who are nine to 11 will swim 200 yards in the pool and run two miles; competitors who are 12 to 14 will Register for ‘Splash and Dash’ event swim 400 yards in the lake and run 2.5 miles; and those who are 15 and 16 will swim 600 yards in the lake and run three miles. All participants will receive a T-shirt. Prizes will be awarded to the top three competitors in each age category and to the top three relay teams. Fees are $50 per individual, and $65 for relay teams. The race is limited to 150 participants. Sponsorship opportunities are available. Call Nancy at the Wyckoff Y at (201) 891-2081 for registration and sponsorship information, or download forms from www.wyckoffymca.org. Proceeds will benefit the Franklin Lakes Recreation Department and the Wyckoff Family YMCA. Championship Golf, Tennis, No Crowds On Fripp Island, South Carolina ������ FOR RENT ���� By participating in this very special supplement to The Villadom TIMES, you’ll get the selective exposure you need in 56,000 households in your market area. Publication Date: Wednesday, June 22 Advertising Deadline: Wednesday, June 15 Waterfront house on Fripp Island, SC (near historic Beaufort and Parris Island). Ranch style with extended large deck overlooking the ocean and own beach access, screened porch, 4 BR, 2½ baths, full kitchen, great room with fireplace. Satellite TV, internet, wash/dryer and gas grill. Sleeps 8-10. In gated community featuring 2 championship golf courses, tennis, marina and more. Two amenity cards included; add’l cards may be purchased. 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