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Page 6 THE VILLADOM TIMES I • October 9, 2013
Franklin Lakes
Borough adopts amended building use ordinance
by Frank J. McMahon
The Franklin Lakes Council has adopted an amended
ordinance intended to control the use of the meeting rooms
at municipally-owned buildings. The ordinance also
imposes a $50 room use fee, from which charitable organi-
zations will be exempt.
The balance of the ordinance adds building use policies
to the borough code. Those policies pertain to the use of the
borough hall on DeKorte Drive, the firehouses on Bender
Court and Franklin Lake Road, and the ambulance corps
building on Bender Court.
The original ordinance was introduced in July and was
expected to be adopted at the August council meeting, but
representatives of several non-profit organizations appealed
to the governing body to exempt their organizations from
the fee. At the September work session, the council agreed
to the exemption.
Members of the Franklin Lakes Woman’s Club and the
Valley Hospital Auxiliary told the council they are 501c3
nonprofit organizations, and they asked that the $50 fee
be waived for their meetings. Both groups explained that
it is getting harder to raise funds. They described the vari-
ous expenses their organizations incur and said they do not
believe the $50 fee should apply to 501c3 nonprofits.
Mayor Frank Bivona had emphasized that the fee is
intended to cover the cost of operating and maintaining
borough facilities built with taxpayer money. He pointed
out that fees are also charged by the borough for services
such as those for all the children who play on the recreation
department’s sports teams so taxpayers are not charged for
those services.
Bivona claims the borough takes in about $800,000 in
fees each year. If those fees were not collected, he said, tax-
payers would see an increase in their taxes. But he agreed
that charitable organizations should not have to pay the
fee. The ordinance permits borough hall to be used only by
borough boards, committees, and commissions, or subcom-
mittees of those groups. The borough’s mayor and council
may, by resolution, allow use by other organizations or per-
sons in accordance with such terms and conditions as may
be set forth by the governing body in the resolution approv-
ing that use.
Members of the Franklin Lakes Fire Department are
permitted to use the meeting rooms at the borough’s fire-
houses for personal use and parties at no cost to those mem-
bers, provided the member is present at the event.
Firehouse meeting rooms may also be used by borough
boards, committees, and commissions, or their subcommit-
tees. The governing body may also allow the use of these
meeting rooms by other organizations or persons.
The ordinance will restrict the use of ambulance corps
building as follows: The large meeting room may be used
by members of the Franklin Lakes Volunteer Ambulance
Corps for official ambulance corps business and training,
and for personal use and parties by members, at no cost to
members, provided the member is present at the event. That
meeting room may also be used by borough boards, com-
mittees, and commissions, or their subcommittees, and
may be used by other borough organizations and groups
for meetings only, subject to certain rules and regulations.
Those rules and regulations require that borough orga-
nizations and groups must be organizations and groups
that have residents of Franklin Lakes as a majority of their
members. A list of organization or group members by
municipality must be submitted with the application upon
request. The rules and regulations also require that an applica-
tion for use of the large meeting room at the ambulance
corps building must be submitted to the borough clerk’s
office at least 30 days prior to the meeting; the maximum
occupancy must be 120 people; and the fee for the use of
the room will be $50 per meeting; except that charitable
organizations or groups which qualify as 501c3 nonprofit
organizations and have residents of the borough as a major-
ity of their members will be exempt from that fee.
The use of the large meeting room at the ambulance
corps building by other borough organizations and groups
may not interfere with ambulance corps’ use and all
organizations and groups must provide a “hold harmless
agreement” and proof of insurance in accordance with
recommendations of the borough’s risk manager. Those
groups or organizations must also provide proof of liquor
liability insurance when applicable, although the govern-
ing body may waive the requirement for the liquor license
liability insurance.
The ordinance explains that the use of the building by
the ambulance corps for official business and training must
be given top priority in allocating the use of the large meet-
ing room. The use of the building by borough boards, com-
mittees, and commissions, or their subcommittees, must
be given next priority; and all other groups must be given
priority on a first come, first served basis.