Tennis Compromise Loosens N. Caldwell Tension

As tennis season gets into full swing, North Caldwell's governing body passed an amendment to an ordinance during Tuesday night's conference meeting that will allow residents to continue using their own private instructors on municipal courts.

While these kinds of ordinances usually pass without a hitch, this particular amendment to an ordinance regarding sales of merchandise and services on public parks and lands set restrictions on the use of tennis pros on the municipal courts.

After a lively public hearing on the ordinance on May 25 resulted in the governing body tabling a vote, council passed an amendment Tuesday night by a 5-to-1 vote that will allow residents to use instructors of their choice, but will pose a $15 administration fee to those instructors for each hour on the court.

Councilwoman Cynthia Santomauro, chairwoman of the recreation committee, opposed the amendment because she felt it remained broad and left too much open for interpretation.

Mayor Mel Levine asserted that the initial purpose of this ordinance modification was to provide the town more control of the tennis courts and protect the citizens from unwanted solicitation.

Yet, the public felt that prohibiting the use of private tennis pros of their choice infringed on their civil rights. The governing body listened to the public last month and came up with what they feel is a fair compromise.

"I am so pleased that we were able to consider the comments that were made and modify some of our original plans to address some of the concerns that were raised," Levine said.

"At the outset of our review of the existing tennis program this spring, we have a number of goals. Our last meeting convinced me that these goals were shared, not only by those who spoke but those who did not speak, and even those that did not attend the meeting who I have spoken to over the past few months around town."

According to Levine, the goals included generating more revenue for the borough, providing better control of the courts and a more comprehensive tennis program to members.

"We had three goals," Levine said. "One was to increase the revenue to the town from those who used the courts for their own extremely profitable business—providing tennis lessons. In this way, the cost of maintaining the courts would at least be partially born by those profiting from using them.

"Two, to ensure a better recreational experience by controlling the use of the courts for lessons. Three, create a better tennis program for our tennis members by giving them the chance to participate on teams and leagues, offering social events centered on tennis and by providing other activities."

The borough has reached an agreement with West Caldwell's Tiger Tennis and Fitness' Elite Tennis Academy to these daily lessons, clinics, leagues and activities.

If a tennis member chooses to use a different instructor, that pro must provide a certificate of insurance and Elite will be required to do a background check on that person. In addition, the pro must meet the requirements under the provisions of the ordinance before access to the courts to provide lessons is granted, Levine said.

The instructor will also be required to pay an administrative fee of $15 per court hour to Elite, which will control lesson scheduling of the courts.

The North Caldwell Recreation Department will now schedule court time for those playing with non-professionals. The scheduling of court use and the push-button locks on the gate doors have been implemented to provide more security and control over those using the courts.

Scott Wlodychak, of Fairfield Racquet Club, was concerned if the private instructors would need to sign a legally binding contract with Elite to use the courts.

Borough Attorney David Paris assured him that no contract would need to be made with Elite. After approval, the only contact with Elite would be in regard to scheduling.

In addition, Levine pointed out that since the borough's agreement with Elite lasts only through the end of the tennis season on Nov. 1, these programs are not permanent and future changes, if necessary, can be made.

"What we are trying to do is intended to benefit the town as a whole as well as provide a better experience for the tennis membership," Levine said. "Will this year's program be perfect? Maybe not. Will it be better than the past? I have no doubt that it will be better than what we have. Will we learn from our experience this year and do even better next year? We absolutely will."