18 Herakl & Lantern 31 October '84

Sewerage District No. 1: A Presentment

• From Page 17) The Minutes of the September 1, 1983 meeting indicate that those in attendance were the Solicitor, the licensed operator, the engineer A1 Herman. Fred Schmidt and Thomas Repici. Mr. Schmidt and Mr. Repici were associated with the development of the nursing home. There is no indication that Mr. Mayer was present. Two resolutions were passed that nigh) One granted a sewer treatment allocation of 12,000 gallons per day for the proposed nursing home. It provided that the expense of extending the sewer line would be at the developers' expense. The second resolution authorized. an application be made to the State to extend a sewer line in the propped East Romney housing development, a project with an estimated sewer usage of 5,770 gallons per day. Michael Vistenzo had determined sometime in July or August that the treatment plant could handle additional capacity. This was based, as indicated previously, upon the recent flow readings The purpose of the September 1st, 1983 meeting, according to Michael Vistenzo, was to consider the nursing home's request for sewer connection. However, there was no formal request ever filed. During this same time period, informal discussions were being held between Michael Vistenzo and Jamesway representatives regarding their request for a sewer connection. Yet, when the meeting was set for September 1, 1983 to consider new applications for sewer services, no one informed or noticed the Jamesway representatvies, or anyone else who had previously sought sewer service, of that crucial meeting. For the first time in over twelve years the Sewerage Commissioners were going to consider applications for new sewerage service and only a few select people were aware of it. In fact, LeRoy Westcott, the Clerk of the Sewerage District, was not aware of what the September 1st meeting was for until he showed up. No agenda had been prepared nor was the subject matter of the meetings disclosed to the other members. In addition, the review of the Romney East development was totally new. There is no record of any previous application or correspondence relating to that development in the records or Minutes of the Sewerage District. Michael Vistenzo's first knowledge of even the existence of such a proposed development was only within the previous six weeks. Yet, Thomas Repici appeared at that special meeting on September 1, 1983, was able to make a presentation to the Commissioners. The Commissioners authorized an application be sought to extend the sewer main in order to serve the proposed housing development of 19 new homes. An application for the extension of a main sewer line must be approved by the Department of Environmental Protection. That application was prepared by the Sewerage District's engineer, Alvin Herman, P.E., and submitted on September 22, 1983 to the Department of Environmental Protection. A part of the applicaton must contain the Township's approval for the sewer expansion. On September 28, 1983 Mayor Michael Voll signed a letter stating that he does not object to the extension of the sewer line. Mayor Voll indicated he was only informed about the generalities of the development He was not informed in any way by the Sewerage District about the sewerage treatment plant's capacity, the expected additional flow from the development or of any other proposed sewer expansions He merelysigned a leUer put in front of him by Michael Vistenzo. On September 29, 1983 Marie Lorenzini, a representative of the Jamesway shopping complex, met with Michael Vistenzo. AI Herman and Charles Adelizzi, a CountyHealth Department employee, regarding the possibility of sewer service being extended to Jamesway. The Jamesway shopping center borders on Magnolia Drive and is directly across from the proposed nursing home Although there was a general discussion related to Jamesway sharing the expense of the sewer expansion with other businesses in the area, including the nursing home, she was not informed that an allocation for sewer had already- been granted to the nurisng home. Marie Lorenzini left the meeting with the understanding that Jamesway would be able to hook into the District's sewers but that the details about where the line would run and what the cost would be was to be supplied by Mr. Herman. Shortly thereafter, she informed Michael Vistenzo that the owners 1 of the shopping center certainly did want S

to obtain sewer service and that they were B willing to pay the estimated cost for it. A e formal application, dated October 19, 1983, r. was forwarded to the Sewerage CoramisIt sion. Despite numerous requests, no response to the application was ever y made. Apparently the Sewerage Commisi- sioners took no action on the application until the next meeting. April 11, 1984, when [. it denied the application n Word started filtering throughout the d town that suddenly- hookups to the sewer e system were being considered, and ape proved, after a twelve year moratorium, h Dr. Judson, who owns a medical building 0 across from the Jamesway shopping center, wrote to the Sewerage Commissioners on October 7, 1983 seeking to forf mally apply for a sewer connection. Despite his request that an application J form be forwarded to him, there has never been a reply or response to his letter or request. During November and December, other businessmen wrote to the Sewerage Commission requesting consideration for sewer service. They were not replied to either. However, one application dated October 1 20, 1983 was granted. This was for a singlefamily home owned by Romney Associates, the developers of Romney East housing project. This home was-fnTBk neighborhood of the proposed 19 home development that was to receive the sewer extension per the September 1. 1983 resolution. Oddly though, the building permit application was submitted to Michael Vistenzo, as the Construction Official, on August 17, 1983 and a petoriit was immediately issued. That application, as does the application for a plumbing permit submitted to Michael Vistenzo, indicates that the home is to be connected to the public sewers. This does illustrate that either the Sewerage Comissi oners do act informally and not at meetings or that Michael Vistenzo solely grants approvals. It gives an appearance that certain individuals receive quicker attention than others and can give the wrong impression to the public of favored treatment. The application for construction of the sewer extension for the Romney East development was approved on November 17, 1983 by the Department of Environmental Protection. Construction commenced in late December 1983 by F.W. Shawl and Sons. Shawl had been contacted by William Tozour previously regarding this project. William Tozour is a partner in Romney Associates. Wayne Shawl received the plans and specifications from Alvin Herman, P.E.. who had staked out the construction job. Shawl laid a sewer main in the proposed dirt road and 19 sewer laterals to the lots on which homes were later to be built. Shawl never reviewed any permits for the work he was doing. He assumed that was the function of the consulting engineer. Herman supervised and inspected the construction, either personally or through one of his employees. The construction lasted only a few weeks. An air test was conducted when the sewer main and laterals were all installed and connected to the existing sewer line. Al Herman certified the test and that completed the project. However, during the construction Thomas Repici, a partner in Romney Associates, contacted Shawl and requested that another lateral be connected to the Hy-Land Motor Inn. Thomas Repici

i is the owner of the Hy-Land Motor Inn, i which is located on the rear adjoining land to the Romney East development. The motel itself is located approximately 400 ) feet from the roadway wherein the sewer extension had been installed. The lateral had to go through woods and around to the i front of the motel. i The lateral to the motel was not on the plans Shawl received from Al Herman, s The actual installation of that line was done after the air test was certified by Herman and the inspectors were off the job site. No permits or approvals were obtain- ; ed or shown to Shawl. Thomas Repici paid Shawl directly for the line to the motel. And, for the present, no one else appeared to be aware that the Hy-Land Motor Inn had been connected into the sewer line. The Department of Environmental Protection issued a permit on February 2, 1984 to the Sewerage Commission for the operation of the sewer extension located in the Romney East development. The original application and the operation permit indicateihat the proposed 19 homes will add only ,5.770 gallons per day to the sewer system. tfrTTeEruiry 17, 1984 the Cape May County Emaronmental Council, an advisoty bpdy, wrote to the County Health v Department regarding the Middle ^-Ttfwnship Sewerage District No. l The Council had earlier inspected the sewer plant and reviewed certain records. The Council was of the opinion that there should be a review of the Sewerage ^District whereas there appeared to be a serious problem relating to the effluent from the plant. They also raised concern about the apparent overload of the sewer system and recommended that no newconnections be allowed. The County Planning Board also contacted State, County and Township agencies regarding the adequacy of the sewer treatment plant and recommended an early monitoring of the plant. A local newspaper ran an article on March 14, 1984 regarding the effluent from the sewerage treatment plant. That article, apparently for the first time, made the public aware of the sewer problem in the Court House area. Then, on April 4, 1984, the newspaper ran several front page articles regarding the sewerage capacity problem. It raised in depth questions relating to the nursing home application, the Romney East sewer extension, the HyLand Motor Inn hookup and the Sewerage Commission itself. The Sewerage Commissioners suddenly held a meeting on April 11, 1984. over seven months since their last meeting. This was obviously a special meeting, but again without the Minutes reflecting the reason. The Minutes reflect many routine matters being taken care of; i.e., approving a budget for 1984; salaries, bills, supplies delinquent accounts. The letters from the businessmen written in the Fdll of 1983 were read: Mr. Mayer and Fred Schmidt appeared and requested that the nursing home allocation, which expired March l 1984, be extended. The Commissioners indicated that all hookups were to be put on hold until a meeting with the County Health Department could be arranged and the capacity problem reviewed. A Health Department letter requesting that Jamesway be given first priority- was read and tabled. A closed session was held regarding the

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Hy-Land Motor Inn's hookup. Afterward, j the Commissioners directed that the motei . must disconnect. I Finally, the Commissioners directed thier eingineer, Al Herman, to arrange for I someone to inspect and review the flow at the sewer plant. It was also decided that meetings would be regularly held on the fourth Wednesday of every month and that the Solicitor would inform the newspapers accordingly. On April 9, 1984 Thomas Repici had written the Sewerage Commission requesting permission to hook up the Hy-Land Motor Inn. After the meeting on April 11th, an attorney for Thomas Repici requested that the Comissioners reconsider their order that the motel be disconnected. An application dated April 18, 1984 relating to the motel was submitted on April 21, 1984. The application was denied pending further review- of the treatment plant's capacity. Wayne Shawl, contractor for Thomas Repici, removed 20 feet of pipe from the motel connections to the Romney East sewer main. IV FINDINGS AND RECOMMENDATIONS The Grand Jury has examined many facets of the Sewerage District. The findings and recommendations reflect the opinion of the Grand Jury that the Sewerage Commission plays an important ' role in determining the future of Cape May Court House. In making decisions, the Sewerage Commission must balance many competing interests including the physical limitations of the sewerage piant, the anticipated construction of the Cape May County Municipal Utilities Authority sewerage treatment plant in this region, the need to preserve the environment, the need to recognize the concerns of the businesses and the building and trade industry, and also the need to provide a safe, sufficient sewerage service to the people. The specific findings and recommendations of the Grand Jury are presented in three sections. The first section concerns the operating procedures of the Sewerage District. The second section concerns the proposed expansion and additions of the Sewerage District. The third section contains general observations and recommendations of the Grand Jury. A. OPERATING PROCEDURES OF THE SEWERAGE DISTRICT The Grand Jury has examined the operation and maintenance of the Sewerage District by the Sewerage Commissioners and its staff. Though Cape May Court House may Have been a quiet, small town at one time, since it is the County seat its growth could have been anticipated. The Commissioners operate as an informal authority. Until 1974, meetings were held in the home of the Secretary. There are no formal guidelines for the operation of the sewer system or the conducting of business. Times, customs and the laws have changed and advanced. The Sew erage District did not : The Grand Jurymakes the following findings and recommendations : (1) The Grand Jury' finds that the Sewerage District has been burdened with an old, small sewerage system. The treatment plant has its limitations. The Commission has made attempts to upgrade the treatment plant. The plant was operated as well as could be expected. However, with growth coming to the area it is the Commissioners responsibility and duty to maintain a sewer system for the district. If that meant expanding, replacing or modernizing the system, it should have been- done. The County Municipal Utilities Authority was not created until 1972. Thus even before that time, studies showed that the plant was substantially overloaded and should have been remodeled or even abandoned A flow meter was installed in 1977. The operators performed their duties in operating the plant, maintaining the system and preparing required reports and records. But, the Commissioners were lax in not reviewing the reports and records. When the meter was broken, it once took eighteen months to repair. That meter was a crucial instrument. It provided the only means for the Commissioners to determine the flow that the plant was receiving and, therefore, the means for determining whether the plant had the (Page 20 Please)