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Eldred revises water extraction ordinance

Eldred Township supervisors on Wednesday dealt a blow to Nestle by amending an ordinance to change where water extraction and bottling are permitted in the township. The motion will allow extraction in the industrial zone and not in the light manufacturing zone, where it currently is permitted.

Eldred Township held the public meeting at the township community center to take public comment on the possible revision of township ordinance 303 and to also get public input on the renewal of the lease to Nestle Waters NA.The ordinance, which was amended in 2014, has been the focal point in the war between the majority of the residents of Kunkletown and Nestle Waters NA and Gower Estates. An appeal has been filed in the Monroe County Court of Common Pleas by a handful of residents claiming that the ordinance was illegally amended solely to permit the extraction by Nestle.The appeal was brought against Eldred Township. The township has however decided not to defend the appeal. In the meantime, Ricky Gower and Gower Estates, the owners of the property being leased to Nestle, have filed a petition to intervene and defend the ordinance. A hearing is scheduled for March 31 to determine if Gower will be permitted to intervene.Eldred Township belongs to a regional planning board made up of Chestnuthill, Jackson, Eldred, Ross and Polk townships, known as CJERP. The ordinance as it was adopted in 2014 is inconsistent with the regional plan. The regional plan permits water extraction/bottling in the industrial zone. The Eldred modification, the adoption of which is at question, permits the extraction/bottling of water in the light industrial zone.Several times last year supervisor Mary Anne Clausen made a motion to send the ordinance back to the planning commission to determine if it should be amended to be consistent with the other townships in CJERP. Both times the motion failed due to no second.In January, after a new supervisor, Joann Bush, took office, Clausen made the motion again. This time Bush seconded the motion and the public meeting was scheduled.The meeting was conducted by the township's Special Counsel for water extraction, Paul Cohen. Cohen started the meeting by acknowledging the exhibits that were being entered into the record, including recommendations by the Eldred Township Planning Commission and the Monroe County Planning Board to make the amendment to the ordinance.Public comment consisted mainly of residents in favor of the amendment of the ordinance."What we had here was collusion," said Gary Hoffman. "The planning commission was thrown under the bus by the previous board of supervisors. These gentlemen and lady have worked hard to fix this."Nestle's Mid-Atlantic Region Natural Resources Manager Eric Andreus also addressed the board. Andreus' statement centered on the dangers of possible contamination when water extraction is moved to an industrial zone and away from safer, clean ground water. Andreus urged the supervisors to consider the written statements provided by Nestle before taking a vote.At the end of public comment, Clausen made a motion to amend the ordinance to permit water extraction/bottling in the industrial zone and not in the light manufacturing zone, where it currently is permitted. The motion was approved unanimously.The second issue considered was if the township would renew the lease of Nestle Waters for its office located in the community center."I don't think we should rent them anything," said Lisa LoMonaco. "Nestle has put this town through enough."A lot of the residents' comments centered on the question of what the purpose of the community center really is."Do you want to be landlords?" asked Doug Borger. "Or do you want a community center? Which is it?""I find your bringing this up at this meeting, an insult," said Vernon Barlieb. "Why are we even considering this?"The discussion was actually tabled because the supervisors are looking for a legal opinion from Cohen as to any liability the township might incur if it refuses to renew Nestle's lease. A decision will be made at the April 13 Board of Supervisors meeting.

Eric Andreus, of Nestle Waters NA addressed the board at a public hearing regarding amending the ordinance to move water extraction to the industrial zone. JUDY DOLGOS-KRAMER/TIMES NEWS