During a special meeting of the Nichols Village Board of Trustees Thursday, a heated debate sparked over the proposed Kirby Park well following comments made by Mayor Doug Horton regarding Monday’s public meeting held by United Water of Nichols.
The meeting was to educate the public on the studies and research that has been done that led to the decision of the Kirby Park placement of the well, along with the current scope of the project.
Horton announced at Thursday’s meeting that he wasn’t convinced. Showing a draft document regarding the Kirby Park well sent to the village and other entities involved from attorney Jeff Jacobs in June 2007, Horton said that under the covenant not to pollute that it read that the village would not pollute, nor would allow any entities to pollute within a 200 foot radius from the well. Among pollution’s listed were excretions, agricultural and petroleum materials.
Horton noted that the listed radius would encompass approximately 15 feet into the practice field, the whole tennis court and nearly a quarter of the newly paved court, 35 feet in the playground area, land near the Wappaseening Creek, and part of the soccer field.
“This means this cannot be blacktopped, a car cannot be parked on it (and) any secretions of animal waste (cannot be in that area). We would not be in compliance with the easement,” said Horton.
Trustee Lynn Vestel noted that at the recent United Water of Nichols public meeting, Manager J. Allan Watkins said the 60 feet of ground soil would act as a natural filter for contaminants.
Village Planning Board Chairperson Dot Richter also questioned the 200 foot radius Horton presented based on the announcement at the UW-N public meeting that it was a 200 foot diameter. She added that the diameter listed in Horton’s document from Jacobs could have resulted from a misunderstanding.
“Which completely gets you away from the playgrounds and more away from the soccer field,” said Richter. “You’re really only talking about the tennis court at that point, if anything.”
Horton again referenced the 2007 document and further responded that at the meeting only generalities were presented.
“They talked about drilling wells up at Vischer’s (near the Pennsylvania border). When did they drill wells? They just got dirt. They drill behind my house they’re going to get dirt. What kind of water? They talked about going to the legion, that they contacted them about a new well,” he said. “I contacted the legion. At 35 years ago they went to the legion and asked to buy the property, they were going to buy the property to get free water. Nobody’s done anything for 35 years.”
Vestel contested the validity of Horton’s statements, saying both village officials and UW-N contacted the American Legion post nearly three years ago about a proposed well.
Horton stated that Vestel’s comments were just hearsay and innuendo without paperwork to back them up, to which Richter responded that what Horton was saying was the same.
Regarding Horton’s criticisms regarding lack of documentation for nitrate levels, planning board member and former mayor Barb Crannell reminded him that he had said he would get that paperwork and UW-N had said it would be no problem.
Horton responded that he would have to use the Freedom of Information Act, which he felt was drastic.
Vestel said he was just being hard headed.
“Listen, I have a (personal) well. I’m fighting for this community,” said Vestel.
Horton then suggested possibly installing a treatment facility to bring the Johnson Street well back on-line, which was decommissioned due to a gasoline spill that compounded already high nitrate levels in 1994. UW-N had stated at the meeting this option wasn’t possible following their studies.
Horton also expressed concern regarding the new well’s absence on past meeting agendas, to which Vestel and Crannell reminded him that the planning board meetings were open if he wanted that information.
The site plan review is currently being handled by the planning board, which will then sign off and submit the final portion to the village board for approval before the installation of the well.
“How come you’re the only guy against this and everybody else approves of it?” Trustee Don DeWitt asked Horton. “There’s been no shake up in this village except you. Everybody else has gone along with this deal, everything was going smooth until you took over.”
Horton added that there are others concerned about the well besides him.
“Even Allan Watkins doesn’t like the spot but that’s all he’s got,” added Park Supervisor Will Cass, who noted that he previously had some reservations about the well as he is a lover of the park.
“This will come to a referendum and the people will vote, then Mr. DeWitt’s question will be answered,” said Horton. “That is my decision and hopefully that will be the board’s decision.”
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Matt Hicks can be contacted at matthicks@morning-times.com


