Twp. to help out condos on plumbing emergency
Synthetic material used in complex's piping has eroded
BY JENNIFER AMATO Staff Writer

"The money has to be borrowed, but both the principal and interest will be paid for by the Belcourt owners." - Francis "Mac" Womack Mayor

NORTH BRUNSWICK - An ordinance appropriating $2.15 million in bonds or notes for the replacement of a faulty piping system at the Belcourt condominium complex on Schmidt Lane will go before the Township Council on Monday.

If adopted on its second reading, the measure would have the township effectively pay for the repairs of the polybutylene water piping system up front, with residents paying back the funds over a set period of time. Breaks in the water supply system in the Hidden Lake development are tapping into the condominium association's capital reserve fund, making it difficult for homeowners to fund the repairs and replacements themselves.

"The money has to be borrowed, but both the principal and interest will be paid for by the Belcourt owners," Mayor Francis "Mac" Womack said. "By doing it this way, it allows the acquisition of money at a lower rate than the association can get themselves, or at least for a longer time than the association could do."

Polybutylene, a form of plastic resin, was installed in buildings across the country between 1978 and 1995. The piping has consistently failed by succumbing to erosion, remaining hazardous to building structures and personal property where it was installed. The problem in North Brunswick exists between the 8-inch cement-lined ductile iron pipe water main and the individual condominium unit internal plumbing systems, according to a letter from Michael Mc- Clelland, the township engineer, in June.

McClelland noted that the cause of the pipe deterioration is most likely from oxidants in the water as well as increased usage of chemicals like chlorine and bacteria-fighting ingredients that are used to treat potable water. The polybutylene reacts to the oxidants by becoming brittle, thus causing tiny cracks in the pipe wall. The solution seems to be upgrading from polybutylene to the more traditional and reliable K-copper water service.

The concern lies in high costs because of the interior structure work necessitated by this project, bankrupt manufacturers, and limited home warranty coverage because of the timelapse since the pipes were originally installed. The council passed a resolution last year in support of proposed legislation to provide interest-free loans from new home warranty funds to replace the piping, but bill A-2966 has still not advanced out of a Senate committee. Also, because of a federal class-action lawsuit filed in 1995, before any North Brunswick residents noticed water problems, the township has become the victim of premature pipe failure but do not have any recourse to defray the expense of replacing their water service piping," according to the resolution.

"It is not the owners' faults the pipe is deteriorating with the chlorine, but the manufacturers and other liable parties are protected by the class action suit that was previously filed and now closed. The builders were following acceptable standards when they used these materials at the time and subsequently are not subject to loss or recovery," Womack said.

The Belcourt condos were constructed in the early 1980s. The complex is comprised of 11 buildings with a total of 165 units. Thus far, water services to 23 units have been replaced and the other 142 will ultimately require water service replacement work, according to CME Associates. The estimated design and construction costs would be between $1.55 million and $1.95 million, or roughly $11,000 to $13,750 for each of the remaining 142 unit owners.

Despite the township borrowing the money initially, the funds are not on the expenditure side of the budget but instead become part of debt services, according to Womack. However, the only people responsible for returning the money would be any owner of a property of Belcourt, who will have the rate added to their tax statement.

"It is an option for the township to refuse to help the people of Belcourt, but because the township at this point is in a solid financial position with a good bond rating and the ability to borrow bonds, and because it happened to these people by no fault of their own, and because they will be repaying every penny of it with no [negative impact] to other residents, I believe strongly that this is the right thing to do," the mayor said.

Although Belcourt is the first section of town to file complaints, Womack said other areas could also be affected. He said the township is willing to help anyone in need, as long as the township is in a position to do so and the residents are accepting of the offer.