Wantage

Press Release

WANTAGE TOWNSHIP REACHES SETTLEMENT IN LAKE NEEPAULIN DAM ISSUE
Township of Wantage, September 14, 2010

The Mayor and Committee of the Township of Wantage have reached a settlement agreement with the Friends of Lake Neepaulin, regarding the issue of repairing the Lake Neepaulin Dam.

The members of the governing body make it clear that in 2007, the Wantage governing body was presented with a problem they did not create, to fix a dam they did not own, and were given options for a solution that would lead to a lawsuit no matter which option was chosen.

Given this unprecedented situation in the State of New Jersey, and after three years of legal entanglement, public input, and settlement discussions, the 2010 governing body of Wantage has reached the following conclusions:

  1. It is in the best interest of Wantage Township that Lake Neepaulin continue to exist. While the actual negative impact of draining the lake is open to debate and discussion, there are three inescapable facts: no one can know for sure whether or not these negative consequences would happen unless the lake were drained; by then it would be too late to change our minds; and if the negative consequences did occur at that point, the single most important lifetime investment of hundreds of Wantage families would be destroyed. That is a risk that we, as the elected representatives of Wantage Township, choose not to accept.
  2. Based on an NJDEP order, for the lake to continue in existence, the dam must be repaired. Efforts have been made to convince the NJDEP to lift its order, but those efforts have fallen on deaf ears. This, then, leaves only one relevant question: who will pay for the dam repair?
  3. As a matter of common sense and common fairness, FOLN, being the owner of the lake, should pay for the entire cost of the dam repair. As a matter of reality, however, FOLN is not going to do so. We cannot determine which of those factors are true: are they capable but not willing, or do they truly not have the financial capability? - But to preserve the continued existence of the lake, we must conclude that it is a fact: FOLN will not pay for the entire cost of repairing the dam.
  4. If a majority of Wantage citizens wished to own the lake, then the cost of repair to the dam could be undertaken as a general improvement capital project, paid for through a general bond ordinance and repaid by all Wantage taxpayers over the next 20 years. However, there is currently no evidence to support a conclusion that a majority of Wantage citizens desire to own Lake Neepaulin.
  5. Since, at this time, no evidence exists to support public ownership of the lake and consequent town-wide cost burden for fixing the dam, the remaining option for action is to require FOLN to pay for a portion of the dam repair, and then follow existing state law for the remainder of the cost, which involves a special assessment upon the Lake Neepaulin neighborhood.
  6. The 2010 Wantage governing body believes the minimal acceptable proportion of cost responsibility as a condition of co-signing the loan is for FOLN to accept 10 % of the loan repayment, and to pay one year’s worth of loan repayment in collateral protection. FOLN is willing to accept this level of responsibility for its continued ownership of the lake, with the support of the governing body.
  7. Additionally, the governing body has requested that FOLN agree to give title of ownership for the Lake to Wantage Township in the event that their organization becomes insolvent. This, at least, will relieve the question of who will own the lake in that eventuality, and will preserve the ability of the governing body to meet Goal #1 as described above. FOLN has agreed to this condition, as well.

posted 9/14/10