Lake Neepaulin is the name of a privately owned lake. The R2 zone is an area of Wantage Township in close proximity to that privately owned lake. This website presents factual information, a chronological paper trail of documents, beginning with the acquisition of Lake Neepaulin & its dam (Block 69.01, Lot 40 & its beach (Block 69.02, Lot 55) by the Friends of Lake Neepaulin Inc. (FOLN) up to the present day, & the reasons why there is controversy over repair of the Lake Neepaulin dam.
Superior Court Judge B. Theodore Bozonelis' decision on Friday, May 14, 2010 effectively forces all New Jersey municipalities that have privately owned dams within their borders to forever indebt their taxpaying citizens to bear the financial burden of the repair, upkeep and maintenance of those privately owned dams.
* Page 1 of 1 - II. Purchase & Development of Facilities
Item 3. on this page from FOLN's website indicates that "Seventeen individuals contributed a total of $33,000 for the purchase of the properties and $5,000 for lawyer's fees. To date, none of the individuals who donated money has ever been repaid for the contribution nor has any individual ever received a personal profit from the acquistion."
The information in the link above indicates that FOLN "purchased" Lake Neepaulin for $33,000.00; however, the following three links indicate that FOLN "acquired" the beach lot via deed transfer in 1999 for $1.00 & "acquired" Lake Neepaulin & its dam via tax sale in 1999 for $3,000.00 & subsequent foreclosure in 2001 for $1.00 for a grand total of $3,002.00.
* Beach Lot Deed
Deed from the Sussex County Clerk's website indicates that FOLN acquired the "Beach Lot" for $1.00 on 7/21/99 from Lake Neepaulin Country Club Inc., Amelia Zummo President, Thomas Zummo Secretary.
* Tax Sale Certificate #6-87 - Lake Neepaulin
Tax Sale Certificate Assignment (from the Sussex County Clerk's website) indicates FOLN paid only $3,000.00 to Wantage Township on 9/30/99 when the actual delinquent taxes owed at the time by Neepaulin Recreation Inc. was $20,855.91 (figure provided by Wantage Township Tax Collector's office) for Lake Neepaulin & its dam.
* Foreclosure - Lake Neepaulin & its dam
Civil Action Final Judgment of Foreclosure from the Sussex County Clerk's website indicates that FOLN paid only $1.00 on 1/25/01 to foreclose against Neepaulin Recreation Inc., et al & acquire ownership of Lake Neepaulin & its dam.
* November 2003 General Election Public Question No. 3 - The wording of this public question does not inform the public that they could be assessed to repay a loan to rehabilitate a privately owned dam located within their municipality's borders if the "Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003" is approved.
* 2007 Wantage Township Mayor & Committee Minutes - Please read the minutes of 1/18/07, 2/8/07, 2/22/07, 5/10/07, 6/12/07, 9/13/07, 9/27/07, 10/11/07, 10/25/07 & 11/08/07 in their entirety for yourself, as the following is excerpted information & comments that pertain to FOLN & rehabilitation of the Lake Neepaulin dam & which reflect FOLN's initial contact with Wantage Township regarding rehabilitation of the Lake Neepaulin dam & what transpired in between & up until the announcement of a special meeting on 11/12/07 that "will give the public an opportunity to express their concerns to the Committee". Again, please read the minutes in question for yourself in their entirety.
* 1/18/07 Minutes - Mr. Doherty, Township Administrator initiates discussion regarding correspondence from FOLN concerning the need to rehabilitate the Lake Neepaulin dam. Mr. Parrott, Committeeman, suggests that "Lake Neepaulin" (FOLN) look into having a fund raiser with all vendor proceeds going towards engineering costs associated with the rehabilitation. Mr. Doherty explains he would be happy to provide park & vendor info to FOLN.
* 2/8/07 Minutes - Mayor DeBoer calls the Work Session to order & invites representatives of FOLN to address the governing body regarding rehabilitation work on the Lake Neepaulin dam. Tom Jable asks the Committee's help regarding rehabilitation of the Lake Neepaulin dam. After discussion regarding ways in which the Committee could assist FOLN with projected costs, the Committee agrees that the best alternative would be to assist FOLN in bringing their plight to the attention of all residents. The Mayor reiterates that the Committee will help in any way to get their (FOLN's) message out to all residents via the next newsletter or by forwarding concerns to Senator Littel, Assemblyman Garrett & Assemblywoman McHose. An unknown/unnamed "resident of Lake Neepaulin" (resident of the R2 zone of Wantage Township) voices his concerns of the effect draining Lake Neepaulin would have over the entire Township. Mr. Doherty explains that if the ultimate decision of the NJDEP is to remove the dam that the matter would then become a town-wide issue & addressed in a comprehensive forum of residents & taxpayers to determine the best course of action to preserve the well being of the Wantage community.
* 2/9/07 New Jersey Herald Article - Wantage group looks to save local dam - Page A7 & Dam (continued) - Page A8 - Please read the entire article for yourself. This article reports that "Ten years ago, a group of 17 homeowners paid $36,000 out of their pockets to buy Lake Neepaulin, a 25-acre lake which was falling into a state of repair (sic)." The article also reports that "Tom Jable, chairman of FOLN, the group of concerned citizens who own the lake... asked the committee if they would be willing to co-sign on a loan to pay for the dam repairs." The article further reports that "Jable asked that only those 700 homeowners (living around Lake Neepaulin) be taxed" & that "all homeowners have a responsibility for the lake's care". Keep in mind that FOLN did not "purchase" Lake Neepaulin in 1997 as they "acquired" it via foreclosure in 2001, that FOLN is the private owner of Lake Neepaulin & its dam & beach & that only the Township Tax Assessor can legally make a determination as to who may be assessed. Again, please read the entire article for yourself as much of the information it contains appears to not have been discussed at the Township Meeting according the 2/8/07 Minutes.
* 2/22/07 Minutes - Mayor DeBoer calls the Work Session to order & invites Barbara Davis of the Morris Land Conservancy & various member of the Wantage Township Open Space Committee to discuss the possibility of entering into a contract with the Morris Land Conservancy for the creation of an Open Space Plan for Wantage Township. Mayor DeBoer opens the meeting to the public for questions or comments. An unknown/unnamed resident asks Ms. Davis if the Morris Land Conservancy can assist "Lake Neepaulin" (FOLN) with the repairs to the dam. This resident was informed that this property project would not be a candidate for open space funding.
* 5/10/07 Minutes - "Old Business - FOLN: Representatives of FOLN met with Mayor DeBoer & Mr. Doherty to outline a request they will make on May 31, 2007, that the Township co-sign a loan application to the NJDEP for dam repair If the loan is approved, implications involve obligating the Township to impose a mandatory special assessment on Lake Neepaulin homeowners to pay for the loan." This is the very first mention in Township minutes that the general public would be assessed to repay FOLN's loan to repair their privately owned property. Lake Neepaulin is the name of a lake. The homeowners own homes in the R2 zone of Wantage Township & pay taxes to Wantage Township.
* 6/12/07 Minutes - Old Business - FOLN Loan Application: The Committee discusses the issues of co-signing a loan application for FOLN for repair of the Lake Neepaulin dam.. that it is not fair to assess all taxpayers for repayment of this loan.. that they are not in a position to sign the loan application agreement without the ability to commit to actually co-signing the loan should it be approved.. that they cannot find a way to adequately assess individual homeowners who will benefit from the dam repair. "The Committee and Administrator suggest that FOLN hold a meeting to ascertain which residents not presently paying dues to FOLN would sign a petition committing to the repayment of the loan to keep Lake Neepaulin. The Committee offers suggestions as well as the availability of the Municipal Building Meeting Room for their efforts." No such meeting is ever held. No petition is circulated.
* 9/13/07 Minutes - "Administrator's Report - Lake Neepaulin Dam:
Mr. Doherty informed the Committee that the request by FOLN for co-signing a NJDEP Loan deserves to be given further consideration since private lake associations throughout the State and through the nation, do not have the money to make the DEP required dam repairs. The low interest loans offered by the State are the only funding available if the lake is to stay in existence. Mayor DeBoer requested that this be revisited at the next meeting."
* 9/27/07 Minutes - Old Business - Lake Neepaulin Dam: Mr. Doherty makes a presentation to the governing body regarding & details options for actions regarding rehabiltation of the Lake Neepaulin dam which centers on the question as to whether or not the governing body should co-sign FOLN's loan application for repair of the dam. Mayor DeBoer expresses an interest in receiving input for the members of the general public present regarding the topic. Mike Pellegrino (FOLN), Bob Heiden (FOLN), & Jo Smith (FOLN) speak in favor of the governing body co-signing FOLN's loan. Tom Zummo (owner of Lake Neepaulin & its dam & beach prior to FOLN's "acquisition" of these properties & who does not reside in the R2 zone) indicates his belief that there would be severe problems with private wells in the area if the lake were removed. (Mr. Zummo is not a hydrologist. A hydrology study was never performed.) Mayor DeBoer polls the general public present to ask if everyone present agrees with the proposal for co-signing the loan & there is unanimous favorable consensus by the members of the public present. (The general public present appear to only have been members of FOLN & Tom Zummo.) Mayor DeBoer suggests the importance for those members of the community who may be opposed to this action have an opportunity to offer input prior to a decision being made & suggests hlding a special meeting at a special place on this specific topic. Joy Steinbacher (FOLN) offers an update on efforts to obtain a petition of support from the residents of the R2 zone (as suggested by the Committee & the Administrator at the 6/12/07 Township Meeting) by expressing that obtaining such a petition is slow work because of the time intensive nature of the topic & the relatively small number of volunteers conducting the petition drive. Ms. Steinbacher also reports that the support of all Lake Neepaulin residents & homeowners in favor of preserving the dam has been overwhelmingly positive. (No petition was submitted to the governing body by FOLN. Support of all homeowners in the R2 zone in favor of preserving the dam being overwhelmingly positive is at the very least a misstatement, if those homeowners were not aware that they were expected to repay FOLN's loan to repair their privately owned dam. Committeman Parrott may have spoken with a hydrologist; however & with all due respect, Committeeman Parrott is not a hydrologist &, again, a hydrology study was never performed.) Peter Johr (FOLN) brings up the subject of a 1955 deed & which properties are included as a part of the "Lake Neepaulin" community. (The original "Plan of Lake Neepaulin" was effectively dissolved by Judge Reginald Stanton prior to the sale of all of the facilities by Neepaulin Community Inc. to Tom Zummo on 11/26/84.) Mayor DeBoer expresses that the governing body wishes to do what is best for all taxpayers, and it is unfortunate when an issue presents itself where no clear right answer exists, but when it does, the governing body must act in the best interests of the greatest number of taxpayers. Mr. Doherty is directed to seek a date for holding a special meeting on this topic, for further input from the community.
* 10/11/07 Minutes - Old Business - Lake Neepaulin Dam: Mr. Doherty is in the process of scheduling a special meeting to get public input regarding the question of whether Wantage Township will co-sign a loan to repair the dam. Open Public Session: Joy Steinbacher (FOLN) asks for the name of the engineering firm who performed the ground water studies. Mr. Parrott informs her that Dan Kent, Dykstra Engineering, will be invited to the public hearing regarding the Lake Neepaulin dam repairs.
* 10/25/07 Minutes - Adminstrator's Report - Lake Neepaulin Dam Meeting: A tentative date of Monday November 12 at 7:00 pm was suggested. Mr. Doherty will coordinate the scheduling of this meeting. Open Public Session: Joy Steinbacher (FOLN) asks who will be notifying the residents of the meeting being scheduled for Lake Neepaulin. Mr. Doherty will take care of this. Bob Heiden (FOLN) suggests that the Fire Department be present to explain the effect closing the dam would have on firefighting efforts within the Township. Mr. Parrott will contact Dan Kent to attend.
* 11/1/07 Public Notice - Public Notice of the Special Meeting to be held on 11/12/07 published in the New Jersey Herald on 11/1/07. This is the only official notification to the public of a special meeting at a special place for the owners of the 720 properties in the R2 zone to express their concerns to the Commitee regarding rehabilitation of the Lake Neepaulin dam. The Public Notice does not mention one word about a potential assessment against the 720 properties to repay a loan for the rehabilitation of FOLN's privately owned dam. All of the 720 properties in the R2 zone are not improved lots as some are vacant. All of the improved lots in the R2 zone are not owner-occupied as some are tenant-occupied. All of the owners of the 720 properties in the R2 zone, whether improved or vacant lots, do not live in Wantage Township or in Sussex County or even in the State of New Jersey, & they most certainly do not all subscribe to the New Jersey Herald. While this lone Public Notice was the only legal notification that the Township was obligated to provide to the public, a simple postcard notification mailed to the owners of the 720 properties in the R2 zone in addition to the published Public Notice would have been a more fair notification to the public as well as a more beneficial one to the Mayor & Committee based on the fact that the meeting was being held at the Committee's request in order to reach out to the public & to hear their concerns in order to make a determination as to whether or not they should consider co-signing FOLN's loan application.
* 11/8/07 Minutes - Adminstrator's Report - Neepaulin Dam Meeting: Mr. Doherty informs the Committee that a meeting has been scheduled for 7:00 p.m. on November 12, 2007. This meeting will give the public an opportunity to express their concerns to the Committee. Open Public Session: Joy Steinbacher (FOLN) asks how much time they would have at the November 12, 2007 meeting to present their case. Mayor DeBoer and Mr. Doherty assure her that the meeting will continue as long as necessary. Mr. Doherty informs Ms. Steinbacher that if an ordinance were introduced to go ahead with a special assessment, it would take approximately 50 days for completion & Mr. Garofalo indicates that the ordinance must be adopted prior to signing of loan. Mr. Doherty informed Ms. Steinbacher that it would be unrealistic to expect official action any earlier than January of February of 2008.
* 11/12/07 Special Meeting Minutes
* Watch this space for additional chronological information that will be added shortly.
* Ordinance #2008-16 - An Ordinance Authorizing Special Tax Assessment For Lake Neepaulin Dam Reconstruction
This Ordinance was enacted in 2008 by the Wantage Township Committee at the behest of FOLN to accompany FOLN's dam rehabilitation loan application to the NJDEP.
* Watch this space for additional chronological information that will be added shortly.
* Ordinance #2009-16 - An Ordinance Rescinding A Special Tax Assessment For the Lake Neepaulin Dam Reconstruction
This Ordinance was enacted in 2009 by the Wantage Township Committee to rescind Ordinance #2008-16 based on the outcry of & input from the general public.
* 8/7/09 - FOLN files a lawsuit against the Township of Wantage, Mayor & Committee of Township of Wantage, Tax Assessor of Township of Wantage, Tax Collector of Wantage.
* Watch this space for additional chronological information that will be added shortly.
* 4/8/10 NJ State Legislature letter to Senator Steven V. Oroho
Letter dated 4/8/10 from the New Jersey State Legislature's Office of Legislative Services to Senator Oroho in response to his request for a legal opinion regarding whether or not a local government unit is legally obligated to sign as co-applicant an NJDEP dam rehabilitation loan application. Please read the six page letter in its entirety. The "Conclusion" on Page 6 indicates that it is their opinion that Wantage Township will not be obligated by the passage of S-922 & that the Township may refuse to continue with FOLN's dam repair loan application at any time prior to the execution of the formalized loan award agreement.
* 5/14/10 - The Dam Decision: Watch the entire 1 hr, 15 min video of the 5/14/10 court proceedings here >>> Video
Watch the video in three parts here >>> Part 1 Part 2 Part 3
Superior Court Judge B. Theodore Bozonelis' decision on Friday, May 14, 2010 did not remedy the existing issue & has actually created a second one.
The first issue being that Lake Neepaulin has always been & still is privately owned. The private owners from 1969 through 1985, Neepaulin Community Inc., & the private owner from 1985 through 2001, Tom Zummo, did not properly care for, repair, upkeep & maintain the lake & dam that they purchased. FOLN, fully aware of the condition of the lake & dam, took steps to "acquire" the lake & dam in 2001 with no apparent financial means to properly care for, repair, upkeep & maintain them.
The second issue, created on 5/14/10, effectively forces all New Jersey municipalities that have privately owned dams within their borders to forever indebt their taxpaying citizens to bear the financial burden of the repair, upkeep & maintenance of those privately owned dams.
To be continued... |
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