Township: More Data Needed on Rambaut Dilemma

Township officials will need a better idea of how many of the 21 homeowners on Rambaut Lake are willing to shoulder a financial burden before deciding how much assistance it can lend toward efforts to repair the lake's deteriorating dam.

"It's important to understand among the group of 21 how many are willing to participate," said moderator Ray Wiss, an attorney representing the township.

Members of the community and governing body members spoke for nearly three hours Monday night in the second public meeting to discuss the dam, whose condition and lack of inspection reports could soon lead to DEP fines if action isn't taken.

Wiss framed the dilemma in his opening comments: "Assuming that the repair of the dam is not a generalized obligation of the township which could or should be passed on to all taxpayers, the question becomes whether the 21 lakefront homeowners are willing to equally (or in some agreed upon fashion) assume the attendant costs. 

"If a consensus can be reached among the 21 lakefront homeowners, the next question is whether the township is willing to become the conduit for securing funds for the dam repair/replacement, the payment obligation for which would become a special assessment against the property owned by the 21 lakefront homeowners," Wiss said.

After hours of discussion, Wiss' questions still stood, with governing body members expressing tentative support for the idea of co-signing a loan that would likely be shouldered entirely by the nearby homeowners, some of whom said they would be willing to take on such a financial obligation. However, a show of hands revealed only nine of 21 residents who live on the 7.5-acre lake, located off West Shore Drive, in attendance, not all of whom were in agreement on the next steps to be taken.

Current problem

The DEP has given the lakefront homeowners 60 days, in a letter dated June 17, to fulfill mandates on updated inspections and related paperwork or face fines, which could reach $25,000 per day if the 100-foot structure isn't up to current safety standards. 

However, there is no obvious way to fulfill the obligations or even a legally recognized owner of the lake, which had long been maintained by consisting of the lakefront homeowners and nine other families. The homeowners have voluntarily been paying dues to maintain the lake, although involved residents have said half or less pay regularly. Beekmere's lack of formal recognition makes it difficult to secure outside funding, and the voluntary nature of the dues puts a financial strain on those who do contribute regularly.

But the legal limbo doesn't change certain facts: the dam has been judged to be in serious need of repair or replacement; a recent assessment has not been completed, as ordered; and the homeowners don't have the funds or the means to acquire the funds without some help. Should no action be taken, the DEP has threatened to breach the dam, although such a drastic measure appears highly unlikely.

The Township Committee has indicated its willingness to help in some fashion, although members do not back proposals by some homeowners to assume full responsibility of the lake and its associated costs. The governing body largely rejected arguments Thursday that stormwater runoff into the lake makes the body of water the township's responsibility, while reiterating their sense of obligation to help solve the problem.

Debate

Committeeman Chris DePhillips said on numerous occasions that the unanswered question throughout the proceedings is "how do you apportion value" when one considers the benefits the lake provides to immediate homeowners in relation to the indirect benefits the township may receive by simply hosting Rambaut within its boundaries.

Lakefront resident Charles Lieberman, who argued that Rambaut is a "public good" that benefits all, said that while he and his immediate neighbors certainly enjoy greater property values from living on the lake, all in the township benefit by having such an "extraordinary asset" in Wyckoff. He concluded that most possible solutions to the current predicament largely wouldn't be viable without official help.

"A severe problem requires the introduction of government into the process... the only realistic possibility is the township has to become involved," Lieberman said.

He proposed deeding Rambaut to the township, which would repair the dam, financed via a special assessment on homeowners, perhaps throughout the community.

Such a solution isn't likely.

"I don't feel its the responsibility of the township to incur any costs to maintain the lake," Committeeman Kevin Rooney said.

Mayor Rudy Boonstra agreed. "I don't sense a willingness by the governing body to get involved to that degree," he said.

"We have to be concerned about precedent," DePhillips said.

Instead, Committeeman Brian Scanlan asked homeowners if they would accept the financial responsibility of dam repairs, which could be accomplished via a loan on favorable terms that the township would co-sign. To ensure payment, the loan obligation would likely be a lien against lakefront homeowners' properties.

Residents Tom Buda and Richard Green said the majority of residents would agree to a loan.

"I think the 21 of us would be in favor of anything that would preserve the lake," Buda said.

However, another West Shore Drive resident said there were "too many unknowns" and doubted whether "you'll get 21 people on the same page on this."

Buda said some members would be willing to pay a larger share of such a loan, provided the majority of the 21 lakefront residents were willing to assume a lien.

But the township "doesn't have a reasonable estimate," Boonstra said, of what a loan would cost those homeowners, due to the minority of residents in attendance as well as outdated inspection reports on repair costs.

DePhillips told the residents it's "critically important" for the township to understand what consensus exists among lake residents, if one exists at all.

Buda, who's spoken on behalf of Beekmere but said he was only representing his personal views Monday night, said the attending residents "weren't really prepared for this discussion," which he thought would result in a more definitive solution.

"I'm not sure we're making a lot of progress," he said, a contention the township officials disagreed with.

"We want the community to guide us," DePhillips said, rather than having the township impose a decision.

"You keep pushing it back on the 21... none of you have addressed your responsibility as a town," Buda said, in reference to storm drains at Rambaut.

Stormwater is a "fact of life," Boonstra said. "I don't see that as a major point."

Going forward

To achieve something approaching consensus, Scanlan proposed drafting a letter to all 21 homeowners on the lake to detail where conversations stand in relation to the dam and lake. 

After all, officials "can't send a police car to bring them to Town Hall," Rooney said.

Governing body members also hope more conversation can take place among lakefront homeowners to better identify how many would possibly accept a lien against their home to pay for dam repairs.

The governing body also requested fresh estimates of the cost of repairs, which have ranged from $625,000 to more than $1 million in the past. Without a current, reliable estimate, talk of future loans is only conjecture.

In the meantime, Buda said the DEP's calls for updated reports will be met with a letter letting the state know that progress is being made.

The township plans to hold another open community meeting on the issue in the future.