Meeting – July 16, 2020 – Minutes

DEAL LAKE COMMISSION

MINUTES – REGULAR MEETING

July 16, 2020

 

Due to COVID-19 the Regular Meeting of the Deal Lake Commission was held via teleconference using the Zoom Meeting platform.  The Commission Chairman called the meeting to order at 7:00 PM.  After the salute to the Flag, the Commission Clerk announced that the notice requirements of the Open Public Meetings Act (C.231, P.L. 1975), were met by transmitting the notice to the Commission’s official newspaper on January 30, 2020 and revised on July 16, 2020, posting where required and filing a copy of the notice with the Commission Clerk. The Deal Lake Commission meeting will be audio and video taped and will be shown on APTV, Optimum 77 and throughout Monmouth County on FIOS 30.

 

ROLL CALL

	PRESENT	ABSENT
Allenhurst	x
Asbury Park	x
Deal		x
Interlaken	x
Loch Arbour (alt. M. Nowlin)	x
Neptune		x
Ocean	x

 

OTHERS PRESENT:

            Hunt Parry, Esq., Commission Attorney

Peter Avakian, Commission Engineer

Stephen Souza, Environmental Consultant

Jack Szczepanski, Environmental Consultant

Jessie M. Joseph, Commission Clerk

 

Resolution #20-045 – Resolution to Approve the Minutes of the Regular Meeting,

                                    June 18, 2020

           

            UPON MOTION of Asbury Park, seconded by Interlaken, carried that the following Resolution be adopted:

 

BE IT RESOLVED that the Minutes of the Regular Meeting of the Deal Lake Commission held on June 18, 2020 be and the same are hereby approved (Deal and Neptune

do not vote).

 

RECORDED VOTE:

Ayes:  Asbury Park, Interlaken, Loch Arbour, Ocean

Nays:  None

Abstain:  Allenhurst

Absent: Deal, Neptune

 

MINUTES – REGULAR MEETING

July 16, 2020

 

Resolution #20-046 – Resolution to Approve Treasurer’s Report and Authorize Payment of

                                    Bills

 

            UPON MOTION of Ocean, seconded by Asbury Park, carried that the following Treasurer’s Report for July 16, 2020 be approved and the bills listed authorized for payment.

 

BALANCE ON HAND – PREVIOUS MONTH:

  Manasquan Bank……………………………………………………………..$  89,089.69

  NJ Cash Management Fund……………………………………………………42,288.25

TOTAL ON DEPOSIT………………………………………………….….$131,377.94

 

RECEIPTS

  Interest – Manasquan Bank (June)………………….……………………………..86.10

Interest – Cash Management Fund (June)……………………………………………5.89

Other – ……………………………………………….……………………………..0.00

 

TOTAL RECEIPTS………………………………………………………………91.99

 

DISBURSEMENTS

  2020 Appropriations:

  Lorraine Carafa, CFO (July)………………………………………………………416.67

Jessie Joseph, Admin (July)………………………………………………………………………..625.00

Carol Roarty (reimbursement, partial)………………………………………….….74.63

Don Brockel, reimburse, storage fee (July)…………………………………………..118.69

Jeanie Toher (reimbursement)……………………………………………………..67.90

JCP&L (Account #100xxxxxxx368)……………………………………………….10.00

Leon S. Avakian, Inc. (Invoice #11013, $320.00; #11206, $320.00)……………640.00

Princeton Hydro, LLC (Invoice #39458, $600.00; #39527, $433.20)………….1,033.20

Robert A. Hulsart and Company (2019 Audit)…………………………………2,000.00

The New Coaster (Invoice #55636)……………………………………………….32.98

 

Sub-total Disbursements…………………………………………………….…5,019.07

 

  319H, WM18-016:

  Leon S. Avakian, Inc. (Invoice #11204, $320.00; #11011, $537.50)……………857.50

Princeton Hydro, LLC (Invoice #39513, $1,028.45; #39526, $827.35)……….1,855.80

 

Sub-total 319H…………………………………………………………………2,713.30

 

 

 

 

 

MINUTES – REGULAR MEETING

July 16, 2020

 

  Flume Electrification:

  Leon S. Avakian, Inc. (Invoice #11205, $930.00; #11012, $2,482.50)………..3,412.50

 

Total Grant Disbursements.……………………………………………………6,125.80

 

TOTAL DISBURSEMENTS……………………………………………..….11,144.87

 

BALANCES AFTER JULY DISBURSEMENTS

  Manasquan Bank……………………………………………………….……..78,030.92

  NJ Cash Management Fund…………………………………………………..42,294.14

 

TOTAL ON DEPOSIT…………………………………………………….$120,325.06

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean

Nays:  None

Absent:  Deal, Neptune

 

OLD BUSINESS:

 

1. Flume Electrification – Don Brockel, Commission Chairman, gave a brief update of the project. The next part of the project is setting up a Verizon Wireless account. He explained that of the two options available the recommendation from the beginning has been to go wireless.  The router will be purchased by the Contractor but we will need to enter into a contract with Verizon.  The cost should be $40.00 a month.  This will be a recurring charge and it will come out of the Lake Maintenance account.

 

Peter Avakian, Commission Engineer, also briefed the Commission on the status of the project.  He went on to say that right now the gates are operational electronically but we want be able to key the electrical system remotely.  The Contractor has to restore the concrete bulkhead as well as other punch-list items.

 

Jeannie Toher, Commissioner from Asbury Park, asked when the tide gauges will be installed.

 

Mr. Brockel said that they are part of the punch-list items.

 

Resolution #20-47 – Authorizing the Deal Lake Commission to enter into a Contract with

                                  Verizon Wireless for Internet Access at the Deal Lake Gatehouse

 

            UPON MOTION Ocean, seconded by Allenhurst, carried that the following Resolution be and the same is hereby adopted:

 

 

MINUTES – REGULAR MEETING

July 16, 2020

 

WHEREAS, the Deal Lake Commission entered into a State Aid Agreement with the Department of Environmental Protection by way of Resolution dated April 19, 2018 to upgrade and replace portions of the existing aging sluice gate infrastructure; and

 

WHEREAS, with the completion of the mechanical and electrical equipment being installed there exists the need to operate and access the new gate system and view the cameras remotely; and

 

WHEREAS, the Deal Lake Commission is desirous of entering into a Contract with Verizon Wireless for internet access at the Deal Lake Gatehouse at a cost not to exceed $40.00 per month for the remainder of the year 2020.

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby authorizes the Chairman of the Deal Lake Commission on behalf of the Deal Lake Commission to enter into a Contract with Verizon Wireless for internet access at the Deal Lake Gatehouse at a cost not to exceed $40.00 per month for the remainder of the year 2020.

 

RECORED VOTE:

Ayes:  Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean

Nays:  None

Absent:  Deal, Neptune

 

2. 319(H) Grant – Mr. Avakian, reported that the design and MTD installation locations is completed. The plans were submitted and approved by the DEP.  He gave a tentative time frame of the bidding schedule for the project.  After bids are received, the apparent lowest bidder must be approved by the DEP before any work can begin.

 

Resolution #20-048 – Authorizing Receipt of Bids for Deal Lake Stormwater Treatment

                                    Devices in the Deal Lake Watershed

 

            UPON MOTION of Allenhurst, seconded by Asbury Park, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, the Deal Lake Commission is desirous of soliciting sealed bids for Deal Lake Stormwater Treatment Devices in the Deal Lake Watershed; and

 

WHEREAS, specifications for the aforesaid items will be on file in the Office of the Deal Lake Commission Engineer and will be available for inspection.

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby authorizes the Deal Lake Commission Engineer to advertise for bids for the aforesaid items as per the specifications on file and will be received by the Deal Lake Commission in the Township of Ocean, Municipal Building, 399 Monmouth Road, Oakhurst, New Jersey on a date to be determined.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean

Nays:  None

Absent:  Deal, Neptune

 

Jack Szczepanski, Environmental Consultant for the Deal Lake Commission, went on to say we are still waiting for the check from DEP so we can get the Floating Wetland Islands ordered.  The plantings could still take place as late as October, but it would be better to have the islands planted by the middle of September at the latest.

 

Ms. Toher asked how we are going to get volunteers from the community to help due to COVID-19.

 

Dr. Szczepanski said it shouldn’t be a huge issue.  There will be social distancing.  He will have sign-ups to help control the project

 

3. Organic Material Removal from Fireman’s Pond – Mr. Brockel said there is nothing new to report. He hopes to revisit the idea of dredging that section of the lake with Ocean Township and the County.  Marty Martino has also spoken to the Fire Commissioners about getting them involved.

 

4. Water Testing/Monmouth University – Stephen Souza, Environmental Consultant for the Deal Lake Commission, said he reached out to Dr. Jason Adolf from Monmouth University to express his concerns over the data that was collected and reported by Monmouth University through 2019. Due to COVID-19 there is no data yet for 2020.

 

There was a brief discussion on the water testing project and the need for more training and retraining of the citizen scientists.

 

5. Ship & Sniff Program with Clean Ocean Action – Mr. Brockel said we are still waiting for a rain storm to do more dye testing with TOSA.

 

6. TOSA Sewer line break – Mr. Brockel reported that TOSA was able to trace the location of the sewer leak to Paige and Euclid Avenues. TOSA was able to fix the problem.

 

7. Seaview Mall Update – No Update.

 

8. 2020 Weed Treatment – Mr. Brockel reported that the treatment was on the lower section of the lake and Colonial Terrace is complete. There was a discussion on the weed treatment and in the next couple of months discuss doing a yearly contract for the weed treatment.

 

 

 

MINUTES – REGULAR MEETING

July 16, 2020

 

9. 2020 Assessment Update – The Commission Clerk reported that the Borough of Interlaken and the Village of Loch Arbour have still not paid their 2020 Assessments.

 

10. Phase 1 319: New 319 effort with NJIT – No Update.

 

11. Phase 2 319 – Dr. Souza explained that DEP is on furlough due to COVID-19, so there is no update. He went on to give a brief explanation of the Grant.

 

12. Goose Treatment – Mr. Brockel said it appears the treatment we did worked well. He introduced Keith Fiore from the Wesley Lake Commission.  He explained that their Commission is looking to use solar powered light flashes that float in the lake and will help to drive the geese away.

 

13. Lake Appreciation Contest – Dr. Souza said that July is lake appreciation month and would like to see the Deal Lake Commission adopt a resolution recognizing July as Lake Appreciation Month.

 

Resolution #20-49 – Recognizing July as Lake Appreciation Month

 

            UPON MOTION of Ocean, seconded by Asbury Park, carried that the following Resolution, be and the same is hereby adopted:

 

WHEREAS, lakes and reservoirs are among New Jersey’s most valuable natural resources; and

 

WHEREAS, lakes and reservoirs provide drinking water, irrigation, energy, recreation, scenic beauty and habitat for wildlife; and

 

WHEREAS, these beneficial uses have been of vital importance to New Jersey’s history, growth and financial health; and

 

WHEREAS, our lakes and reservoirs improve the quality of life for all of New Jersey’s residents and their importance should not go unnoticed; and

 

WHEREAS, the State of New Jersey recognizes the need to protect these lakes and reservoirs for future generations; and

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby proclaims July 2020 as LAKE APPRECIATION MONTH in the State of New Jersey and invite all citizens to take due note of the observance.

 

 

 

MINUTES – REGULAR MEETING

July 16, 2020

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean

Nays:  None

Absent:  Deal, Neptune

 

Ms. Toher reported that the students and their teacher received the tee shirts with their art work on them from the poster contest.

 

14. Nobility Crest – Mr. Brockel shared photos from the Nobility Crest detention basin that were taken after the most recent storm.

 

Sylvia Sylvia from the Colonial Terrace section of the lake, shared photos of the lake behind her house from the most recent storm.   Her main concern is that nothing has been done to hold Nobility Crest accountable for creating this problem.

 

Mr. Brockel agrees with her and feels that whoever is causing the problem should be held accountable.  This will be discussed under an executive session.

 

Hunt Parry, Commission Attorney, said it does need to be discussed under an executive session.  He asked if this was reported to the proper authorities.

 

Mr. Brockel said he received the pictures and immediately sent them to the Township and the Soil Conservation Service.  It has all been well documented.

 

Mr. Parry said it appears the Commission does have the standing to file a suit.  He than explained the necessary steps and pre-requisites for filing a suit.

 

Resolution #20-50 – Authorizing the Deal Lake Commission Attorney to Submit A

                                   Request to the Attorney General to Enforce the Clean Water

                                   Act Against Nobility Crest at Ocean

 

            UPON MOTION of Allenhurst, seconded by Ocean, carried that the following Resolution, be and the same is hereby adopted:

 

WHEREAS, the Deal Lake Commission hereby authorizes Hunt Parry, Commission Attorney, to notify the Attorney General’s office on behalf of the Deal Lake Commission to take action against Nobility Crest at Ocean to enforce the Clean Water Act.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean

Nays:  None

Absent:  Deal, Neptune

 

MINUTES – REGULAR MEETING

July 16, 2020

 

15. Deal: Richmond Avenue Storm Grates – Mr. Brockel said that the storm grates on Richmond Avenue are still not fixed.

 

16. Great Lakes of NJ – Mr. Brockel said there will be a zoom meeting next week to discuss joint efforts with other lakes.

 

NEW BUSINESS

 

1. 2019 Audit

 

Resolution #20-051 – Deal Lake Commission Certification of the Annual Audit

 

            UPON MOTION of Allenhurst, seconded by Ocean, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and

 

WHEREAS, the Annual Report of Audit for the year 2019 has been filed by a Registered Municipal Accountant with the Commission Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the Commission; and

 

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

 

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the Commission have reviewed, at minimum, the sections of the annual audit entitled “General Comments” and “Recommendations”; and

 

WHEREAS, the members of the Commission have personally reviewed at a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “General Comments” and “Recommendations” as evidenced by the group affidavit for the Commission attached hereto; and

 

WHEREAS, such resolution of certification shall be adopted by the Commission no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

 

WHEREAS, all members of the Commission have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

MINUTES – REGULAR MEETING

July 16, 2020

 

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

 

R.S. 52:27BB-52:  A local officer or member of a local governing body who, after a

date fixed for compliance, fails or refuses to obey an order of the director (Director

of Local Government Services), under the provisions of this Article, shall be guilty

of a misdemeanor and, upon conviction, may be fined not more than one thousand

dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition

shall forfeit his/her office.

 

NOW, THEREFORE, BE IT RESOLVED that the Deal Lake Commission hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean

Nays:  None

Absent:  Deal, Neptune

 

2. New Signs around the lake – Mr. Brockel would like to see informational signs posted at safe access points to the lake and one at the flume that talks about the Deal Lake Commission.

 

Resolution #20-052 – Authorizing Signs for Deal Lake

 

            UPON MOTION of Ocean, seconded by Allenhurst, carried that the following Resolution, be and the same is hereby adopted:

 

WHEREAS, the Deal Lake Commission hereby authorizes the Chairman of the Deal Lake Commission to have signs made for posting at various locations around Deal Lake in an amount not to exceed $500.00

 

RECORDED VOTE:

Ayes:  Allenhurst, Interlaken, Loch Arbour, Ocean

Nays:  None

Abstain:  Asbury Park

Absent:  Deal, Neptune

 

3. DLWA Lake Tour – Mr. Brockel announced that the Deal Lake Watershed Alliance will be hosting two boat tours of Deal Lake. One is set for July 26^th and the other one is September 19^th.

 

 

MINUTES – REGULAR MEETING

July 16, 2020

 

4. DLWA: Bimbler Boulevard rain garden:  Mr. Brockel reported that work has begun on the rain garden.  He will be reaching out to the DLWA to make sure they are not blocking any clear access to the lake.

 

5. Flume Information/Educations sign – Mr. Brockel will have a presentation for an informational sign to be posted at the flume at a future meeting.

 

PUBLIC HEARING

 

            UPON MOTION of Allenhurst, seconded by Asbury Park, carried that the meeting be opened to the public for comments:

 

Brian Mullins, Township of Ocean resident, asked if any plans have been submitted to

Neptune regarding development of the Coca-Cola plant that was recently torn down.

 

Mr. Avakian said nothing has been submitted.

 

Mr. Mullins also had questions, comments and concerns regarding Hollow Brook.

 

There was a discussion on the subject.

 

Peter Hughes, Interlaken resident and Chairman of the Interlaken Shade Tree Commission for Interlaken, wanted to congratulate the Commission for all the great work they are doing.  He asked what the time line is for the completion of the TOSA

Building on the circle.

 

Mr. Brockel gave a history of the project.  He went on to say there are a lot of different stages for the project and at this time he does not know when it will be completed.

 

There being no further comments and UPON MOTION of Ocean, seconded by Allenhurst, carried that the public hearing be closed.  There being no further business and

UPON MOTION of Allenhurst, seconded by Asbury Park, carried that the meeting be finally adjourned at 8:44 PM.

 

 

_____________________________

Jessie M. Joseph, RMC

Commission Clerk