DLC Meeting – August 18th, 2022 – Minutes
DEAL LAKE COMMISSION
MINUTES – REGULAR MEETING
August 18, 2022
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 February 2, 2022, 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 28.
ROLL CALL
| PRESENT | ABSENT | |
| Allenhurst (B. Fromer) | x | |
| Asbury Park (J. Toher) | x | |
| Deal | x | |
| Interlaken (C. Roarty) | x | |
| Loch Arbour (M. Fernicola) | x | |
| Neptune (E. Houghtaling) | x | |
| Ocean (D. Brockel) | x |
OTHERS PRESENT:
Hunt Parry, Esq., Commission Attorney
Stephen Souza, Environmental Consultant
Peter R. Avakian, Commission Engineer
Jessie M. Joseph, Commission Clerk
Resolution #22-042 – Resolution to Approve the Minutes of the Regular Meeting
July 21, 2022, 2022
UPON MOTION of Asbury Park, seconded by Interlaken, carried that the following Resolution be and the same is hereby adopted:
BE IT RESOLVED that the Minutes of the Regular Meeting of the Deal Lake Commission held on July 21, 2022 be and the same are hereby approved (Deal does not vote).
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Neptune, Ocean
Nays: None
Absent: Deal
MINUTES – REGULAR MEETING
August 18, 2022
Resolution #22-043 – Resolution to Approve Treasurer’s Report and Pay Bills
UPON MOTION of Interlaken, seconded by Ocean, carried that the Treasurer’s Report for August 18, 2022 be approved and the bills listed authorized for payment:
BALANCE ON HAND – PREVIOUS MONTH:
Manasquan Bank $127,039.19
NJ Cash Management Fund 42,407.33
TOTAL ON DEPOSIT $169,446.52
RECEIPTS
Interest – Manasquan Bank (July) 101.51
Interest – Cash Management Fund (July) 47.10
Other – 2022 Assessment Asbury Park ($11,000.00) – in transit 11,000.00
TOTAL RECEIPTS $ 11,148.61
DISBURSEMENTS
2022 Appropriations
Lorraine Carafa, CFO (August) 416.67
Jessie Joseph, Admin (August) 625.00
Don Brockel, (August reimbursement storage fee) 143.22
JCP&L a/c #100xxxxxx368 21.39
Leon S. Avakian, Inc. (Invoice #18945) 680.00
The New Coaster, (Invoice #58981) 28.02
Verizon a/c #24xxxx875-2-0001(Invoice #9911816646) 40.01
Sub-total 1,954.31
Grant Disbursements
319H, WM18-016:
Leon S. Avakian, Inc. (Invoice #18944) 2,050.00
Sub-total Grant Disbursements 2,050.00
TOTAL DISBURSEMENTS 4,004.31
BALANCES AFTER AUGUST DISBURSEMENTS
Manasquan Bank $134,136.39
NJ Cash Management Fund 42,454.43
TOTAL ON DEPOSIT $176,590.82
MINUTES – REGULAR MEETING
August 18, 2022
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Neptune, Ocean
Nays: None
Absent: Deal
OLD BUSINESS
- 319(H) Grant Update – Don Brockel, Commission Chairman, said we are on the last phase of the grant, which are the Wesley Lake rain gardens and a few tree boxes in Deal Lake.
Peter Avakian, DLC Engineer, gave a brief explanation of the final phase which are the rain gardens and if there is money left over tree boxes. The rain gardens will be located by the fire lane west of Pilgrim Pathway and the other one will be located on the lakefront in Ocean Grove. The locations were chosen due to the lack of uncontrolled stormwater flow and drainage discharge into the lake. He went on to explain that bids were received for the rain gardens and tree well bioretention systems. He suggests awarding the rain garden and one tree well bioretention system. If at the end of the project there is still funding available we can always award one or two of the tree well bioretention systems. The location of the tree well bioretention system is to be determined.
Resolution #22-044 – Award of Bid for the Ocean Grove Wesley Lake Rain Gardens and
Tree Well Bioretention Systems
UPON MOTION of Asbury Park, seconded by Neptune, carried that the following Resolution, be and the same is hereby adopted:
WHEREAS, the Deal Lake Commission authorized the receipt of bids for the Ocean Grove Wesley Lake Rain Gardens and Alternate Bid Item – Three (3) Tree Well Bioretention Systems on April 21, 2022; and
WHEREAS, the Deal Lake Commission Clerk did duly advertise said Receipt of Bids in The Coaster on July 28, 2022 scheduling the bid opening on August 16, 2022; and
WHEREAS, in connection therewith, two (2) bids were received:
Precise Construction, Inc. Items 1-21 $136,600.00
Three (3) Tree Well
Bioretention Systems
($30,240.00 per tree well system) $ 90,720.00
Down to Earth Landscaping Items 1-21 $276,500.00
Three (3) Tree Well
Bioretention Systems
MINUTES – REGULAR MEETING
August 18, 2022
($50,000.00 per tree well system) $150,000.00
WHEREAS, the following prospective bidders picked up bid documents but failed to submit said bid: James R. Ientile, Inc., Marlboro, NJ and Fernandes Construction, Inc., Monroe, NJ; and
WHEREAS, the Deal Lake Commission Engineer has recommended that a contract be awarded to Precise Construction, Inc., Freehold, NJ, as per their bid proposal for the Ocean Grove Wesley Lake Rain Gardens for the base bid of $136,600.00 and One (1) Tree Well Bioretention System in the amount of $30,240.00 at a cost not to exceed $166,840.00, subject to NJDEP Administrative Grant review of available funding.
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it does hereby authorize the award of a contract for the Ocean Grove Wesley Lake Rain Gardens and One (1) Tree Well Bioretention System to Precise Construction, Inc., Freehold, NJ, at a cost not to exceed $166,840.00, subject to NJDEP Administrative review and review of available funding; and
BE IT FURTHER RESOLVED that this contract is conditioned upon the delivery and execution thereof within ten days from the date of the within resolution accompanied by such appropriate insurance certificate and performance bonds as may be required by the specifications and by law; and
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the following:
- Precise Construction, Inc.
- NJDEP
- Deal Lake Commission Environmental Consultants
- Deal Lake Commission Engineer
- Deal Lake Commission Chief Financial Officer
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean
Nays: None
Absent: Deal
- 319 Grant Phase I with NJIT – Mr. Brockel said that NJIT will be at the Asbury Park boat ramp between 9 and 10 tomorrow with the algae eating machine.
- Nobility Crest – Mr. Brockel said there is no update.
MINUTES – REGULAR MEETING
August 18, 2022
Jeannie Toher, Asbury Park Commissioner, asked if there is a statute of limitations for the Nobility Crest incident with the DLC proceeding against them legally.
Hunt Parry, Esq., DLC Attorney, told her five years.
Mr. Brockel said the DLC has no plans to be suing them, we hope to be working with them towards a long-term solution.
- Shoreline Protection/Education – Ms. Toher will be reaching out to DEP to set up a meeting between some of the DLC professionals and the enforcement people.
Mr. Brockel reported on the outcome of the violations that were reported to the State. One was not carried forward because they considered it repair of a bulkhead and the other one is still in litigation.
- Ship & Sniff Program with Clean Ocean Action – Mr. Brockel said due to the lack of rain they have not been able to go out and take samples at the lake. They are still looking for volunteers that have flexible schedules to go out and help with the testing.
- Goose/Carp Remediation – Dr. Stephen Souza, Environmental Consultant for the DLC, said he has completed the necessary documents. Mr. Brockel will sign the permit application and the Commission Clerk will forward that along with the narrative of the project and the check to NJDEP Fish & Wildlife.
Mr. Brockel reported that the goose remediation treatments have started at Norwood Avenue and the flume, the Asbury Park boat ramp and by Bimbler Boulevard.
- Restoration of 4 lakes/ponds west of Wickapecko and Seaview Mall – Mr. Brockel has not heard anything. Mr. Avakian said he will reach out to the County Engineer.
- Water Testing: Monmouth University and Monmouth County – Mr. Brockel said he saw Dr. Adolf and some of his students taking water samples this past Tuesday.
- 2022 Weed Treatment Program – Mr. Brockel reported that the weed treatment program is complete and it looks good.
Dr. Souza agreed and said he will take another look at it tomorrow, but it looked really good the las time he checked.
- New 319 Grant Submission – Mr. Brockel said that we did not get this grant.
MINUTES – REGULAR MEETING
August 18, 2022
- New DEP Grant – Stormwater Management Grant for Publicly Managed Water Quality Improvements – Mr. Brockel said he misspoke at the last meeting. They have not announced the recipients of the grant yet, so we are still in the running.
- 2022 Assessment Update – The Commission Clerk announced all of the Assessments have been paid.
- Tree Ordinance Letter Update – After a brief discussion it was decided that the Tree Ordinance letter will be sent upon request by each Commissioner to the Chairman and the Commission Clerk to the Business Administrators for distribution to their Mayor and Governing Bodies.
Resolution #22-045 – Resolution Supporting the Adoption of a Tree Ordinance by Deal
Lake Commission Municipalities
UPON MOTION of Ocean, seconded by Asbury Park, carried that the following Resolution be and the same, is hereby adopted:
WHEREAS, the Deal Lake Commission recognizes the extreme importance that trees play toward the health of the environment and wildlife around Deal Lake; and
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby encourages the Borough of Allenhurst, City of Asbury Park, Borough of Deal, Borough of Interlaken, Village of Loch Arbour, Township of Neptune and the Township of Ocean to adopt a Tree Ordinance.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Neptune, Ocean
Nays: None:
Absent: Deal
NEW BUSINESS
- Boating Safety: Collaboration between the DLC and the Monmouth County Sheriff’s Department – Mr. Brockel reported that after he reached out to Sheriff Golden, within two days his office came back with a brochure on boating safety. He also sent his staff out on the lake Saturday to hand out the brochures.
Ms. Toher reported that at the last meeting a number of residents complained about the trash by the flume. She reached out to the Asbury Park Mayor and Department of Public Works. The Asbury Park Police are going to be making more frequent patrols of the area and the Public Works Department will be pouring a cement slab and attaching a trash and recycling bin there.
MINUTES – REGULAR MEETING
August 18, 2022
Margot Fernicola, Loch Arbour Commissioner, reported that she and the Village Administrator went over and cleaned up a lot of the garbage. She went on to say we do the best we can but we can’t control people’s actions.
Carolyn Roarty, Interlaken Commissioner, mentioned that she noticed the fisherman have screwed L-brackets into the bulkheads. She volunteered to go out there and unscrew them.
Ms. Toher gave an Oxonia Bridge update. Monmouth County began to do some rehab measures in the area. They have removed the debris and accumulated sediment so that the water began to flow under the bridge. After an evaluation of the area, the County decided they will close off the open areas where most of the debris from the road gets washed into the waterway and they will be redirecting the roadway runoff toward the storm drains. They will repair the curbing and will add grates onto the old drains. The County has a long list of projects ahead of this one, but it will get done and she will keep us updated.
- Pallet dock action – Mr. Brockel said a call was received about pallets being used as a dock in Ocean Township. The Ocean Township DPW was alerted and they removed the pallets.
- Osprey nests removal – Mr. Brockel reported that last month JCP&L removed osprey nests in Interlaken, which upset a lot of people. We contacted DEP and were told that JCP&L said they were abandoned nests. We are still having conversations with DEP on this matter.
- JCP&L Violation update – Mr. Brockel said that JCP&L did receive a Notice of Violation for the spill in Loch Arbour.
- Website Upgrades – Mr. Brockel reported that he received an e-mail from the DLC webmaster suggesting the DLC upgrade our level of security on our website. We have had a few problems recently with people trying to get into our website.
Kenneth McGee, DLC Webmaster, explained that deallake.org website is currently not using a secure HTTPS protocol. He gave a breakdown of the various packages and suggested the one that is best for the DLC which comes out to $5.34 per month.
Resolution #22-046 – Resolution Authorizing the Upgrade to the Security of the Deal Lake
Commission Website
UPON MOTION of Asbury Park, seconded by Interlaken, carried that the following Resolution, be and the same is hereby adopted:
WHEREAS, the Deal Lake Commission website (deallake.org) is not currently using a secure HTTPS protocol, which makes it vulnerable to threats and hackers; and
MINUTES – REGULAR MEETING
August 18, 2022
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby authorizes the Deal Lake Commission Webmaster to upgrade to the improved security protocol on the Deal Lake Commission website for a two-year period at a cost not to exceed $128.00
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Neptune, Ocean
Nays: None
Absent: Deal
Ms. Toher, has been doing research on having the Deal Lake Watershed Alliance and the DLC do a collaborative education effort to offer a rain barrel workshop. She has been in contact with Dr. Stephen Yerco from Rutger’s who is an agent for NJ Agricultural Experiment Station Extension Center and he does rain barrel workshops for the public and he will do one for our community. She has found a vendor in Berkely who is willing to donate 20 barrrels for the workshop. She has asked the DLWA to help with the cost of renting a u-haul to transport the barrels and she will be asking Asbury Park for the use of the city yard to store the barrels from the time we bring them here until the workshop.
There was a brief discussion on the rain barrel project.
Resolution #22-047 – Supporting Rain Barrel Project between the Deal Lake Commission
and the Deal Lake Watershed Alliance
UPON MOTION of Interlaken, seconded by Neptune, carried that the following Resolution, be and the same is hereby adopted:
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby approves the public education project on rain barrels.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Neptune, Ocean
Nays: None
Absent: Deal
COMMISSIONER’S LAST WORD
Margot Fernicola, Village of Loch Arbour Commissioner, reported on the following:
- Wanted to point out that during her clean up on the lake they found filament and no jute.
- There is water leaking from the Allenhurst Department of Public Works down the driveway and going into Deal Lake. We have contacted Allenhurst to have the problem remedied.
MINUTES – REGULAR MEETING
August 18, 2022
- It was a very nice summer and we’re looking forward to an equally nice fall.
Bruce Fromer, Borough of Allenhurst Commissioner, commented on the following:
- Feels the DLC needs to alert the realtors regarding the 50-foot buffer zone along the lake as it pertains to the trees. He would like to see an education campaign for the homeowners that live directly on the lake.to let them know the removal of live trees from the bank is expressly prohibited by DEP regulations.
Eric Houghtaling, Township of Neptune Commissioner, is glad to see the tree ordinance letter is getting out there.
Carolyn Roarty, Borough of Interlaken Commissioner, there is a lot of good stuff going on here and a lot of great contributions. She would like to remind everyone who is listening in and who cares that we are fortunate enough to work with a great team of professionals but the rest of us are volunteers and we are dedicating our time and our efforts during the month, not just at the monthly meeting. We all dedicate our time to and she’s privileged to work with everybody here and is grateful for the efforts everyone puts in and hopes the public sees and understands that.
Mr. Brockel wanted to acknowledge the DLC professionals that are some of the best in not only the State but the country.
Jeannie Toher, Asbury Park Commissioner, said we will be discussing the goose management project next month. We should have numbers from USDA and will be able to decide how we want to proceed.
PUBLIC HEARING
UPON MOTION of Neptune, seconded by Interlaken, carried that the meeting be opened to the public:
James Veach, Township of Ocean resident, had the following comments and concerns:
- Monmouth County Sheriff’s Officers on the lake
- Tree Ordinance letter
- Master Plan and the long term life of the lake
- He would like to see a base line for the depth, the shoreline and the water quality
Marty Martino, Township of Ocean resident, also would like to see depth studies of the lake done.
MINUTES – REGULAR MEETING
August 18, 2022
Mr. Brockel said we do have depth charts from various different years and various different locations and they are available on our website. When we do a dredging project a depth study must be done. There are charts from 1941-42 which shows the lake was much shallower than it is today.
Assemblywoman Marilyn Piperno, wanted to acknowledge the Deal Lake Commissioner’s and let them know she appreciates everyone’s input and commitment to the lake. She looks forward to getting more involved and helping.
There being no further comments and UPON MOTION of Neptune, seconded by Ocean, carried that the public hearing be closed. There being no further business and UPON MOTION of Allenhurst, seconded by Loch Arbour, carried that the meeting be finally adjourned at 8:13 PM.
_____________________________
Jessie M. Joseph, RMC
Commission Clerk