DLC Meeting – February 15th, 2024 – Minutes
DEAL LAKE COMMISSION
MINUTES – REGULAR MEETING
FEBRUARY 15, 2024
The Regular Meeting of the Deal Lake Commission was held in the Borough of Interlaken Municipal Building, 100 Grassmere Avenue and 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 1, 2024, 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 | x | |
| Ocean (D. Brockel) | x |
OTHERS PRESENT:
Hunt Parry, Esq., Commission Attorney
Dr. Stephen Souza, Environmental Consultant
Jessie M. Joseph, Commission Clerk
Resolution #24-022 – Resolution to Approve the Minutes of the Reorganization Meeting,
January 18, 2024
UPON MOTION of Allenhurst, seconded by Loch Arbour, carried that the following Resolution be and the same is hereby adopted:
BE IT RESOLVED that the Minutes of the Reorganization Meeting of the Deal Lake Commission held on January 18, 2024 be and the same are hereby approved (Deal and Neptune do not vote).
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
MINUTES – REGULAR MEETING
FEBRUARY 15, 2024
Resolution #24-023 – Resolution to Approve Treasurer’s Report and Pay Bills of the Deal
Lake Commission – February 15, 2024
UPON MOTION of Ocean, seconded Loch Arbour, carried that the following Treasurer’s Report for February 15, 2024 be approved and the bills listed authorized for payment:
BALANCE ON HAND – PREVIOUS MONTH
Manasquan Bank $ 7,716.01
NJ Cash Management Fund 45,137.63
TOTAL ON DEPOSIT $ 52,853.64
RECEIPTS:
Borough of Allenhurst – 2024 Assessment $ 2,750.00
Borough of Allenhurst – 2023 Goose Remediation 199.37
Township of Neptune – 2023 Goose Remediation 72.50
Village of Loch Arbour – 2023 Goose Remediation 271.86
Borough of Deal – 2024 Assessment 1,750.00
Borough of Deal – 2023 Goose Remediation 126.87
Borough of Interlaken – 2023 Goose Remediation 724.96
Interest – Manasquan Bank – January 2024 90.04
Interest – NJ Cash Management Fund – January 2024 204.56
TOTAL RECEIPTS $ 6,190.16
TOTAL AVAILABLE $ 59,043.80
DISBURSEMENTS:
2024 Appropriations:
Don Brockel – Storage Unit Rental – February 2024 $ 152.81
JCP&L (12/7/23-1/23/2024) 12.98
Verizon (12/14/23-1/23/24) 40.07
The New Coaster (Legal Adver. Inv. #61101) 87.66
Clean Waters Consulting, LLC (1/1/24-1/31/24) 437.50
Richard Gartz – CFO Services (Jan. & Feb. 2024) 1,300.00
Jessie M. Joseph – Clerk Services (Jan. & Feb. 2024) 1,350.00
Sub-Total 3,381.02
GRANT DISBURSEMENTS:
DLC – 22-02 Water Quality Improvement Grant:
LSA, Inc. – Water Quality Improvements (Invoice #25603) $ 6,595.00
MINUTES – REGULAR MEETING
FEBRUARY 15, 2024
DLC – 2017 319(H) Grant:
Precise Construction, Inc. – Wesley Lake Rain Gardens
(CO #1, 2 – Partial) 24,782.00
Sub-Total Grants $ 31,377.00
TOTAL DISBURSEMENTS FOR APPROVAL 02/15/2024 $ 34,758.00
TOTAL BALANCES $ 24,285.78
DETAIL OF BALANCES:
Manasquan Bank $ 8,943.59
NJ Cash Management Fund 15,342.19
TOTAL ON DEPOSIT $ 24,285.78
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
OLD BUSINESS
- 319(H) Grant (2017) – Mr. Brockel reported that we are in the process of closing out the project. There was extra work that needed to be done in Allenhurst, which resulted in a Change Order.
Jeannie Toher, City of Asbury Park Commissioner, asked if the cost is being picked up by the Deal Lake Commission.
Mr. Brockel explained this part of the Grant and it is covered. There is no cost to the Deal Lake Commission.
Resolution #24-024 – Approving Change Order #2 for the Rain Garden RFP which
includes the Tree Boxes awarded to Precise Construction, Inc.
increasing the contract by $11,810.00
UPON MOTION of Allenhurst, seconded by Loch Arbour, carried that the following Resolution be and the same is hereby adopted:
WHEREAS, on August 18, 2022 the Deal Lake Commission awarded a contract to Precise Construction, Inc. for the Ocean Grove Wesley Lake Rain Gardens and Alternate Bid Item – Three (3) Tree Well Bioretention Systems; and
MINUTES – REGULAR MEETING
FEBRUARY 15, 2024
WHEREAS, subsequent to the award of the contract there were changes to the contract which resulted in a decrease of $14,950.00 and an increase of $14,950.00 in some quantities for additional work due to unforeseen conditions and change in contract quantities to Asbuilt quantities, which resulted in Change Order No. 1; and
WHEREAS, subsequent to the work being done on the final phase of the project, it was determined that additional work was needed for the installation of the tree well in the Borough of Allenhurst; and
WHEREAS, this change resulted in an increase of $11,810.00 in the approved contract amount from $166,840.00 to $178,650.00; and
WHEREAS, the Deal Lake Commission Chief Financial Officer has certified that funds are available for said Change Order. No. 2.
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it does hereby approve Change Order No. 2 to the contract awarded to Precise Construction, Inc. for the Ocean Grove Wesley Lake Rain Gardens and Alternate Bid Item – Three (3) Tree Well Bioretention Systems increasing the contract by $11,810.00 from $166,840.00 to $178,650.00 due to additional work that was needed for the installation of the tree well in the Borough of Allenhurst;
BE IT FURTHER RESOLVED that the Commission Chairman is hereby authorized to execute Change Order No. 2; and
BE IT FURTHER RESOLVED that a certified copy of the resolution shall be forwarded to the following:
- Precise Construction, Inc.
- Deal Lake Commission Engineer
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
- Shoreline Protection/Education – No Update.
- Goose Remediation – Jessie Joseph, Commission Clerk, reported that all of the municipalities with the exception of Asbury Park, have paid their share of the 2023 Goose Remediation Program.
Carp Remediation – No Update.
MINUTES – REGULAR MEETING
FEBRUARY 15, 2024
- Restoration of 4 lakes/ponds west of Wickapecko Drive – No Update.
- New DEP Stormwater Management Grant – Mr. Brockel explained that this is a Federal Grant, and as such we needed to obtain a UEI number for filing the grant electronically. We finally received the UEI number. The DLC needs to do a resolution accepting the Grant and once that is complete, we can submit everything and hopefully get the project started.
Resolution #24-025 – Authorizing the Acceptance of a Grant between the Deal Lake
Commission and the State of New Jersey by and for the Department
of Environmental Protection in the amount of $890,400.00
UPON MOTION of Allenhurst, seconded by Asbury Park, carried that the following resolution, be and the same is hereby adopted:
WHEREAS, the Governing Body of the Deal Lake Commission desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of $890,400.00 to fund the project:
Green Infrastructure (GI) Projects AE Watershed and L – Improvement Project Seaview Watershed Deal Lake
NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Deal Lake Commission, that Donald Brockel, Chairman of the Deal Lake Commission, or successor of the office of Chairman, is authorized (a) to make application for such a grant, (b) if awarded, to execute a grant agreement with the State for a grant in an amount not less than $890,400.00 and not more than $890,400.00 and (c) to execute.
X any amendments thereto.
O any amendments thereto which do not increase the Grantee’s obligations
O any amendments thereto.
* The Deal Lake Commissioners authorizes and hereby agrees to match 10.78% of the Total Project Amount, in compliance with the match requirements of the agreement. The availability of the match for such purposes, whether cash, services, or property, is hereby certified up to X Exactly O 0% of the match will be made up of in-kind services (if allowed by grant program requirements and the agreement).
The Grantee agrees to comply with all applicable Federal, State and municipal laws, rules and regulations in its performance pursuant to the agreement.
MINUTES – REGULAR MEETING
FEBRUARY 15, 2024
ROLL CALL:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
NEW BUSINESS
- 2024 Weed Management Program
Resolution #24-026 – Authorizing Requests for Proposals for the 2024 Herbicide
Treatment at Select Areas of Deal Lake
UPON MOTION of Asbury Park, seconded by Interlaken, carried that the following Resolution, be and the same is hereby adopted:
WHEREAS, there exists a need for a herbicide treatment of Deal Lake in the Colonial Terrace, Hollow Brook Cove and any other section of Deal Lake that may be deemed in need of the herbicide treatment.
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commissioners that it hereby authorizes the Commission Clerk to advertise the Requests for Proposals for the 2024 Herbicide Treatment at select areas of Deal Lake.
ROLL CALL:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
- Flume Permit Rules – Mr. Brockel has received a request from the Mayor of Ocean Township asking for the lake to be lowered to 2 feet when there is a storm predicted with heavy rains. Right now, we are only allowed to lower the lake 1 ½ feet. He has sent in the request to the State.
Ms. Toher said there is a presentation on the DLC website about the lake lowering rules and regulations.
Mr. Brockel will be hosting an open house at the flume this summer so residents can see and understand how the lake lowering works.
- Jet Ski Usage on Deal Lake – Mr. Brockel asked the public for comments be sent to the DLC website about jet and water skiing on Deal Lake.
MINUTES – REGULAR MEETING
FEBRUARY 15, 2024
Hunt Parry, Commission Attorney, explained that the DLC is a joint commission and can only do so much. The Lake is governed by the State and they are the only ones to issue the summonses.
- Renewal of the Deal Lake Commission Charter – Mr. Brockel reminded the Commissioners that the 10-year Agreement is up at the end of 2024. The current Agreement is on the DLC website.
Resolution #24-027 – Authorizing the Deal Lake Commission Attorney to Prepare the
2025-2035 Agreement for the Reestablishment of a Joint Meeting
Known as the Deal Lake Commission
UPON MOTION of Allenhurst, seconded by Loch Arbour, carried that the following Resolution, be and the same is hereby adopted:
WHEREAS, since 1974, all of the municipalities bordering on Deal Lake have entered into an Agreement, renewed from time to time, to create the joint meeting known as the Deal Lake Commission in recognition of the fact that one cooperative body with a continuous existence to manage the welfare of the lake is beneficial to all municipalities bordering on the lake; and
WHEREAS, the current Agreement expires December 31, 2024.
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby authorizes Hunt Parry, Esq., Deal Lake Commission Attorney to prepare the 2025-2035 Agreement for the Reestablishment of a Joint Meeting known as the Deal Lake Commission.
ROLL CALL:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
- 2024 Deal Lake Spring Clean-Up – After a brief discussion it was decided to hold the Spring Clean-Up on March 16th, with a rain/snow date of April 6th.
Resolution #24-028 – Authorizing the 2024 Deal Lake Spring Clean-Up
UPON MOTION of Interlaken, seconded by Asbury Park, carried that the following Resolution, be and the same is hereby adopted:
WHEREAS, the Deal Lake Commission sponsors an annual Spring Clean-Up to remove accumulated debris and trash from the watershed.
MINUTES – REGULAR MEETING
FEBRUARY 15, 2024
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission, that the 2024 Spring Clean-Up be scheduled for March 16, 2024 from 9:00AM to Noon, with a rain/snow date of April 6, 2024 and the Commission Clerk, be and she is hereby directed to place ads in The Coaster to include the information noted above in an amount not to exceed $400.00.
ROLL CALL
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
- Mr. Brockel announced that he will be doing a presentation on March 6th from 2:00pm to 3:00pm for the 4th graders at Wanamassa School on the DLC’s environmental efforts to make Deal Lake a better lake for all.
PRESENTAION TO THE CLONET VOLUNTEERS
Ms. Toher spoke briefly about the volunteers and thanked them for all the testing they did in good and bad weather.
The Volunteers are: Patricia Hartman, Jeffrey Gold, Jennifer Zarcone, Rhiannon Long, DiAn Brannen, Mallory Brannen, MaryAnne Illes and Erin Conlon. T
The Commission Clerk handed out the Certificates to the Volunteers that were at the meeting.
Ms. Toher introduced and spoke briefly about Asbury Park’s Alternate DLC Commissioner for 2024 – Josh Starner. She also wanted to thank Eddie Winder, the previous Alternate, for all of the work that he did.
Josh Starner spoke briefly about himself and said he looks forward to working with everyone on the Commission.
PUBLIC HEARING
UPON MOTION of Ocean, seconded by Allenhurst, moved that the meeting be opened to the public.
Rhiannon Long, said she did her water sampling over by the flume and never noticed a problem with the jet skis.
Mr. Brockel explained that in recent years there have been more jet skis on the lake and there is a problem with the noise and speeding.
MINUTES – REGULAR MEETING
FEBRUARY 15, 2024
Jennifer Zarcone, also a water sampler, said she did her water sampling in Allenhurst by the Park. She has reached out to Allenhurst about the garbage that collects by the picnic tables because there are no trash cans there.
Bruce Fromer, Allenhurst Commissioner, will reach out to the Administrator to make sure garbage cans are placed over there.
John Bosmans, Principal at the Wanamassa School, thanked the Deal Lake Commission and is looking forward to Mr. Brockel’s presentation.
An Asbury Park resident asked to have more kayak racks available.
Mr. Brockel said that is not something the DLC controls. It’s each individual municipality.
There being no further comments and UPON MOTION of Allenhurst, seconded by Ocean, carried that the public hearing be closed.
COMMISSIONER’S LAST WORD
Margot Fernicola, Village of Loch Arbour Commissioner, announced the Clean Ocean Action Beach Sweep, April 13th from 9:00AM to 12:30PM.
Carolyn Roarty, Borough of Interlaken Commissioner, said this time of year there are a lot of loose and submerged watercraft or docks.
Mr. Brockel said pictures are taken and posted to Facebook.
Bruce Fromer, Borough of Allenhurst Commissioner, would like to see the jet ski rules and regulations from the Marine Police posted on the DLC website.
There being no further business and UPON MOTION Allenhurst, seconded by Ocean, carried that the meeting be finally adjourned at 8:00 PM.
_____________________________
Jessie M. Joseph, RMC
Commission Clerk