DLC Meeting – July 15, 2021 – Minutes
DEAL LAKE COMMISSION
MINUTES – REGULAR MEETING
July 15, 2021
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 4, 2021, 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 (B. Fromer) | x | |
| Asbury Park (J. Toher) | x | |
| Deal | x | |
| Interlaken (C. Roarty) | x | |
| Loch Arbour (M. Fernicola) | x | |
| Neptune (E. Houghtaling) *arrived at 7:52 pm | x | |
| Ocean (D. Brockel) | x |
OTHERS PRESENT:
Hunt Parry, Esq., Commission Attorney
Peter R. Avakian, Commission Engineer
Dr. Stephen Souza, Environmental Consultant
Dr. Jack Szczepanski, Environmental Consultant 319H Grant
Jessie M. Joseph, Commission Clerk
Resolution #21-046 – Resolution to Approve the Minutes of the Regular Meeting
June 17, 2021
UPON MOTION of Ocean, seconded by Allenhurst, carried that the following Resolution be and the same is hereby adopted:
NOW, THEREFORE, BE IT RESOLVED that the Minutes of the Regular Meeting of the Deal Lake Commission held on June 17, 2021 be and the same are hereby approved (Deal does not vote).
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
MINUTES – REGULAR MEETING
July 15, 2021
Resolution #21-047 – Resolution to Approve Treasurers Report and Pay Bills
UPON MOTION of Asbury Park, seconded by Interlaken, carried that the Treasurer’s Report for July be approved and the bills listed authorized for payment:
BALANCE ON HAND – PREVIOUS MONTH:
Manasquan Bank $ 95,233.69
NJ Cash Management Fund 42,318.85
TOTAL ON DEPOSIT $137,552.54
RECEIPTS
Interest – Manasquan Bank (June) 92.19
Interest – Cash Management Fund (May) .91
Other – 0.00
TOTAL RECEIPTS 93.10
DISBURSEMENTS
2021 Appropriations:
Lorraine Carafa, CFO, July; postage, $2.40; supplies, $27.71 446.78
Jessie Joseph, Admin, July 625.00
Don Brockel, July reimbursement 580.29
JCP&L, a/c #100XXXXXX368 23.95
Leon S. Avakian, Inc., May #114707 1,290.00
Mastermix Audio Media, LLC, website renew; Zoom subscription;
Teleconference mgmt. 527.82
Princeton Hydro, LLC, Consulting, June 300.00
Solitude Lake Management, Inv. #PL-A00620823 4,642.00
The New Coaster, Inc. #57555; #57426 73.71
Verizon (a/c#24xxxx875-2-0001; Invoice #9882561770 40.12
Sub-total Disbursements 8,549.67
Grant Disbursements
319H, WM18-016:
Pinelands Nursey & Supply, Inv. 019890, $650.00; #019889, $540.00 1,190.00
Princeton Hydro, LLC, May #42193 11,761.57
Flume Electrification:
Precise Construction, Inc., Flume Electrification 44,527.25
MINUTES – REGULAR MEETING
July 15, 2021
Total Grant Disbursements 57,478.82
TOTAL DISBURSEMENTS 66,028.49
BALANCES AFTER JULY DISBURSEMENTS
Manasquan Bank 29,297.39
NJ Cash Management Fund 42,319.76
TOTAL ON DEPOSIT $ 71,617.15
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
OLD BUSINESS
- Flume Electrification –
Resolution #21-048 – Resolution to Approve Submittal of Payment to the Township of
Ocean for the Electrification of the Sluice Gates
UPON MOTION of Ocean, seconded by Asbury Park, carried that the following Resolution be and the same is hereby adopted:
WHEREAS, the Township of Ocean and the Deal Lake Commission entered into a Shared Services Agreement dated May 30, 2019, in recognition of the joint benefit to accrue to the Township of Ocean and the Deal Lake Commission for the successful completion of the Electrification of the Sluice Gates (hereinafter referred to as “Project”), and in further recognition that the Deal Lake Commission lacks available funds with which to pay the costs of completing the Project; and
WHEREAS, the Township of Ocean has adopted a capital ordinance appropriating $550,000.00 to enable the Township of Ocean to make advances contemplated with respect to the costs of the Project; and
WHEREAS, Section 2 of the Agreement requires the Deal Lake Commission to submit to the Township of Ocean a written request to pay invoices for work incurred along with copies of the related vendor/contractor invoices and a certification by an authorized officer of the Deal Lake Commission that all of the costs reflected by such invoices constitute Project costs eligible for reimbursement by the Division of Coastal Engineering under the State Aid Agreement, that such costs have not been the subject of any previous invoice; and
MINUTES – REGULAR MEETING
July 15, 2021
WHEREAS, Peter R. Avakian, P.E., the Deal Lake Commission Engineer has submitted the signed contractor’s voucher from Precise Construction, Inc., Freehold, NJ, the contractor of the Project along with the Engineer’s Certificate No. 6 for payment in the amount of $82,654.50; and
WHEREAS, the total funds remaining and available to the Deal Lake Commission from the Township of Ocean are $38,127.25; and
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commissioners that it hereby requests the Township of Ocean to pay Precise Construction, Inc., Freehold, NJ the amount of $38,127.25, in accordance with Section 2 of the Shared Services Agreement dated May 30, 2019; and
BE IT FURTHER RESOLVED by the Deal Lake Commissioners that the remainder of Precise Construction, Inc.’s invoice in the amount of $44,527.25 be paid by the Deal Lake Commission, which funds will be reimbursed by the Division of Coastal Engineering under the State Aid Agreement.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
Jeannie Toher, Asbury Park Commissioner, asked if the remaining two gauges were installed.
Peter Avakian, Commission Engineer, said all of the gauges have been installed.
Don Brockel, Commission Chairman, gave the locations of the gauges. He just received the operations manual and will be handing it over to the Commission Clerk to keep with the file. The Commission Engineer will also have a copy.
Mr. Avakian explained that the project is done and he has processed the payment for reimbursement to the State and the ACoE.
Mr. Brockel said the DLC webmaster is working on getting a live feed from the flume on the website.
Bruce Fromer, Borough of Allenhurst Commissioner, asked how much the DLC will be reimbursed.
MINUTES – REGULAR MEETING
July 15, 2021
Mr. Avakian said we met with the State and ACoE during the course of the project and kept them fully apprised of the scope of the work and any potential change orders. Ocean Township will be reimbursed the full $550,000.00 and any amount over that will be reimbursed to the Deal Lake Commission.
- 319(H) Grant – Dr. Jack Szczepanski, Environmental Consultant for the 319(H) Grant, gave an update on the Floating Wetland Islands (FWI’s) that were installed. He will be going out to make some adjustments to the fencing on one of the islands located in Wesley Lake. He will be working with Mr. Avakian’s team and the Asbury Park Environmental and Shade Tree Commission’s on the tree boxes.
Mr. Avakian gave an update on the rain garden portion of the project.
Mr. Brockel asked for the status of the rain garden by the Asbury Park Train station.
Dr. Szczepanski, said it’s just a matter of figuring out how much we can spend on the plants.
Ms. Toher asked for a description of the tree boxes and their locations.
Dr. Szczepaksi described the plants or trees that will be planted in the tree boxes and some of the locations. He will have more details at the next meeting.
Mr. Brockel announced that he MTD installations will be delayed until after the Sea, Hear, Now Festival in Asbury Park.
- New 319 Grant Phase I with NJIT – Mr. Brockel said NJIT has mapped out a depth chart of Deal Lake.
- Nobility Crest – To be discussed in closed session.
- Shoreline Protection/Education – Mr. Brockel shared pictures of the work being done in the rear yard by the lake at 1327 Locust Drive, Asbury Park. The work was done without permits being issued. DEP was informed. The work definitely disturbed the flood hazard area.
Dr. Stephen Souza, Environmental Consultant for the DLC, said we received confirmation that this is regulated under land use in this portion of the lake. The DEP has been informed. There is clearly an infraction but the DLC does not have enforcement capabilities. We did what we were supposed to do in reporting the incident, it is now up to the DEP.
Ms. Toher had comments to make regarding this situation. She also wanted to reiterate the importance of educating the public about these types of issues and the importance of reporting what they see to the DEP. She went on to ask if we were done having the breakfast meetings that were part of the 319 Grant requirement.
MINUTES – REGULAR MEETING
July 15, 2021
Dr. Szczepanski told her they got derailed by the COVID restrictions. He has been working with Kevin Gould and his class from Asbury Park High School to do an informational class.
There was a brief discussion on the importance of educational training.
- 2021 Weed Treatment – Mr. Brockel reported that the treatment is done and so far it’s doing well.
Dr. Stephen Souza, Environmental Consultant for the DLC, wanted to point out that there will be weeds but it is certainly much better. Doing the treatment earlier has definitely helped.
- Coca Cola Plant – No Update. Mr. Avakian said the public hearing is still scheduled for July 28th.
Ms. Toher asked if she should be sending an e-blast to remind everyone about the Public Hearing.
- Goose/Carp Remediation – Mr. Brockel said there are no dates for the application yet, but the areas should be treated sometime in August.
Dr. Souza said he has completed the carp removal permit but has not filed it. We need to know dates before it can be filed. He suggested later in August.
There was a brief discussion on carp and carp remediation. This will be discussed more at the next meeting.
- Ship & Sniff Program with Clean Ocean Action – No Update.
- Seaview Mall – No Update
- Restoration of 4 lakes/ponds west of Wickapecko – Mr. Brockel said that he has had numerous discussions with residents of the area by Lollipop Pond and Fireman’s Pond. We are hoping to set up a meeting in August with the new Township Manager in Ocean Township to see what can be done to help resolve the problems in that area. The geese situation in Lollipop Pond is out of control.
Ms. Toher asked the Commissioners of they notice any difference since the goose addling was done.
The general consensus was favorable that the goose population has gone down.
- Water Testing: Monmouth University and Monmouth County – No Update.
MINUTES – REGULAR MEETING
July 15, 2021
NEW BUSINESS
- 1327 Locust Drive, Asbury Park – already discussed under Shoreline Proetection/Educattion.
Commissioner’s Last Word
Margot Fernicola, Village of Loch Arbour Commissioner, reported that she went to the last Town Meeting and discussed Deal Lake. She was surprised that the Loch Arbour residents new very little about the lake. In their most recent newsletter, there is a lot of information about the lake. She wanted to stress to the residents that what they do at their home’s effects not only the lake but the ocean as well. She also wanted to mention how much she enjoyed working on the FWI’s.
Carolyn Roarty, Borough of Interlaken Commissioner, said she has noticed with the increase in the summer population, there has been an increase in trash and plastics along the storm drains and roadways.
Jeannie Toher, City of Asbury Park Commissioner, said since the incident with 1327 Locust Drive, she is convinced more than ever on the need to educate and get the information together to distribute to homeowner’s along the lake as well as the municipalities. She is willing to work on that effort.
Dr. Souza came back on to say after he did some research, he found the following: 1) that the last round of testing that was done by the DEP was 2017/2018. Of all the parameters that were monitored at the six locations around the lake, we were out of compliance with too much phosphorus, which we are aware of and has always been a problem. Too much phosphorus entering the lake causes harmful algae blooms. One location tested positive for e-coli. Beyond that we were in compliance. This was data that was compiled by the DEP and Monmouth County Health Department; 2) the lake has not had a harmful algae bloom this year, as per the DEP website which is current through this week; 3) there is a sampling of the water test called a priority pollutant analysis and it costs approximately $2,000.00 per sample to run.
**7:52PM – Eric Houghtaling, Township of Neptune Commissioner joint the meeting.
Bruce Fromer, Borough of Allenhurst Commissioner, made an observation about a home at the end of Deal Lake Drive that has no fencing and the homeowner has placed sand on the property. He also noticed that after these storms we’ve had lately there are a number of large branches leaning on the shoreline in Allenhurst. What should be done with them.
Mr. Brockel said it’s a judgement call. Smaller ones should be removed so they don’t float into the lake and make their way to the flume. The new DPW Director in Allenhurst has reached out to him and they will be meeting to discuss the shoreline on the lake.
MINUTES – REGULAR MEETING
July 15, 2021
Eric Houghtaling, Township of Neptune Commissioner, asked if homeowners can remove the branches. The lake legislation has gone through the Senate and is now waiting for the Governor to sign. The balloon legislation is on hold until November.
Don Brockel, Township of Ocean Commissioner and Chairman, also wanted to say what a great experience it was working together to install the FWI’s. He received an e-mail from the County and we will be getting our boom back. It’s just a matter of where we want to place it.
Ms. Toher wanted to remind everyone of the Workshop Meeting beginning at 6:00 PM prior to our Regular September Meeting. We will have a guest speaker from NJ Fish and Wildlife discussing the geese problems
PUBLIC HEARING
UPON MOTION of Neptune, seconded by Asbury Park, carried that the meeting be opened to the public for comments:
Ernest Magnoli, a former Asbury Park resident and current resident of Florida, wanted to ask why Assemblyman Houghtaling has not answered the over 300 e-mails he sent him regarding his concerns about the condition of the Deal Lake.
Melanie Nowlin, Loch Arbour resident, commented on the following:
1) she saw a boat sinking in Deal Lake with no one around it;
2) she spoke last year to the gentleman who did the carp bow & arrow shooting and he told her he gives the carp to a bird sanctuary;
3) she also mentioned that at the Loch Arbour town meeting they wanted to get the word out about homeowners getting sensors put on their lawn sprinklers so they don’t turn on when it’s raining;
4) Loch Arbour is having such a problem with landscapers blowing the grass into the street, which than goes into the storm drains, they are now looking into a three month ban on blowers.
There being no further comments and UPON MOTION of Ocean, seconded by Allenhurst, carried that the public hearing be closed.
Resolution #21-049 – Resolution Declaring Closed Session
UPON MOTION of Ocean, seconded by Allenhurst, carried that the following Resolution be and the same is hereby adopted:
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances; and
MINUTES – REGULAR MEETING
July 15, 2021
WHEREAS, the Deal Lake Commission is of the opinion that such circumstances presently exist; and
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission as follows:
- The Public shall be excluded from discussion of and action upon the hereinafter specified subject matters.
- The general nature of the subject matter to be discussed is as follows:
C1. Potential Litigation
- The Deal Lake Commission will make the minutes of the closed session public when the need for confidentiality no longer exist.
- This resolution shall take effect immediately.
RECORED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Neptune, Ocean
Nays: None
Absent: Deal
The Deal Lake Commission then went into closed session.
UPON MOTION of Neptune, seconded by Interlaken, carried that the meeting be reconvened and the following resolution be considered:
Resolution #21-050 –
UPON MOTION of Neptune, seconded by Asbury Park, carried that the following Resolution, be and the same is hereby adopted:
WHEREAS, the Deal Lake Commission hereby authorizes Hunt Parry, Esq., Attorney for the Deal Lake Commission, to proceed with the accumulation of the photographic evidence of the two (2) violations and packaging same for submission to Peter S. Falvo, Jr., Esq., Attorney for Amboy Bank/AB Nobility Crest, LLC.
RECODRED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Neptune, Ocean
Nays: None
Absent: Deal
MINUTES – REGULAR MEETING
July 15, 2021
There being no further business and UPON MOTION of Neptune, seconded by Allenhurst, carried that the meeting be adjourned at 8:44 PM.
_____________________________
Jessie M. Joseph, RMC
Commission Clerk