DLC Meeting – May 16th, 2024 – Minutes
DEAL LAKE COMMISSION
MINUTES – REGULAR MEETING
MAY 16, 2024
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 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 (S. Merlin) | x | |
| Loch Arbour (M. Fernicola) | x | |
| Neptune | x | |
| Ocean (D. Brockel) | x |
OTHERS PRESENT:
Hunt Parry, Esq., Commission Attorney
Peter R. Avakian, Commission Engineer
Dr. Stephen Souza, Environmental Consultant
Jessie M. Joseph, Commission Clerk
Resolution #24-034 – Resolution to Approve the Minutes of the Regular Meeting,
April 18, 2024
UPON MOTION of Ocean, 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 April 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
MAY 16, 2024
Resolution #24-035 – Resolution to Approve Treasurer’s Report and Pay Bills of the Deal
Lake Commission – May 16, 2024
UPON MOTION of Interlaken, seconded by Ocean, carried that the following Treasurer’s Report for May 16, 2024 be approved and the bills listed authorized for payment:
BALANCE ON HAND – PREVIOUS MONTH
Manasquan Bank $ 2,452.67
NJ Cash Management Fund 15,541.95
TOTAL ON DEPOSIT $ 17,994.62
RECEIPTS:
Township of Ocean – 2024 Assessment $ 19,750.00
Interest – Manasquan Bank – April 2024 17.87
Interest – NJ Cash Management Fund – April 2024 67.55
TOTAL RECEIPTS $ 19,835.42
TOTAL AVAILABLE $ 37,830.04
DISBURSEMENTS:
2024 Appropriations:
Don Brockel – Storage Unit Rental, May 2024 $ 152.81
JCP&L (3/26/24-4/23/24) 36.38
Verizon (3/24/24-4/23/24) 40.12
Clean Waters Consulting, LLC (4/1/24-4/30/24) 1,225.00
Richard Gartz – CFO Services (May 2024) 650.00
Jessie M. Joseph – Clerk Services (May 2024) 675.00
Sub-Total 2,779.31
DLC -22-02 Water Quality Improvement Grant
LSA, Inc. – Water Quality Improvements (Inv. 26316) $ 5.970.00
Sub-Total Grants $ 5,970.00
TOTAL DISBURSEMENTS 05/16/2024 $ 8,749.31
TOTAL BALANCES $ 29,080.73
DETAIL OF BALANCES:
Manasquan Bank $ 13,471.23
NJ Cash Management Fund 15,609.50
MINUTES – REGULAR MEETING
MAY 16, 2024
TOTAL ON DEPOSIT $ 29,080.73
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
OLD BUSINESS
- 319(H) Grant (2017) – Don Brockel, Commission Chairman, no update, still waiting for final payment.
- New DEP Stormwater Management Grant – Mr. Brockel explained that after nearly a year into the grant, we still do not have a signed contract. One of the biggest obstacles was the insurance but it appears to have been worked out. He hopes to have a contract soon. Also, there was an issue with the percentage of the in-kind match on the previous resolution, which needs to be adjusted. Dr. Souza explained what the in-kind match is.
Resolution #24-036 – 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 Interlaken, 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 adopted Resolution #24-025 on February 15, 2024 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; and
WHEREAS, subsequent to the acceptance of the Grant, the in-kind match changed from 10.78% to 9.86%; and
WHEREAS, it is necessary to rescind Resolution #24-025 and replace it with the following:
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 approximately $890,400.00to fund the following project:
Green Infrastructure (GI) Projects AE Watershed and L – Improvement Project Seaview Watershed Deal Lake
MINUTES – REGULAR MEETING
MAY 16, 2024
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 9.86% 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.
ROLL CALL:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
- Shoreline Protection/Education – Mr. Brockel complimented Jeannie Toher, Commissioner from the City of Asbury Park, for the great job she did in writing a letter to the State and she also spoke to Mr. Clark from the DEP.
Ms. Toher gave a brief synopsis of her conversation with Mr. Clark. She brought to his attention the DLC’s need for a consistent case manager. After the conversation that she had with him, we now have two case managers assigned to Deal Lake. She is hopeful that a meeting can be set up to discuss the compliance issues we have on the lake.
- Goose/Carp Remediation – Mr. Brockel said it appears the treatments are working. They have treated 7 or 8 nests so far.
- 2024 Weed Management Program – Mr. Brockel said the weed treatment is on-going. We do not have the exact date of when they will start. He went on to read the following report that was received from Lake Management Services: Surveyed the waterbody. Observed the minor growth of shoreline algae and the minor sprigs of Curly Leaf Pondweed. No treatment is required at this time. Treatment will occur at optimal time. LMS will return for further management.
MINUTES – REGULAR MEETING
MAY 16, 2024
- Marine Safety Rules on Deal Lake – No update.
- Renewal of the 2025-2035 Agreement for the Reestablishment of a Joint Meeting known as the Deal Lake Commission – The Commission Clerk will be sending out letters to all of the municipalities that make up the DLC pertaining to the renewal of the Deal Lake Commission. Included in the packet is a list of the DLC accomplishments, sample resolution and the renewal agreement itself.
- Lake Oil Spill March 10, 2024 – Mr. Brockel gave an update on the clean-up of the oil spill that took place in March on Memorial Drive between 4th and 5th. The owner has been very proactive. It is a long and complicated process.
Ms. Toher spoke to Greg Toro from Asbury Park who said they have cleaned out the MTD’s of oil at least five times.
There was a discussion on the clean-up and what is next.
- Status of Gate Repair – No update. Mr. Brockel did say the south gate is functional but we are trying to minimize its usage. At this point we will be using the north gate more.
NEW BUSINESS
- 50 Year Celebration – No update – hopes to have more information at the next meeting.
- Flume and Dam Ownership – Mr. Brockel said in researching for the insurance a lot of questions came up on who owns the flume and dam.
Mr. Avakian gave a brief explanation on what he knows. He had several conversations with the City Manager of Asbury Park and advised them that he had old survey drawings that show a common line between Asbury Park and Loch Arbour and the Flume bisects that common line. This makes it even more difficult because half of the flume is in Loch Arbour and half is in Asbury Park. He feels the DLC should meet with all of the parties and get this figured out once and for all.
Mr. Brockel said he would take ownership of the project and organize a meeting with all of the key parties.
Bruce Fromer, Commissioner for the Borough of Allenhurst, asked how this came about.
Mr. Avakian explained that Asbury Park questioned it because they were getting the same insurance issues on their side that we got. They wanted to confirm the ownership of the flume and gatehouse.
MINUTES – REGULAR MEETING
MAY 16, 2024
Ms. Toher told Asbury Park that the DLC had discussed forming a subcommittee to look into the ownership.
Mr. Brockel said that he already stated he would take ownership of the project and will get in touch with the key people and they will meet on Zoom.
There was more discussion on general liability insurance for the DLC.
- Clean Ocean Action Clean Ocean Action –
Resolution #24-037 – Authorizing Phase III of Phase III of Lab-based Water Quality
Investigation and Citizen Monitoring to Track Down Upstream
Pathogen Sources of Pollution in Deal Lake
UPON MOTION of Interlaken, seconded by Allenhurst, carried that the following Resolution, be and the same is hereby adopted:
WHEREAS, the Deal Lake Commission authorized Clean Ocean Action to conduct a Phase I to locate human sources of pathogen pollution in the Deal Lake Watershed by way of Resolution #4 on July 20, 2017; and
WHEREAS, the Phase I study that was completed in 2019 established the potential presence of contamination based on a pollution source track down investigation with environmental canine services; and
WHEREAS, the Deal Lake Commission authorized Phase II of the study to numerically quantify the bacteria pollution in priority locations identified in Phase I; and
WHEREAS, Clean Ocean Action has submitted a Proposal dated May 15, 2024 for Phase III of the study to track down and quantify bacteria pollution from select upstream sites in the Deal Lake Watershed in an amount not to exceed $5,100.00; and
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby accepts Clean Ocean Action’s Proposal dated May 15, 2024 for Phase III of the study to track down and quantify bacteria pollution from select upstream sites in the Deal Lake Watershed in an amount not to exceed $5,100.00; and
BE IT FURTHER RESOLVED that the funds for this project shall be made available from the 2024 Deal Lake Commission Budget Account entitled – Lake Maintenance.
MINUTES – REGULAR MEETING
MAY 16, 2024
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
Mr. Brockel said we will need to recruit testers. There will be some minor training before we do it and then we go out to the sites.
Ms. Toher asked if we had a date for the testing.
Swarna Muthukrishnan, from Clean Ocean Action, summer is the ideal time to get the best readings.
Mr. Brockel said pick a date and we will get some marketing done for lake monitors.
- NJ PACT REAL Rules – Ms. Toher said she received some information from the watershed institute encouraging people to comment on the NJ Pact Rules when the NJ Pact Rules are released. She received a courtesy copy May 10th and has not had a chance to look over the rules. They are encouraging people to comment on the rules once they are released in the New Jersey Register on July 1st.
Dr. Souza spoke briefly about the wide sweeping changes to a number of key rules with the goal being of trying to prepare New Jersey better for climate change.
Mr. Brockel will post the letter he received from the DEP on our website, which also has a list of the session dates.
- Flood survey being distributed – Mr. Brockel said some residents that got flooded during the storm on September 29th received letters from the State of New Jersey to take a survey.
COMMISSIONER’S LAST WORD
Bruce Fromer, Borough of Allenhurst Commissioner, reported that there is a dead tree on the bank on the lake in Allenhurst and there were four ospreys on the tree having a great time. The ospreys are back and flourishing on the lake.
Mr. Brockel announced that 1,800 northern pike were put in around the lake.
Mr. Brockel also announced that Asbury Park and Interlaken have not paid their 2024 Assessments.
MINUTES – REGULAR MEETING
MAY 16, 2024
PUBLIC HEARING
UPON MOTION of Ocean, seconded by Interlaken moved that the meeting be opened to the public.
Phil Villapiano, representing Deal Bar & Co., was there to discuss his outside dining area at the restaurant being overrun with midges. He was looking for suggestions from the DLC on what he should be doing to combat this issue. After meeting with pest control services and irrigation specialists, their suggestions were to place aerators on the water which would help keep the water moving, but they would interfere with other things on the lake such as kayakers and canoers. In doing research he came across diffusers that would be placed on the bottom of the lake to keep the water moving and they wouldn’t interfere with any of the recreational activities on the lake. He would like to get the DLC’s professional’s opinions on the diffusers.
Dr. Souza has installed many diffuser systems and discussed the different types and where they should be placed.
Jenna Manning, Asbury Park Green Team, wanted to thank the DLC for all that they do. She wanted to add that the GreenTeam has connected with the EPA’s creating resilient water utilities department and they would like to do a Climate Risk Assessment for Asbury Park for free. She would like to know if the DLC would like to participate.
There being no further comments and UPON MOTION of Interlaken seconded by Asbury Park, carried that the public hearing be closed. There being no further business and UPON MOTION Interlaken, seconded by Allenhurst, carried that the meeting be finally adjourned at 8:20 PM.
_____________________________
Jessie M. Joseph, RMC
Commission Clerk