Meeting – December 3rd, 2020 – Minutes
DEAL LAKE COMMISSION
MINUTES – REGULAR MEETING
December 3, 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 December 3, 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 | 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 #20-068 – Resolution to Approve the Minutes of the Regular Meeting,
October 15, 2020
UPON MOTION of Interlaken, seconded by Asbury Park, carried that the following Resolution be adopted:
BE IT RESOLVED that the Minutes of the Regular Meeting of the Deal Lake Commission held on October 15, 2020 be and the same are hereby approved.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
MINUTES – REGULAR MEETING
December 3, 2020
Resolution #20-069 – Resolution to Approve Treasurer’s Report and Authorize Payment of
Bills
UPON MOTION of Asbury Park, seconded by Ocean, carried that the following Treasurer’s Report for October 15, 2020 be approved and the bills listed authorized for payment.
BALANCE ON HAND – PREVIOUS MONTH:
Manasquan Bank…………………………………………………………….$128,531.92
NJ Cash Management Fund…………………………………………………..42,305.41
TOTAL ON DEPOSIT………………………………………………….…$170,637.33
RECEIPTS
Interest – Manasquan Bank (October)………………….……………………..…106.71
Interest – Cash Management Fund (October)………………………………………2.07
Other – WM-18-016 Qtr. 7 reimbursement.……………………………….…11,244.52
TOTAL RECEIPTS…………………………………………………………..11,353.30
DISBURSEMENTS
2020 Appropriations:
Lorraine Carafa, CFO (November/December)………………………………….833.34
Jessie Joseph, Admin (November/December)……………………………………………1,250.00
Burke Environmental, Inc. Inv. #070828………………………….………….1,000.00
Burke Environmental, Inc. Inv. #070828 – additional fee………………………150.00
Connor, Strong & Buckelew, Inv. #21*831090………………………………3,157.00
Don Brockel (reimburse, storage fee November/December-$129.35 each)…… 258.70
Environmental Lanscape Design, LLC, Invoice #32360……………………….625.00
Hunt Parry, Esq. (4rd. Otr. Legal Services)……………………………………..500.00
JCP&L (Account #100xxxxxxx368)…………………………………………….12.00
Leon S. Avakian, Inc. (Invoice #12268)………………………………………..960.00
Midwest Floating Island, (Invoice #1418)…………………………………..20,317.01
Solitude Lake Management (Invoice #PI-A00499851)………………………2,167.50
The New Coaster (Invoice #56242- $300; #56201-$32.67)…………………….332.67
Yes Graphics – Signs (Invoice #6519)………………………………………….900.00
Verizon (a/c #242359875-2-001; Invoice #9865535939)…………………………40.10
Sub-total Disbursements…………………………………………………….32,503.32
319H, WM18-016:
Leon S. Avakian, Inc. (Invoice #12266)….………………………………….1,250.00
Princeton Hydro, LLC (Invoice #40666)…………………………………….1,035.84
MINUTES – REGULAR MEETING
December 3, 2020
Sub-total 319H………………………………………………………………..2,285.84
Flume Electrification:
Leon S. Avakian, Inc. (Invoice #12267)……………………………………..3,045.00
Total Grant Disbursements.…………………………………………………5,330.84
TOTAL DISBURSEMENTS…………………………………………….…37,834.16
BALANCES AFTER DECEMBER DISBURSEMENTS
Manasquan Bank……………………………………………………….…..102,048.99
NJ Cash Management Fund…………………………………………………42,307.48
TOTAL ON DEPOSIT……………………………………………………$144,356.47
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
OLD BUSINESS:
- Flume Electrification – Don Brockel, Commission Chairman, gave a brief update of the project. After the restoration is completed, it will basically a new building.
Peter Avakian, Commission Engineer, said there is a bill for the Commission’s approval tonight from Precise Construction in the amount of $121,706.20 that includes a Change Order in the amount of $43,750.00 for the concrete wall repair. The work was included in the original Bid Documents but was not awarded. As the project progressed the ACoE approved the inclusion of this work under the contract. The Township of Ocean is funding the project because the DLC does not have the ability to do so. The DLC will reimburse the Township of Ocean with the funds received from the State Aid Agreement once the project is completed. The work and voucher have been certified and now needs to be submitted to the Township of Ocean for payment. He said after this bill is paid there is approximately $10,000.00 remaining in the contract. He gave a brief list of the outstanding items. Mr. Avakian wanted to point out that
the amount awarded for the contract is roughly $543,225.00 along with the engineering component in the amount of $55,000.00 which brings the total of the amount awarded to a little under $600,000.00, the Commission should be very proud. This is an important project.
Mr. Brockel shared photos of the actuators that will be blue tooth controlled. He reported that when the gates are fully opened a green light will be visible on the outside of the gatehouse.
MINUTES – REGULAR MEETING
December 3, 2020
Resolution #20-070 – Resolution to Approval Submittal of Payment #5 to the Township of
Ocean for the Electrification of the Sluice Gates
UPON MOTION of Asbury Park, seconded by Interlaken, 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 the 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 Ocea 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
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 for the Project, along with the Engineer’s Certificate No. 5, for payment in the amount of $121,706.20; and
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commissioners that it hereby requests the Township of Ocean to pay the invoice of Precise Construction, Inc., Freehold, NJ in the amount of $121,706.20, in accordance with Section 2 of the Shared Services Agreement dated May 30, 2019.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbor, Ocean
Nays: None
Absent: Deal, Neptune
MINUTES – REGULAR MEETING
December 3, 2020
- 319(H) Grant – Jack Szczepanski, Environmental Consultant for the 319H Grant, explained that there are still funds available for the Floating Wetland Islands component of the grant. He received a quote from Midwest Floating Island in the amount of $9,883.48, which includes the five islands, armoring and the shipping. A meeting was set-up between the DLC professionals and a representative from the Wesley Lake Commission to walk the Wesley Lake Watershed to determine the best locations for the five additional Floating Wetland Islands. Like the Sunset Lake FWI’s, nothing can be done until the early Spring at which time he will order plants and set-up informational meetings.
Mr. Avakian said after the meeting with the Wesley Lake Commission he complied a listing of four specific items that could be completed under this contract. The Wesley Commission reached out to him by e-mail today agreeing. The project would include enhancing the rain garden on Main Street, install the rain gardens on fire lanes in Ocean Grove, pursue a Floating Wetland Island and if there is still monies left, tree boxes.
Dr. Szczepanski gave a brief overview of the educational component of the project.
Resolution #20-071 – Authorizing the Purchase of Five (5) Floating Wetland Islands
at Wesley Lake
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 as a cooperative effort with the Sunset Lake Commission and Wesley Lake Commission was awarded a 319(H) Grant to implement various
green infrastructure stormwater management projects with the goal of reducing non-point source pollutants; and
WHEREAS, part of the 319(H) Grant includes Floating Wetland Islands to be installed on Sunset Lake and Wesley Lake; and
WHEREAS, a quote was received from Midwest Floating Island, Saint Paul, MN for five (5) Floating Wetland Islands in the amount of $8,000.00, plus additional armoring in the amount of $721.25 and shipping in the amount of $1,162.23 for a total amount of $9,883.48; and
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby authorizes the award of contract for five (5) Floating Wetland Islands with the additional armoring and shipping to Midwest Floating Islands, Saint Paul, MN in an amount not to exceed $9,883.48; and
BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be forwarded to the following:
MINUTES – REGULAR MEETING
December 3, 2020
- Midwest Floating Island
- Wesley Lake Commission
- Commission Chief Financial Officer
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
Mr. Avakian brought up the educational component of the grant. With the help of Jeannie Toher, Asbury Park Commissioner, he has reconnected with the Asbury Park School System and the Asbury Park High School. They have an engineering program and he serves on the board that oversees some of the courses there. He has offered to have a few of the kids come out to observe the project and use that as the educational component of the grant. They can see the MTD installation which is close to the school as well as the rain garden in Ocean Grove. He spoke to them last week and he will have some of the students join in the pre-construction meeting for the MTD’s since it is being done virtually so they can get a flavor of what we are doing. Hopefully when we begin the project we can be out in the field.
- Ship & Sniff Program with Clean Ocean Action – Mr. Brockel explained that we are going to the next level now that the problem areas have been identified by the dogs. Clean Ocean Action now has the ability to do the actual testing which is Phase II.
Resolution #20-072 – Authorizing Phase II of the Ship & Sniff Program with Clean Ocean
Action
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 authorized Clean Ocean Action to conduct the “Ship & Sniff” Study Phase I to locate potential 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, Clean Ocean Action has submitted a Proposal dated November 30, 2020 for Phase II of the study to numerically quantify the bacteria pollution in priority locations that were identified in Phase I in the amount of $1,650.00; and
MINUTES – REGULAR MEETING
December 3, 2020
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby accepts Clean Ocean Action’s Proposal dated November 30, 2020 for Phase II of the
study to numerically quantify the bacteria pollution in priority locations identified in Phase I in an amount not to exceed $1,700.00; and
BE IT FURTHER RESOLVED that the funds for this project shall be made available from the 2021 Deal Lake Commission Budget Account entitled – Lake Maintenance.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
Stephen Souza, Environmental Consultant for the Deal Lake Commission, had some comments and concerns on the process. He feels there are other ways of trying to find and fix the problems.
- Seaview Mall – Held until the January 2021 meeting.
- Phase I New 319 with NJIT – Held until the January 2021 meeting.
- Nobility Crest – Mr. Brockel reported that Hunt Parry, Commission Attorney, is finishing up the letter to be sent from him as Commission Chairman.
- Signs – Mr. Brockel said the signs were purchased and are starting to be posted around the lake.
- Shoreline Protection/Education – Mr. Brockel reported on the Zoom Meeting with DEP that was set up by Ms. Toher. Dr. Souza, Mr. Avakian and Ms. Toher were involved in the meeting which took close to two hours. We shared some of the major issues and concerns we’ve had with the lake over the years.
Ms. Toher gave a brief outline of the discussion. They do have some educational material that they will be sending us to post on our website. One of the main topics of discussion was permits and more specifically, when does a homeowner who lives on the lake need to obtain a permit.
Dr. Souza said basically any work that is done along the shoreline of the lake may require a permit. The homeowner should file for a “jurisdictional determination” with the DEP for them to review the proposed activity so the can determine if a permit is needed. There are different types of regulations for different parts of the lake. We really need to get the homeowners to check with DEP before they do any type of work.
MINUTES – REGULAR MEETING
December 3, 2020
There was more discussion on the subject. Besides educating the people that live around the lake, we also need something in place to let the DLC know that a homeowner has been in contact with DEP for a jurisdictional determination.
Mr. Brockel said this was a great first meeting and we hope to have more in the future.
- 2021 Weed Treatment RFP – Mr. Brockel said we’ll discuss the 2021 Weed Treatment Proposal at the January 2021 meeting. He briefly went over the report from Solitude Lake Management. The bottom line is there is not much that can be done in that area of the lake, except to dredge or mechanical weeding.
Dr. Souza said it is a tricky area to treat.
- First Responders Park – Held until the January 2021 meeting.
- Coca Cola Plant – Mr. Avakian reported that the owner of the property has a demolition permit but no plans have been submitted.
- Fishing Question from October 15, 2020 Meeting – Mr. Brockel said he did check with some of his fishing buddies and the fishing was a little slow this year. He reached out to the DEP but has not heard back from them.
- Goose/Carp Remediation – Held until the January 2021 meeting.
- Resolution #20-073 – Authorizing the Removal of an Additional Tree Blocking
Navigation near Railroad Tracks on the Borough of Interlaken
Shoreline
UPON MOTION of Interlaken, seconded by Allenhurst, carried that the following Resolution be and the same is hereby adopted:
WHEREAS, a large tree has fallen into the lake blocking the navigation near the railroad tracks on the Borough of Interlaken Shoreline; and
WHEREAS, the Deal Lake Commission authorized Burke Environmental, Inc., Wall, NJ, to remove and dispose of the tree by way of Resolution #20-040 dated May 21, 2020 in an amount not to exceed $1,200.00; and
WHEREAS, after the tree was removed it was discovered there was an additional tree that was caught up under the original tree; and
MINUTES – REGULAR MEETING
December 3, 2020
WHEREAS, Burke Environmental, Inc. removed and disposed of the second tree for $150.00; and
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby authorizes the payment of $150.00 to Burke Environmental, Inc., Wall, NJ for the removal and disposal of the second tree that was caught up under the original tree.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
NEW BUSINESS
- Resolution #20-074 – Resolution to Approve the Proposed 2021 Budget and Assessments
UPON MOTION of Ocean, seconded by Allenhurst, carried that the following Resolution be and the same is hereby approved as proposed and the Clerk be directed to notify the constituent municipalities of the 2021 assessments (no change from prior years):
| REVENUES: | 2021
Proposed* |
| Allenhurst | $2,750.00 |
| Asbury Park | 11,000.00 |
| Deal | 1,750.00 |
| Interlaken | 10,000.00 |
| Loch Arbour | 3,750.00 |
| Neptune | 1,000.00 |
| Ocean | 19,750.00 |
| Surplus Applied | 29,000.00 |
| Grants Receivable: | |
| 319 H Grant | |
| DEP/Army Corps of Engineers – Flume Electrification | |
| TOTAL REVENUES ANTICIPATED FOR GENERAL OPERATIONS | $79,000.00 |
| EXPENDITURES: | |
| 401 – Administration (Clerk and CFO) | $12,500.00 |
| 402 – Postage | 300.00 |
| 403 – Supplies | 750.00 |
| 404 – Advertising | 3,000.00 |
| 411 – Legal Fees | 2,600.00 |
| 413 – Insurance | 4,000.00 |
| 420 – Engineering | 9,000.00 |
| 430 – Audit Fees | 2,250.00 |
| LAKE MAINTENANCE: | |
| 442 – Environmental Consultant | 6,000.00 |
| 443 – General Lake Maintenance | 29,600.00 |
| OTHER: | |
| 450 – Special Projects including website hosting/maintenance/virtual meeting expense | 5,000.00 |
| 470 – Utility Expenses | 4,000.00 |
| Sub-total Operating Expenditures | $79,000.00 |
| 490 | |
| 480 – Grants | |
| 319H Grant | |
| DEP/Army Corps of Engineers (Flume) | |
| Sub-total Grants | |
| TOTAL OPERATING EXPENSES | $79,000.00 |
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
- Resolution #20-075 – Authorizing the 2021 Rental of a Storage Unit for the Deal Lake
Commission
UPON MOTION of Interlaken, seconded by Allenhurst, carried that the following Resolution be and the same is hereby adopted:
WHEREAS, over the years the Deal Lake Commission has accumulated a large quantity of rakes, shovels, trimers and supplies which are used during lake clean-ups and at other times during the year; and
WHEREAS, there exists the need for a storage unit to store the items and other equipment.
MINUTES – REGULAR MEETING
December 3, 2020
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commissioners that it hereby authorizes the Commission Chairman to rent a storage unit for the year 2021 in an amount not to exceed $1,600.00.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune
- Loch Arbour Sand Remediation Plan – Mr. Brockel said the Mayor of Asbury Park reached out to him about the sand that was blowing into the lake from Loch Arbour. Mr. Brock thanked Margot Fernicola, Loch Arbour Commissioner, who took care of it immediately.
Ms. Toher asked if there was a long term solution to the problem.
Mr. Avakian said in the past we used to construct a seasonal berm, but the DEP has since determined it’s illegal.
- 2021 Grant Opportunities Supporting Local Resilience Work – Dr. Souza said after reviewing the grant and given the timeline and COVID it doesn’t make sense to pursue this grant at this time. He will keep looking for other grant opportunities.
Ms. Toher wanted to speak about water testing. Dr. Jason Adolf and Erin Conlon of Monmouth University were at the October DLC meeting to discuss water testing along the lake. The DLC is encouraging people to become citizen scientist to be able to do the water testing. The training is provided in-person and is conducted by either Dr. Adolf or Ms. Conlon. Two people were trained in November and two more will be trained this month. If anyone is interested, please go to the DLC website – Contact Us – as a heading put Citizen Scientist and proceed to send us a message that you would like to become a Citizen Scientist.
PUBLIC HEARING
UPON MOTION of Asbury Park, seconded by Interlaken, carried that the meeting be opened to the public for comments:
Jeff Gold, Ocean Township, thanked Ms. Toher for posting his request for anyone looking for their lost paddleboat, he has it. Since no one has come forward to claim it, he would like to ask the DLC for some help and suggestions in how he may dispose of it.
Mr. Brockel thanked all of the Commissioners and Professionals for making this a banner year for the Deal Lake Commission.
There being no further comments and UPON MOTION of Allenhurst, seconded by Interlaken, carried that the public hearing be closed. There being no further business and
MINUTES – REGULAR MEETING
December 3, 2020
UPON MOTION of Asbury Park, seconded by Allenhurst, carried that the meeting be finally adjourned at 8:04 PM.
_____________________________
Jessie M. Joseph, RMC
Commission Clerk