Meeting – December 5th, 2019 – Minutes
DEAL LAKE COMMISSION
MINUTES – REGULAR MEETING
December 5, 2019
The Regular Meeting of the Deal Lake Commission was held in the Borough of Interlaken Municipal Building, 100 Grassmere Avenue, and called to order at 7:20 PM by the Commission Chairman. After the salute to the Flag, the Commission Clerk announced that the notice requirements of Open Public Meetings Act (C.231, P.L. 1975), were met by transmitting the notice to the Commission’s official newspaper on February 7, 2019, posting where required and filing a copy of the notice with the Commission Clerk.
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
Matt Mariano, Commission Engineer
Jack Szczepanski, Environmental Consultant
Jessie M. Joseph, Commission Clerk
Resolution #19-057 – Resolution to Approve the Minutes of the Regular Meeting,
October 17, 2019
UPON MOTION of Ocean, seconded by Allenhurst, 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 17, 2019 be and the same are hereby approved (Deal, Loch Arbour and Neptune do not vote).
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Ocean
Nays: None
Absent: Deal, Loch Arbour, Neptune
MINUTES – REGULAR MEETING
December 5, 2019
Resolution #19-058 – Resolution to Approve Treasurer’s Report and Authorize Payment of
Bills
UPON MOTION of Allenhurst, seconded by Interlaken, carried that the following Treasurer’s Report for December 5, 2019 be approved and the bills listed authorized for payment.
BALANCE ON HAND – PREVIOUS MONTH:
Manasquan Bank……………………………………………………………..$ 91,626.04
NJ Cash Management Fund……………………………………………………41,891.00
TOTAL ON DEPOSIT………………………………………………….…..$133,517.48
RECEIPTS
Interest – Manasquan Bank (October-November)…………………….…………..159.10
Interest – Cash Management Fund (October)………………………………………70.58
Other
TOTAL RECEIPTS…………………………………………………………….…229.68
DISBURSEMENTS
2019 Appropriations:
Lorraine Carafa, CFO (November-December)….…………………………………433.34
Jessie Joseph, Admin (November-December)………………………………………….816.66
Don Brockel, reimburse, storage fee (November, December, Fall Clean-Up
reimbursement)……………………………………………………..564.45
Leon S. Avakian, Inc., General, Invoice #09522…………………………………..620.00 JCP&L……………………………………………………………………………….22.00
Environmental Landscape Design, LLC, Invoice #29666………………………10,021.00
Mastermix Audio Media……………………………………………………………131.88
Grant Disbursements:
Leon S. Avakian:
319H, Invoice #09520………………………………………..……….……….3332.50
Flume Electrification, #09521…………………………………………………5,152.50
Princeton Hydro, LLC: 319H, Invoice #37959…………………………………………..3,698.31
TOTAL DISBURSEMENTS…………………………………………………….25,242.64
BALANCES AFTER DECEMBER DISBURSEMENTS
Manasquan Bank……………………………………………………….…………66,542.50
NJ Cash Management Fund………………………………………………………41,962.02
TOTAL ON DEPOSIT………………………………………………………..$108,504.52
MINUTES – REGULAR MEETING
December 5, 2019
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Ocean
Nays: None
Absent: Deal, Loch Arbour, Neptune
OLD BUSINESS:
- Flume Electrification – Matt Mariano, representing the Commission Engineer, gave a brief update of the project and reviewed some of the changes that needed to be made. The modifications to raise the surge chamber are complete and the grating over the surge chamber has been installed. The existing sluice gate maintenance and repairs are complete. The electrical conduit from the JCP&L utility pole to the Gate House has been installed and the wiring is to be installed next week.
Don Brockel, Commission Chairman, said the equipment and materials have been ordered with a January delivery date. The project should be completed in the Spring. Mr. Brockel explained that Ocean Township is funding the project since the DLC does not have the ability to do so. The DLC will be reimburse Ocean Township with the funds received from the State Aid Agreement. A voucher was received from Precise Construction, Inc. for the work done so far. The work and voucher have been certified by the Commission Engineer and it now needs to be submitted to Ocean Township for payment.
Resolution #19-059 – Resolution to Approve Submittal of Payment to Township of Ocean
for the Electrification of the Sluice Gates
UPON MOTION of Ocean, seconded by Allenhurst, 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 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
MINUTES – REGULAR MEETING
December 5, 2019
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. 1, for payment in the amount of $124,418.84; and
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby requests the Township of Ocean to pay the invoice of Precise Construction, Inc., Freehold, NJ in the amount of $124,418.84, in accordance with Section 2 of the Shared Services Agreement dated May 30, 2019.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Ocean
Nays: None
Absent: Deal, Loch Arbour, Neptune
- Interlaken to Loch Arbour Bridge – No update.
- 319(H) Grant – Mr. Brockel gave a brief overview of the project. The DLC received a grant in the amount of $735,000.00 and we are teaming up with both Wesley Lake and Sunset Lake in Asbury Park.
Mr. Mariano reported on the field survey work and site investigations of existing utilities that would allow for the placement of manufactured treatment devices to service both Deal Lake and Sunset Lake at outfall discharge points into Deal Lake at Asbury Park High School north of the little league field next to the NJ Transit right-of-way. We are trying to provide an efficient treatment of stormwater, while avoiding utility conflicts as much as possible.
Jack Szczepanski, Commission Environmental Consultant, reported on the items that Princeton Hydro has been addressing upstream with both the Wesley and Sunset Lake Commissions. The work includes the locations and installation of the floating wetland islands, bioswale and curbside tree boxes. Part of the grant requirements is to hold a series of three informational meetings. The first one is going to be a breakfast/brunch meeting to be held on January 8, 2020 at 11:00 AM in the Village of Loch Arbour courtroom. The meeting is by invitation only and is limited to the DLC Commissioners and their respective Directors of Public Works, Mayor/Manager and a representative from their Planning Board/ Shade Tree Commission. There will be two more meeting with the next one being held in the Spring when we are closer to installation of the project and again in the Fall to review the upkeep and maintenance. The expenses related to the meetings are covered under the grant.
MINUTES – REGULAR MEETING
December 5, 2019
Resolution #19-060 – Authorizing the Breakfast/Brunch Informational Meeting #1
UPON MOTION of Ocean, seconded by Interlaken, carried that the following Resolution be and the same is hereby adopted:
WHEREAS, the Deal Lake Commission received a Water Quality Restoration Grant entitled Green Infrastructure BMP’s to Reduce Non-Point Source Loading to Deal Lake, Sunset Lake and Wesley Lake – Grant Identifier WM18-016 from the State of New Jersey DEP dated October 30, 2018; and
WHEREAS, one of the requirements of the grant is to hold three (3) informational breakfast/brunch meetings; and
WHEREAS, the first meeting will be held on January 8, 2020 at 11:00 AM at the Village of Loch Arbour Municipal Building located at 550 Main Street, Loch Arbour and is limited to
the Commissioners from the Deal Lake Commission, Wesley Lake Commission, Sunset Lake Commission, their Director of Public Works, Mayors/Managers and a representative from their Shade Tree Commission and Planning Board; and
WHEREAS, there is a need to purchase food and beverages to be served at the meetings that will be covered by the Grant; and
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby authorizes the Chairman of the Deal Lake Commission to purchase food for the three (3) informational breakfast/brunch meetings at a cost not to exceed $500.00.
RECORED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Ocean
Nays: None
Absent: Deal, Loch Arbour, Neptune
- Organic Material Removal from Fireman’s Pond – No update.
- Water Testing: Monmouth University and Monmouth County – Mr. Brockel reported that Dr. Jason Adolf from Monmouth University is looking for community member volunteers to be trained as citizen scientists for the second phase of the project. The volunteers will be trained to use sampling kits and file their results through an on-line data base. All of the information on how to sign up and the program itself is on the DLC website.
- Ship & Sniff Program with Clean Ocean Action – Representatives from Clean Ocean Action gave a brief presentation on the results of the Ship & Sniff program. The presentation will be posted on the DLC website.
MINUTES – REGULAR MEETING
December 5, 2019
Mr. Brockel said he will be sending the results to TOSA.
Resolution #19-061 – Authorize Clean Ocean Action to Prepare a Proposal for the Ship and
Sniff Program
UPON MOTION of Ocean, seconded by Interlaken, carried that the following Resolution be and the same is hereby adopted:
WHEREAS, the Deal Lake Commission hereby authorizes Clean Ocean Action to submit a proposal combining environmental canine services and citizen monitoring to track down potential human pathogen sources of pollution in Deal Lake.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Ocean
Nays: None
Absent: Deal, Loch Arbour, Neptune
- Loch Arbour Tree Plating Project – Mr. Brockel said the plantings, benches and trash receptacles are in place. He will have an update at the January meeting.
- Fall Clean-up Report – Mr. Brockel reported that the clean-up was a great success. Over 155 people showed up and more than two tons of material were removed from the lake.
- Seaview Mall Update – Mr. Brockel said after the meeting between Senator Gopal, Freeholder Arnone, representatives from the Deal Lake Watershed Alliance and himself, it appears things are moving in the right direction. He will have an update at the January meeting.
- Resolution #19-062 – 2018 Audit – Commissioners must certify that they have read, at a minimum, the Comments and Recommendations section of the Audit.
UPON MOTION of Allenhurst, seconded by Ocean, carries that the following Resolution be and the same is hereby adopted:
WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and
WHEREAS, the Annual Report of Audit for the year 2018 has been filed by a Registered Municipal Accountant with the Commission Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the Commission; and
WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to local fiscal affairs; and
MINUTES – REGULAR MEETING
December 5, 2019
WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the Commissioners overseeing the operation of the Commission shall be resolution certify to the Local Finance Board of the State of New Jersey that all members of the Commission have reviewed, at a minimum, the sections of the annual audit entitled “General Comments” and “Recommendations”; and
WHEREAS, the members of the Commission have personally reviewed at a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “General Comments “and “Recommendations” as evidenced by the group affidavit for the Commission attached hereto; and
WHEREAS, such resolution of certification shall be adopted by the Commission no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and
WHEREAS, all members of the Commission have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and
WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the Commission to the penalty provisions of R.S. 52:27BB-52, to wit:
R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date
fixed for compliance, fails or refuses to obey an order of the director (Director of Local
Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit
his/her office.
NOW, THEREFORE, BE IT RESOLVED that the Commissioners of the Deal Lake Commission hereby state that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlake, Ocean
Nays: None
Absent: Deal, Loch Arbour, Neptune
- Resolution #19-063 – Resolution to Approve the Proposed 2020 Budget and Assessments
MINUTES – REGULAR MEETING
December 5, 2019
UPON MOTION of Ocean, seconded by Asbury Park, carried that the following budget for the year 2020 be and the same is hereby approved as proposed and the Clerk be directed to notify the constituent municipalities of their 202 assessments (no change from prior years):
| REVENUES: | 2020
Proposed* |
2019
Appropriation Unexpended Balances** |
| 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: | ||
| 319H Grant | 4,400.00 | 687,531.21 |
| DEP/Army Corps of Engineers – Flume Electrification | 520,429.00 | |
| TOTAL REVENUES ANTICIPATED FOR GENERAL OPERATIONS | $83,400.00 | |
| EXPENDITURES: | ||
| 401 – Administration (Clerk and CFO)(increase offset by grant funds) | $12,500.00 | $ 1,850.00 |
| 402 – Postage | 300.00 | 275.65 |
| 403 – Supplies | 500.00 | 361.50 |
| 404 – Advertising | 3,000.00 | 2,699.42 |
| 411 – Legal Fees | 2,575.00 | 550.00 |
| 413 – Insurance | 4,000.00 | 968.08 |
| 420 – Engineering | 7,000.00 | 2,760.00 |
| 430 – Audit Fees | 2,250.00 | 250.00 |
| LAKE MAINTENANCE: | ||
| 442 – Environmental Consultant | 6,000.00 | 69.60 |
| 443 – General Lake Maintenance | 38,775.00 | 35,804.92 |
| OTHER: | ||
| 450 – Special Projects including website hosting/maintenance | 5,000.00 | 1,524.25 |
| 470 – Utility Expenses | 1,500.00 | 1,040.09 |
| Sub-total Operating Expenditures | $83,400.00 | 12,348.59 |
| 490 – Donation (S. Kassin, LA Project) | 9,748.05 | |
| 480 – Grants | ||
| 319H Grant | 687,531.21 | |
| DEP/Army Corps of Engineers (Flume) | 520,429.00 | |
| Sub-total Grants | $1,242,335.21 | |
| TOTAL OPEARTING EXPENSES | $83,400.00 |
MINUTES – REGULAR MEETING
December 5, 2019
**Appropriations balances as of October 17, 2019
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Ocean
Nays: None
Absent: Deal, Loch Arbour, Neptune
- Asbury Avenue – Mr. Brockel reported that there is an issue with a storm grate on Asbury Avenue. He reached out to the County and they are going to fix it.
NEW BUSINESS
- 2020 Weed Treatment Program –
Resolution #19-064 – Authorizing 2020 Weed Treatment Request for Proposals
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 wishes to address the problem of excessive weed growth at various locations on Deal Lake; and
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby authorizes Dr. Stephen J. Souza, Environmental Consultant to prepare a Request for Proposals for the 2020 Weed Treatment Program at various locations on Deal Lake.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Ocean
Nays: None
Absent: Deal, Loch Arbour, Neptune
- Letter from Asbury Park resident – Hunt Parry, Commission Attorney, read a letter (attached at the end of the Minutes as Attachment A) that was received from Jess Goldstein, Asbury Park, regarding his concerns over the increasing amount of weeds on the lake.
- Resolution #19-065 – Authorizing the 2020 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 the lake clean-ups and at other times during the year; and
MINUTES – REGULAR MEETING
December 5, 2019
WHEREAS, there exists the need for a storage unit to store the items and other equipment.
NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby authorizes the Commission Chairman to rent a storage unit for the year 2020 in an amount not to exceed $1,600.00.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Ocean
Nays: None
Absent: Deal, Loch Arbour, Neptune
- DLWA Workshop Date – Mr. Brockel said there will be a Workshop meeting between the DLC and the Deal Lake Watershed Alliance prior to the February 20, 2020 Regular DLC meeting. It will be from 6:00 PM – 7:00 PM.
- Hollywood Golf Course – Mr. Brockel reported on a phone call he received from a representative of Hollywood Golf Course saying they are willing to restore the damn that was destroyed.
- Great Lakes of NJ – Mr. Brockel gave a brief report on the meeting that was held with representatives from other large lakes in New Jersey.
Don Nissim, Borough of Interlaken’s Commissioner, spoke about the past eight and half years he spent on the Deal Lake Commission. He is pleased to see some of the projects finally come to fruition, especially the electrification of the flume. He thanked everyone involved with the Commission for their time and dedication to Deal Lake.
PUBLIC HEARING
UPON MOTION of Ocean, seconded by Asbury Park, carried that the meeting be opened to the public for comments:
Margaret Fernicola, Loch Arbour, reported on numerous complaints received from residents of Loch Arbour, regarding the tree planting project.
Mr. Brockel said that the Commission is here to work with the residents and will look into the concerns that have been raised. He also wanted to point out, that there are funds available for the on-going maintenance of the project.
Ernie Mignoli, Asbury Park, wanted to voice his concerns about what he feels is inorganic pollution entering into Deal Lake from the Santander building.
MINUTES – REGULAR MEETING
December 5, 2019
Mr. Brockel suggested that he reach out to the DEP and Asbury Park.
There being no further comments and UPON MOTION of Interlaken, seconded by Allenhurst, carried that the public hearing be closed. There being no further business and
UPON MOTION of Interlaken, seconded by Allenhurst, carried that the meeting be finally adjourned at 8:25 PM.
_____________________________
Jessie M. Joseph, RMC
Commission Clerk