Minutes January 17, 2013
MINUTES – REORGANIZATION MEETING
JANUARY 17, 2013
The Reorganization Meeting of the Deal Lake Commission was held in the Borough of Interlaken Municipal Building, 100 Grassmere Avenue, and was called to order at 7:00 PM by the Clerk. After the Flag salute, the Commission Clerk announced that the notice requirements of C.231, P.L. 1975, have been met by transmitting the notice of this Regular Meeting to the Commission’s official newspapers on January 9, 2013, posting the notice 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 |
RESOLUTION #1
A RESOLUTION TO APPOINT CHAIRMAN
UPON MOTION of Asbury Park, seconded by Loch Arbour, carried, that Don Brockel of Ocean Township be and he is hereby nominated to serve as Chairman of the Deal Lake Commission for 2013. There being no other nominations, and UPON MOTION of Asbury Park, seconded by Interlaken, carried, that nominations be closed.
UPON MOTION of Asbury Park, seconded by Loch Arbour, carried that the following Resolution be adopted:
BE IT RESOLVED, By the Deal Lake Commission, that Don Brockel of Ocean Township be and he is hereby appointed Chairman of the Deal Lake Commission for a one-year term expiring December 31, 2013 and until his successor has been duly appointed.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
RESOLUTION #2
A RESOLUTION TO APPOINT VICE-CHAIRMAN
UPON MOTION of Ocean, seconded by Loch Arbour, carried, that Sue Henderson of Asbury Park be ands he is hereby nominated to serve as Vice-Chairman of the Deal Lake Commission for 2013. There being no other nominations, and UPON MOTION of Ocean, seconded by Asbury Park, carried, that nominations be closed.
UPON MOTION of Asbury Park, seconded by Loch Arbour, carried that the following Resolution be adopted:
BE IT RESOLVED, By the Deal Lake Commission, That Sue Henderson of Asbury Park be and she is hereby appointed Vice-Chairman of the Deal Lake Commission for a one-year term expiring December 31, 2013 and until her successor be duly appointed.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
RESOLUTION #3
A RESOLUTION TO APPOINT TREASURER
UPON MOTION of Asbury Park, seconded by Ocean Township, carried, that Bruce Fromer of Allenhurst be and he is hereby nominated to serve as Treasurer of the Deal Lake Commission for 2013. There being no other nominations, and UPON MOTION of Asbury Park, seconded by Loch Arbour, carried, that nominations be closed.
UPON MOTION of Asbury Park, seconded by Loch Arbour, carried that the following Resolution be adopted:
BE IT RESOLVED, By the Deal Lake Commission, That Bruce Fromer of Allenhurst be and he is hereby appointed Treasurer of the Deal Lake Commission for a one-year term expiring December 31, 2013 and until his successor be duly appointed.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
RESOLUTION #4
A RESOLUTION TO APPOINT DEPUTY TREASURER
UPON MOTION of Asbury Park, seconded by Loch Arbour, carried, that Don Nissim of Interlaken be and he is hereby nominated to serve as Deputy Treasurer of the Deal Lake Commission for 2013. There being no other nominations, and UPON MOTION of Asbury Park, seconded by Loch Arbour, carried, that nominations be closed.
UPON MOTION of Asbury Park, seconded by Loch Arbour, carried that the following Resolution be adopted:
BE IT RESOLVED, By the Deal Lake Commission, That Don Nissim be and he is hereby appointed Deputy Treasurer of the Deal Lake Commission for a one-year term expiring December 31, 2013 and until his successor be duly appointed.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
RESOLUTION #5
A RESOLUTION TO APPOINT SECRETARY
UPON MOTION of Asbury Park, seconded by Ocean, carried, that Erin Dolan of Loch Arbour be and she is hereby nominated to serve as Secretary of the Deal Lake Commission for 2013. There being no other nominations, and UPON MOTION of Asbury Park, seconded by Ocean, carried, that nominations be closed.
UPON MOTION of Asbury Park, seconded by Ocean, carried that the following Resolution be adopted:
BE IT RESOLVED, By the Deal Lake Commission, That Erin Dolan be and she is hereby appointed Secretary of the Deal Lake Commission for a one-year term expiring December 31, 2013 and until her successor be duly appointed.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
The Clerk administered the Oath of Office to the Commission’s 2013 Officers.
RESOLUTION #6
A RESOLUTION TO APPOINT CLERK AND
CHIEF FINANCIAL OFFICER CONSULTANT
UPON MOTION of Asbury Park, seconded by Loch Arbour, carried that the following Resolution be adopted:
WHEREAS, There exists a need for a Clerk and Chief Financial Officer to serve and advise the Deal Lake Commission for the year 2013; and,
WHEREAS, Funds for this purpose shall be provided in the 2013 Budget of the Deal Lake Commission and the Chief Financial Officer has so certified; and,
WHEREAS, these appointments are a statutory requirement of the State of New Jersey and must be filled by individuals licensed by the State of New Jersey, Department of Community Affairs.
NOW, THEREFORE, BE IT RESOLVED, By the Deal Lake Commission that the Clerk and Chairman be and they are hereby authorized and directed to engage the services of Lorraine P. Carafa as Clerk and Chief Financial Officer for the Deal Lake Commission for the year 2013 at the rate of $7,400.00 annually.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
RESOLUTION #7
A RESOLUTION TO APPOINT ATTORNEY
UPON MOTION of Asbury Park, seconded by Ocean, carried that the following Resolution be adopted:
WHEREAS, There exists a need for an Attorney to serve and advise the Deal Lake Commission for the year 2013; and,
WHEREAS, Funds for this purpose shall be provided in the 2013 Budget of the Deal Lake Commission and the Chief Financial Officer has so certified; and,
WHEREAS, This appointment is made without competitive bidding because the appointment involves a member of a recognized profession, licensed and regulated by law, pursuant to N.J.S.A. 40A:11-5.
NOW, THEREFORE, BE IT RESOLVED, By the Deal Lake Commission that the Clerk and Chairman be and they are hereby authorized and directed to engage the services of Hunt Parry as Attorney for the Deal Lake Commission for the year 2013 at the rate of $200.00 per meeting and $75.00 per hour for other Commission business and litigation.
BE IT FURTHER RESOLVED That the Clerk be and she is authorized and directed to publish this resolution in accordance with N.J.S.A. 40A:11-1.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
RESOLUTION #8
A RESOLUTION TO APPOINT ENGINEER
UPON MOTION of Asbury Park, seconded by Loch Arbour, carried that the following Resolution be adopted:
WHEREAS, There exists a need for an Engineer for the Deal Lake Commission for the year 2013; and,
WHEREAS, Funds for this purpose shall be provided for in the 2013 budget of the Deal Lake Commission and the Chief Financial Officer has so certified; and,
WHEREAS, This appointment is being made without competitive bidding because the appointment involves a member of a recognized profession, licensed and regulated by law, pursuant to N.J.S.A. 40A:11-5;
NOW, THEREFORE, BE IT RESOLVED, By the Deal Lake Commission that the Clerk and Chairman be and they are hereby authorized and directed to engage the services of Leon S. Avakian, Inc., as Board Engineer for the year 2013 at the same hourly rate presently charged the Commission in accordance with a contract on file in the Clerk’s office; and,
BE IT FURTHER RESOLVED That the Clerk be and she is authorized and directed to publish this resolution in accordance with N.J.S.A. 40A:11-1.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
RESOLUTION #9
A RESOLUTION TO APPOINT AUDITOR
UPON MOTION of Ocean, seconded by Asbury Park, carried that the following Resolution be adopted:
WHEREAS, There exists a need for an Auditor to serve and advise the Deal Lake Commission for the year 2013 and to conduct the 2012 Annual Audit; and,
WHEREAS, Funds for this purpose shall be provided in the 2013 Budget of the Deal Lake Commission and the Chief Financial Officer has so certified; and,
WHEREAS, This appointment is made without competitive bidding because the appointment involves a member of a recognized profession, licensed and regulated by law, pursuant to N.J.S.A. 40A:11-5.
NOW, THEREFORE, BE IT RESOLVED, By the Deal Lake Commission that the Clerk and Chairman be and they are hereby authorized and directed to engage the services of Robert A. Hulsart and Company as Auditor for the Deal Lake Commission for the year 2013 at the rate of $1,800.00.
BE IT FURTHER RESOLVED That the Clerk be and she is authorized and directed to publish this resolution in accordance with N.J.S.A. 40A:11-1.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
RESOLUTION #10
A RESOLUTION TO APPOINT ENVIRONMENTAL CONSULTANT
UPON MOTION of Asbury Park, seconded by Loch Arbour, carried that the following Resolution be adopted:
WHEREAS, There exists a need for a Consultant for the Deal Lake Commission for the year 2013; and,
WHEREAS, Funds for this purpose shall be provided for in the 2013 budget of the Deal Lake Commission and the Chief Financial Officer has so certified; and,
WHEREAS, This appointment is being made without competitive bidding because the appointment involves a member of a recognized profession, licensed and regulated by law, pursuant to N.J.S.A. 40A:11-5;
NOW, THEREFORE, BE IT RESOLVED, By the Deal Lake Commission that the Clerk and Chairman be and they are hereby authorized and directed to engage the services of Princeton Hydro, LLC, as Consultant for the year 2013, at the same hourly rate presently charged the Commission in accordance with a contract on file in the Clerk’s office; and,
BE IT FURTHER RESOLVED That the Clerk be and she is authorized and directed to publish this resolution in accordance with N.J.S.A. 40A:11-1.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
RESOLUTION #11
A RESOLUTION TO ESTABLISH OFFICIAL NEWSPAPERS
UPON MOTION of Asbury Park, seconded by Loch Arbour, carried that the following Resolution be adopted:
BE IT RESOLVED, that the Coaster be designated as the official newspaper of the Deal Lake Commission and that the Asbury Park Press be designated as the secondary official newspaper of the Deal Lake Commission for the year 2013.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
RESOLUTION #12
A RESOLUTION TO ESTABLISH MEETING DATES
UPON MOTION of Asbury Park, seconded by Loch Arbour, carried that the following Resolution be adopted:
BE IT RESOLVED, By the Deal Lake Commission, that the following 2013 schedule is hereby designated as the official Regular Calendar of the Deal Lake Commission. Meeting dates are as follows:
| February 21 | July 18 |
| March 21 | August 15 |
| April 18 | September 19 |
| May 16 | October 17 |
| June 20 | December 5 |
Reorganization meeting for 2014 – January 16, 2014
BE IT FURTHER RESOLVED, That meetings will take place at the Borough of Interlaken Municipal Building, 100 Grassmere Avenue at 7:00 PM; and,
BE IT FURTHER RESOLVED, that a copy of this resolution be published in the official newspaper of the Deal Lake Commission.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
RESOLUTION #13
A RESOLUTION TO ESTABLISH CASH MANAGEMENT PLAN
UPON MOTION of Asbury Park, seconded by Interlaken, carried that the following Resolution be adopted:
WHEREAS, Pursuant to Chapter 8, Laws of 1982, the Deal Lake Commission is required to adopt a Cash Management Plan, including the Designation of a Depository or Depositories;
THEREFORE, BE IT RESOLVED, By the Deal Lake Commission, a joint meeting of the County of Monmouth, in the State of New Jersey, that TD Bank, NA and Cash Management Fund of the State of New Jersey, or their successors be and are designated as official depositories of Commission funds for the year 2013; and,
BE IT FURTHER RESOLVED that Central Jersey Bank and Investor Savings Bank be named as alternate official depositories of Commission funds.
BE IT FURTHER RESOLVED, that the following accounts, together with the person or persons authorized to make withdrawals from said accounts are hereby authorized to be maintained:
ACCOUNT ACCOUNT NO. SIGNATURES
General Account ******-6778 Chairman or Vice-Chairman
Treasurer or Deputy Treasurer
Clerk/Chief Financial Officer
NJ Cash Management Fund ***-*****9891 Chairman or Vice-Chairman
Treasurer or Deputy Treasurer
Clerk/Chief Financial Officer
BE IT FURTHER RESOLVED, that the funds of the Commission shall be invested in interest bearing accounts. The Treasurer shall see that minimum funds shall be maintained in any non-interest bearing account in such amounts as the Treasurer shall deem necessary to provide the orderly transition of business by the Commission and to take advantage of any services provided to the Commission by the depository through maintenance of minimum balances in said accounts where the Treasurer deems it in the best interest of the Commission to do so. All other monies shall be invested in interest bearing accounts, in investments in which municipal funds may lawfully be invested or in the State of New Jersey Cash Management Fund in such accounts and at such times, from time to time, and the Treasurer shall deem in the best interest of the Commission; and,
BE IT FURTHER RESOLVED That a certified copy of this Resolution shall be supplied to the Deal Lake Commission Auditor.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
RESOLUTION #14
A RESOLUTION TO APPROVE MINUTES
UPON MOTION of Asbury Park, seconded by Ocean, carried that the following Resolution be adopted:
BE IT RESOLVED, That the Minutes of the Regular Meeting of the Deal Lake Commission held December 6, 2012 be and the same are hereby approved. (Deal and Neptune do not vote).
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
RESOLUTION #15
A RESOLUTION TO APPROVE TREASURER’S REPORT AND PAY BILLS
UPON MOTION of Asbury Park, seconded by Loch Arbour, carried that the following Resolution be adopted:
BALANCE ON HAND – PREVIOUS MONTH:
TD Bank, NA Checking ……………………………………………………………………………….. 121,938.67
NJ CASH MANAGEMENT …………………………………………………………………………… 39,826.52
TOTAL ………………………………………………………………………………………………………. 161,765.19
RECEIPTS
Interest – TD Bank (November/December) …………………………………………………………….. 24.68
Interest – Cash Management Fund (November/December) …………………………………………. 6.23
Receipts – …………………………………………………………………………………………………………….. 0.00
TOTAL RECEIPTS …………………………………………………………………………………………….. 30.91
DISBURSEMENTS
Princeton Hydro, LLC (November – 2012 Appropriation Reserves) ………………………….. 550.00
Leon S. Avakian, Inc. ……………………………………………………………………………………………….
Lorraine P. Carafa (January) ……………………………………………………………………………….. 616.67
JCP&L ………………………………………………………………………………………………………………. 11.83
Asbury Park Press ………………………………………………………………………………………………… 16.00
TOTAL BILLS AND OTHER DISBURSEMENTS ………………………………………….. 1,194.50
BALANCES AFTER JANUARY DISBURSEMENTS
TD Bank, NA Checking ……………………………………………………………………………….. 120,768.85
NJ CASH MANAGEMENT …………………………………………………………………………… 39,832.75
TOTAL BILLS AND OTHER DISBURSEMENTS ………………………………………. 160,601.60
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
OLD BUSINESS
1. 319h Grant –
a. Reminder-please submit your in-kind hours report for the current period (through February 9, 2013) ;
b. Colonial Terrace Golf Course –Dr. Souza reported that the Colonial Terrace Golf Club Project is nearly complete; a walk-through has been conducted and there are two areas that will require some additional work, one of which may require a small change order to add material in the project area. Dr. Souza complimented the work performed by Down-to-Earth Landscaping, including their cooperation in complying with the requests of Golf Course personnel. The invoices submitted for Colonial Terrace Project total $91,896.50 for the work completed to date and are within the financial limits of the contract awarded. The Chief Financial Officer reported that she will be submitted two reports to the DEP for reimbursement by the end of January.
c. Relocation of boom to Terrace Pond area – working well at this time.
d. Dr. Souza stated that he believes there are funds remaining in the grant that can be used for small projects, such as rain gardens and adding plant material to the buffer created at Colonial Terrace during last year’s project. These small projects must be completed by the expiration of the grant, March 31, 2013. He suggested that the Commissioner members create a “wish list” of small projects that could be completed in a short period of time within the remaining grant funding. Some of the other items suggested were the possible purchase of a second drill to be used to open the Flume gates, replacement of two storm drain grates on Main Street in Loch Arbour with eco-heads, and the purchase of several 50 ft. sections of boom.
e. Dr. Souza also supplied sample signs for the Golf Course, and a large, educational sign that could be used at the Golf Course and the Asbury Park Boat ramp. The intent is to purchase these signs with grant funds.
2. Status of Flume Gates – an accumulation of debris was impairing the functionality of the Flume gates. With the assistance of Mr. Brockel, Ms. Henderson and members of the City of Asbury Park DPW, the debris was removed and the gates are functioning well now. Monitoring of the Flume gates after storm events will occur on a regular basis to identify any potential problems. Asbury Park DPW staff are checking the Flume area on a daily basis and continue to clear accumulated storm debris as it becomes visible.
3. Monmouth County Shared Services/ Proposed Dredging Projects – Dr. Souza and Mr. Avakian reported that sediment samples have been collected for the preliminary testing, and sought approval to move forward with the testing for PAH’s, arsenic, total organic carbon, grain size and moisture content. By consensus, Commission members authorized the required testing.
4. Seaview Square Mall – Mr. Brockel reported that no plans have been submitted to the Ocean Township Planning Board for the proposed new development of the site. He will continue to check with Planning Board staff for further developments.
The order of the Agenda changed at this time as Mr. Avakian indicated that he had another meeting this evening and he and Dr. Souza wanted to take a moment to advise the Commissioners and the public present about the Coastal Lakes Summit on February 12, 2013 at Monmouth University, Megill Commons in conjunction with the Coastal Lakes Institute. They provided an overview of the program Key topics: Restoration and Recovery Efforts Post-Sandy, Flood Control and Stormwater Management and Regional Collaboration: Dredging, Permitting and Funding. They further suggested that attendance by Commission members could be beneficial to open discussions with other stakeholders regarding our common concerns. Contact Lauren Fitton, , 732.263.5667 to register
UPON MOTION of Ocean, seconded by Asbury Park, carried, that the meeting be opened to the public to allow questions to be asked of Mr. Avakian before he left the meeting.
Dan Jacobson, Asbury Park, asked if there is some mechanism that could be created to totally block the flow of the ocean into the Lake to forestall some of the problems that occurred with Superstorm Sandy. Mr. Avakian indicated that this could be problematic, as there is a continuous flow of water both into and out of the Flume, and a closed mechanism could prevent lake from draining and could exacerbate flooding issues; fish migration issues also must be addressed. After discussion, Mr. Avakian suggested that he would look at some alternatives, but they would probably require a complete reconstruction of the Flume structure, and could be very expensive.
Brian Lefferson, Ocean Township, asked if there are any plans to dredge the lake in the immediate future, as there is continued flow of sediment into the Lake, hampering the recreational boaters’ enjoyment of the Lake. Mr. Brockel advised that there are no funds for dredging available from the DEP. Mr. Lefferson also suggested that the Commission should map the depth of the lake for boaters. Mr. Avakian advised that a detailed bathometric study is extremely expensive. Dr. Souza explained in great detail that there are three main reasons the sediment continues to flow into the lake, and that this is due in large part to the type of soil in the watershed, the volume and velocity of run-off into the lake scouring the stream banks and the constant erosion. He also stated that the Deal Lake Master Plan has identified the need for retention basins in the watershed to hold the water and reduce the scouring effects of the run-off.
Mr. Avakian left at 8:05 PM.
NEW BUSINESS
1. Discussion – Mr. Hundley discussed the topic of liability of Commissioners in the event of possible litigation. He stated that there is no specific statute that requires the Commission to defend its members, but there is case law setting forth that if the Commission has the authority to sue and be sued, that it also has the power to retain Counsel for its members paid for by the Commission. He also suggested clarifying the extent of coverage provided by the Commission’s insurance policy. The Clerk will follow up with the issuing agency for additional information.
2. Discussion – Mr. Hundley also provided information regarding e-mail contacts between members that if they occur between a quorum of members and a decision is made, could be construed as a violation of the Open Public Meetings Act. He recommended that the Commissioners refrain from discussing matters that could require a vote via e-mail or text among the full membership, and instead rely on the creation of a committee of members to review and report back to the full body. He also provided a handout for the review by Commission members.
3. Discussion – By consensus, the Commissioners agreed that the public will not be permitted to contact the Commission consultants directly, but that all contacts must be to the Chairman or Clerk first, then referred to the consultants if warranted to minimize the burden on our consultants.
4. Resolution #16: UPON MOTION of Loch Arbour, seconded by Asbury Park, carried, that the following Resolution be adopted:
BE IT RESOLVED that Sam Hartung be and he is hereby appointed as the Deal Lake Commission webmaster to perform maintenance and updating as necessary, at the rate of $500 for the year, payable quarterly.
RECORDED VOTE:
Ayes: Asbury Park; Interlaken; Loch Arbour; Ocean.
Nays: None
Absent: Allenhurst; Deal; Neptune.
5. FEMA – Mr. Brockel reported that it may be possible for the Deal Lake Commission to qualify for FEMA funds as a “public entity” for storm-related clean-up and possible rehabilitation of the gatehouse. The Commission Clerk has been in contact with FEMA representatives and has most of the additional information that they are requesting available for their review.
There being no further business, and UPON MOTION of Loch Arbour, seconded by Ocean, carried, that the meeting be opened to the public for comments.
Dan Jacobson, Asbury Park, suggested that the Commission support the County’s proposal to create a coastal park from Bradley Cove west to include portions of the lake area. The Asbury Park representative stated that she is familiar with this proposal and one of the delays has to do with the County appraisal of the property. After discussion, the Commissioners agreed to invite the sponsor of this proposal, Mike Harmon, to a future meeting to discuss the details of the proposal.
Brian Lefferson, Ocean Township, reiterated his concerns about sediment entering the Lake and the need for dredging to remove the accumulations that continue to occur. Mr. Brockel indicated that the problems in the upland areas of the Lake need to be addressed first before any dredging could be effective in the eastern sections.
There being no further comments, and UPON MOTION of Asbury Park, seconded by Loch Arbour, carried, that the meeting be finally adjourned at 9:10 PM.
_________________________________________________
LORRAINE CARAFA, RMC
Commission Clerk