MINUTES – JUNE 19, 2014

MINUTES – REGULAR MEETING
June 19, 2014

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 7:25 PM by Chairman Don Brockel. After the Salute to the Flag, the Commission Clerk announced that the notice requirements of C.231, P.L.1975, were met by transmitting the notice to the Commission’s official newspapers on February 13, 2014, posting where required and filing a copy of the notice with the Commission Clerk.

ROLL CALL:

Resolution #1 – Resolution to approve the Minutes of the Regular Meeting, May 15, 2014 (Deal and Neptune do not vote).

UPON MOTION of Asbury Park, seconded by Allenhurst, 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 May 15, 2014 be and the same are hereby approved.
RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune

Resolution #2 – Approve Treasurer’s Report and Authorize Payment of Bills

UPON MOTION of Ocean, seconded by Asbury Park, carried, that the following Treasurer’s Report be accepted and the payment of bills listed below hereby authorized:

RECORDED VOTE:
Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
Nays: None
Absent: Deal, Neptune

OLD BUSINESS

1. NFWF (Hurricane Sandy Coastal Resiliency Competitive Grant Program) Application – The Clerk reported that the Commission’s grant application was not approved for this funding cycle.
2. 319H Grant – The Clerk reported that the Commission’s grant application was not approved for this funding cycle; the notice was received May 23, 2014. Per Dr. Souza, both of these applications are for worthwhile projects and the Commission should resubmit them when the next application cycle opens up to applicants. After discussion, the Interlaken representative agreed to research the options for engaging the services of a grant writer for the Commission; this matter will be discussed at the July meeting.
3. NRCS/DEP – the Commission has been awarded approximately $1M specifically for dredging the east end of the lake only; grant documents have been executed by the DEP; further update by Chairman Brockel, who noted that he has had discussions with officials at the DEP and will be having a meeting with them shortly to discuss the scope of work.
4. Charter Renewal – agreements have been executed by Allenhurst, Deal, Ocean and Neptune; still pending approval are Asbury Park, Interlaken and Loch Arbour. The Asbury Park representative stated that she has been advised that the renewal will be on the Agenda for the next Council meeting and the Loch Arbour representative stated that she has been advised that this matter will be on the Agenda for the July meeting.
5. Beach Replenishment – Mr. Avakian reported that in this reach, the first phase of replenishment is Loch Arbour to Deal with the second phase to encompass Deal to Elberon. Several problems noted during the Asbury phase, including the over-filling of the area adjacent to the Flume were discussed with DEP officials overseeing the project, and sand was removed to be in conformance with the approved plans and specifications. DEP and ACoE officials have also guaranteed maintenance of the Flume area during construction, but the concern of the Commission is what happens after the contractor leaves the area. It was also noted that the Commission has requested consideration of the following additional improvements: electrification of the Flume, adding storm scepters to the plans in Asbury Park and Loch Arbour to capture wind-blown sand before it accumulates in the Lake again and the installation of a “shut-off” mechanism inside the Flume to prevent ocean water from entering the Lake during severe storms. The Chairman noted that there will be a meeting with Congressman Pallone this week to further discuss Commission concerns.
6. 2014 Weed Treatment Program – The Clerk-CFO reported that the bid was advertised on May 29, 2014, one bid was received on June 19, 2014 from Princeton Hydro, LLC in the amount of $10,140.00; the bid has been reviewed and all required documents have been submitted. The Clerk-CFO recommended the award of the bid to Princeton Hydro, LLC.
   Resolution #3: UPON MOTION Ocean, seconded by Asbury Park, carried, that the following resolution be and the same is hereby adopted:
   WHEREAS, the Deal Lake Commission advertised the Notice to Bidders for the Project known as the 2014-2015 Algaecide-Herbicide Treatment Program for the entire Lake area on May 29, 2014; and,
   WHEREAS, one bid was received at the date and time indicated in the Notice to Bidders, from Princeton Hydro, LLC in the amount of $10,140.00 (maximum if all areas of the Lake require treatment) that was complete in all respects and included the required documents pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.
   NOW, THEREFORE, BE IT RESOLVED that the Deal Lake Commission hereby accepts the bid of Princeton Hydro, LLC for the 2014-2015 Algaecide-Herbicide Treatment Program.
   BE IT FURTHER RESOLVED that the Chairman and Commission Clerk be and they are hereby authorized to execute the contract with Princeton Hydro, LLC for the services noted above.
   BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be supplied to Princeton Hydro, LLC for their information and files.
   RECORDED VOTE:
   Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
   Nays: None
   Absent: Deal, Neptune
   7. The Clerk reported that she is still awaiting a mobilization date for the tree removal from Interlaken near railroad tracks.

NEW BUSINESS

1. Resolution #4: 2013 Audit Report – Commissioners must certify that they have read, at a minimum, the Comments and Recommendations Section of the Audit.
   UPON MOTION of Asbury Park, seconded by Allenhurst, carried, 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 2013 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 the local fiscal affairs; and,
   WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the Commission have reviewed, as a minimum, the sections of the annual audit entitled “General Comments” and “Recommendations”; and,
   WHEREAS, the members of the Commission have personally reviewed as 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 form of 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 local governing body 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 office.
   NOW, THEREFORE, BE IT RESOLVED that the Deal Lake Commission hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968.
   RECORDED VOTE:
   Ayes: Allenhurst, Asbury Park, Interlaken, Loch Arbour, Ocean
   Nays: None
   Absent: Deal, Neptune
2. The Chairman reported that the Ocean Township Sewerage Authority is working on the pump station on Main Street, elevating it above base flood elevation.

There being no further business, and UPON MOTION of Asbury Park, seconded by Allenhurst, carried, that the meeting be opened to the public for comments.

Brian Lefferson, Ocean Township, asked if sediment has or does enter the Lake from the Cedar Village development off Route 66. Mr. Avakian advised that when the development was under construction several years ago, there was sediment loading into the Lake from the site, but the Commission contacted the developer and two basins were installed to hold sediment. There was a further discussion on recent projects that received Planning Board or Board of Adjustment approvals many years ago but work was not started until recently due to economic conditions in the area. There are several projects now under construction under these circumstances in Ocean.

Joe Bove, Wanamassa, noted that it is the inevitable ratable hunt that causes the detriment to our environment and he also noted that there are many trees in the Lake along with other debris, such as docks, and suggested the Commission remove these items. The Chairman noted that Ocean Township had recently completed a tree removal project from sections of the lake adjoining public property, but the Township has no authority to enter private property and those trees are the responsibility of the homeowner.

Mr. Avakian noted that Planning Boards and Boards of Adjustment must enforce the requirements for Stormwater management components be included in all developments.

Brian Mullins, Wanamassa, asked if there were any communities with strong development controls, and suggested that the Commission collect several of these Ordinances and forward to our constituent communities, suggesting that they review these regulations for possible incorporation into the existing development Ordinances in these towns. The Chairman noted that the Commission has done this on several occasions to no avail. The discussion continued for several more minutes.

There being no further comments, and UPON MOTION of Asbury Park, seconded by Allenhurst, carried, that the public hearing be closed. The Chairman thanked everyone for coming this evening, and UPON MOTION of Ocean, seconded by Asbury Park, carried, that the meeting be finally adjourned at 8:45 PM.

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LORRAINE CARAFA, RMC
Commission Clerk