Reorganization Meeting – January 21st, 2021 – Minutes

DEAL LAKE COMMISSION

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

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 January 21, 2021, 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 (B. Fromer)	x
Asbury Park  (J. Toher)	x
Deal (S. Kassin)	x
Interlaken (C. Roarty)	x
Loch Arbour (Alt. M. Nowlin)	x
Neptune  (E. Houghtaling)	x
Ocean (D. Brockel)	x

 

OTHERS PRESENT:

            Hunt Parry, Esq., Commission Attorney

Peter R. Avakian, Commission Engineer

Dr. Stephen Souza, Environmental Consultant

Dr. Jack Szczepanski, Environmental Consultant (319H Grant)

Jessie M. Joseph, Commission Clerk

 

Resolution #21-001 – Resolution to Appoint Clerk

 

            UPON MOTION of Ocean, seconded by Interlaken, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, there exists a need for a Clerk to serve and advise the Deal Lake Commission for the year 2021; and

 

WHEREAS, the funds for this purpose shall be provided in the 2021 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.

 

 

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

            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 Jessie M. Joseph, as Clerk for the Deal Lake Commission for the year 2021 at the rate of $7,500.00 annually; 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:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

Resolution #21-002 – Resolution to Appoint Chairman

 

            UPON MOTION of Allenhurst, seconded by Neptune, carried that Don Brockel of the Township of Ocean be and he is hereby nominated to serve as Chairman of the Deal Lake Commission for 2021.  There being no other nominations, and UPON MOTION of Allenhurst, seconded by Neptune, carried that nominations be closed.

 

UPON MOTION of Allenhurst, seconded by Neptune, carried that the following Resolution be and the same is hereby adopted:

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission, that Don Brockel of the Township of Ocean be and he is hereby appointed Chairman of the Deal Lake Commission for a one-year term expiring December 31, 2021 and until his successor has been duly appointed        .

 

RECORDED VOTE:

            Ayes:  Allenhurst, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Abstain:  Asbury Park

Absent:  None               

 

Resolution #21-003 – Resolution to Appoint Vice-Chairman

 

            UPON MOTION of Ocean, seconded by Allenhurst, carried that Carolyn Roarty of the Borough of Interlaken be and she is hereby nominated to serve as Vice-Chairman of the Deal Lake Commission for 2021.  There being no other nominations, and UPON MOTION of Allenhurst, seconded by Ocean, carried that nominations be closed.

 

UPON MOTION of Ocean, seconded by Allenhurst, carried that the following Resolution be and the same is hereby adopted:

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission, that Carolyn Roarty of the Borough of Interlaken be and she is hereby appointed Vice-Chairman of the Deal Lake Commission for a one-year term expiring December 31, 2021 and until her successor is duly appointed.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

Resolution #21-004 – Resolution to Appoint Treasurer

 

            UPON MOTION of Interlaken, seconded by Asbury Park, carried that Bruce Fromer of the Borough of Allenhurst, be and he is hereby nominated to serve as Treasurer of the Deal Lake Commission for 2021.  There being no other nominations, and UPON MOTION of Neptune, seconded by Ocean, carried that nominations be closed.

 

UPON MOTION of Neptune, seconded by Ocean, carried that the following Resolution be and the same is hereby adopted:

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission, that Bruce Fromer of the Borough of Allenhurst be and he is hereby appointed Treasurer of the Deal Lake Commission for a one-year term expiring December 31, 2021 and until his successor be duly appointed.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

Resolution #21-005 – Resolution to Appoint Deputy Treasurer

 

            UPON MOTION of Interlaken, seconded by Allenhurst, carried that Eric Houghtaling of the Township of Neptune be and he is hereby nominated to serve as Deputy Treasurer of the Deal Lake Commission for 2021.  There being no further nominations, and UPON MOTION of Ocean, seconded by Allenhurst, carried that nominations be closed.

 

UPON MOTION of Ocean, seconded by Allenhurst, carried that the following Resolution be and the same is hereby adopted:

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission, that Eric Houghtaling of the Township of Neptune be and he is hereby appointed Deputy Treasurer of the

 

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

Deal Lake Commission for a one-year term expiring December 31, 2021 and until his successor be duly appointed.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

Resolution #21-006 – Resolution to Appoint Secretary

 

            UPON MOTION of Interlaken, seconded by Allenhurst, carried that Jeannie Toher of the City of Asbury Park be and she is hereby nominated to serve as Secretary of the Deal Lake Commission for 2021.  There being no other nominations, and UPON MOTION of Ocean, seconded by Allenhurst, carried that nominations be closed.

 

UPON MOTION of Ocean, seconded by Allenhurst, carried that the following Resolution be and the same is hereby adopted:

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission, that Jeannie Toher of the City of Asbury Park be and she is hereby appointed Secretary of the Deal Lake Commission for a one-year term expiring December 31, 2021 and until her successor be duly appointed.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

The Commission Clerk administered the Oaths of Office to the Commission 2021 Officers.

 

Resolution #21-007 – Resolution to Appoint Chief Financial Officer

 

            UPON MOTION of Allenhurst, seconded by Asbury Park, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, there exists the need for a Chief Financial Officer to serve and advise the Deal Lake Commission for the year 2021; and

 

WHEREAS, funds for this purpose shall be provided in the 2021 Budget of the Deal Lake Commission and the Chief Financial Officer has so certified; and

 

 

 

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

            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 Lorraine P. Carafa, as Chief Financial Officer for the Deal Lake Commission for the year 2021 at the rate of $5,000.00 annually; 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. 4A:11-1.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

Resolution #21-008 – Resolution to Appoint Attorney

 

            UPON MOTION of Interlaken, seconded by Allenhurst, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, there exists the need for an Attorney to serve and advise the Deal Lake Commission for the year 2021; and

 

WHEREAS, funds for this purpose shall be provided in the 2021 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, Esq., as Attorney for the Deal Lake Commission for the year 2021 at a rate of $250.00 per meeting and $150.00 per hour for other Commission business and litigation; 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.

 

 

 

 

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

            Absent:  None

 

Resolution #21-009 – Resolution to Appoint Engineer

 

            UPON MOTION of Neptune, seconded by Asbury Park, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, there exists the need for an Engineer for the Deal Lake Commission for the year 2021; and

 

            WHEREAS, funds for this purpose shall be provided for in the 2021 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 Peter R. Avakian, P.E. and the firm of Leon S. Avakian, Inc., as Engineer for the Deal Lake Commission for the year 2021 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 hereby authorized and directed to publish this Resolution in accordance with N.J.S.A. 40A:11-1.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

Resolution #21-010 – Resolution to Appoint Auditor

 

            UPON MOTION of Neptune, seconded by Ocean, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, there exists the need for an Auditor to serve and advise the Deal Lake Commission for the year 2021 and to conduct the 2020 Annual Audit; and

 

 

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

WHEREAS, funds for this purpose shall be provided in the 2021 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 2021 at the rate of $2,000.00; and

 

BE IT FURTHER RESOLVED that the Clerk be and she is hereby authorized and directed to publish this Resolution in accordance with N.J.S.A. 40A:11-1.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

Resolution #21-011 – Resolution to Appoint Environmental Consultant

 

            UPON MOTION of Asbury Park, seconded by Neptune, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, there exists the need for an Environmental Consultant for the Deal Lake Commission for the year 2021; and

 

WHEREAS, funds for this purpose shall be provided for in the 2021 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 Dr. Stephen Souza of Clean Water Consulting Services through Princeton Hydro, LLC as Environmental Consultant for the Deal Lake Commission for the year 2021 at the same hourly rate presently charged the Commission and is in accordance with a contract on file in the Clerk’s office; and

 

 

 

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

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.

 

RECORED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

Resolution #21-012 – Resolution to Establish Official Newspapers

 

            UPON MOTION of Neptune, seconded by Allenhurst, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, the Deal Lake Commission is authorized by State Statute N.J.S.A. 10:4-18 to designate an official newspaper of the Deal Lake Commission.

 

NOW, THEREFORE, 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 2021.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

Resolution #21-013 – Resolution to Set Meeting Schedule for 2021

 

            UPON MOTION of Neptune, seconded by Allenhurst, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, in accordance with the Open Public Meetings Act, Chapter 231, P.L. 1975, it is necessary for the Deal Lake Commission to post and maintain a schedule of the meetings of the Deal Lake Commission that will be held during the year 2021; and

 

WHEREAS, the COVID-19 pandemic has forced local government entities throughout the State of New Jersey to hold public meetings remotely; and

 

WHEREAS, Section 8 of P.L. 2020, c. 34, authorized the Director of the Division of Local Government Services to promulgate regulations establishing standard protocols for remote public meetings, which are codified as N.J.A.C. 5:39-1.1 through 1.7; and

 

WHEREAS, the Deal Lake Commission is a “local public body” as defined in the regulations and is therefore subject to the requirements thereof; and

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

WHEREAS, pursuant to the Open Public Meetings Act and Section 8 of P.L. 2020, c. 34 and the aforementioned regulations, the Deal Lake Commission is required to publish in the official newspaper of the Deal Lake Commission, the Commission website and public bulletin board that the series of regularly scheduled meetings shall now be held remotely on the regularly scheduled dates and times until further notice; and

 

WHEREAS, the Deal Lake Commission must also make provisions to accommodate public comment given the varied technological capabilities of the public.

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby establishes the following procedures and requirements to satisfy the requirement set forth in N.J.A.C. 5:39-1.4(h):

 

1. The established meeting dates will include instructions for the public on how to access the meeting.
2. The notice shall also include guidance (Appendix A) for the public on how to participate and make comments on any and all items including those on the agenda.
3. Members of the public wishing to make a comment during a remote meeting shall be permitted to do so using the audio and/or video technology under which the remote meeting is being held.
4. A member of the public wishing to speak during a remote meeting shall state their name and address for the record prior to making their comment.

 

BE IT FURTHER RESOLVED by the Deal Lake Commission that the following 2021 schedule is hereby designated as the official Calendar of the Deal Lake Commission.  Meeting dates are as follows:

 

1. Workshop Meetings – when needed and advertised will be held at 6:30 p.m. or as otherwise advertised
2. Public Meetings – beginning at 7:00 p.m. or as otherwise advertised
3. Special Meetings – as needed and advertised according to the requirements of the Open Public Meetings Act

 

February 18                                         July 15

March 18                                             August 19

April 15                                               September 16

May 20                                                October 21

June 17                                                November (No Meeting)

December 2

Re-Organization meeting for 2022 – January 20, 2022

 

           

 

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

BE IT FURTHER RESOLVED that Special Meetings of the Deal Lake Commission may be called by any of the following when all requirements of the Open Public Meetings Act have been met:

 

1. Majority of the Deal Lake Commission acting by Resolution
2. Commission Chairman

 

BE IT FURTHER RESOLVED that a copy of this Resolution be published in the official newspaper of the Deal Lake Commission.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

Appendix A

 

Deal Lake Commission Virtual Meeting Access and Participation Instructions Using the

Zoom Meeting Platform

 

VIDEO and AUDIO:  If you choose to see the meeting this way, you will need a computer, smart phone or tablet with internet access.  The Zoom Meeting link to access the meeting can be found at https://us02web.zoom.us/j/82999777232 Meeting ID: 829 9977 7232.  Once you click on the link you will be placed in a waiting room where you will wait for a brief time to be admitted to the meeting.

AUDIO ONLY by phone:  To listen and participate in the meeting by phone landline or cell phone, dial 1-929-205-6099 US (NY and NJ Area), 1-301-715-8592 US (Germantown).  Listen for prompts – You will be prompted to enter the Meeting Number (access code) 829 9977 7232#.  When you are asked for the participant ID: Press # again.

 

As is the usual protocol, the public portion of the meeting will be announced at the close of official business.  The Agenda and the instructions to participate in the meeting will be available at the Deal Lake Commission website:  www.deallake.org.

 

Meeting Guidelines and Participation Rules

1. We encourage you to join the meeting prior to its start time, you will be placed in a “waiting room” until the meeting starts
2. You will join muted and must remain muted until you are acknowledged during the Public Comments portion of the meeting. Only the meeting Moderator will “unmute/mute” a participant
3. You will be acknowledged when it is your turn to comment
4. In order to maintain necessary decorum, violators of the above rules will be disconnected from the meeting

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

Resolution #21-014 – Resolution to Establish a Cash Management Plan

 

            UPON MOTION of Allenhurst, seconded by Neptune, carried that the following Resolution be and the same is hereby 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; and

 

            NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission, a joint meeting of the County of Monmouth, in the State of New Jersey, that Manasquan Savings Bank and Cash Management Fund of the State of New Jersey, or their successors, be and they are hereby designated official depositories of Commission funds for the year 2021; and

 

BE IT FURTHER RESOLVED that Central Jersey Bank and Investors Savings bank be named as alternate official depositories of Commission funds; and

 

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                     *******-****                         Chairman or Vice-Chairman

Treasurer or Deputy Treasurer

                                                                                                Chief Financial Officer

 

NJ Cash Management Fund   ***.*****9891                       Chairman of Vice-Chairman

Treasurer or Deputy Treasurer

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

 

 

 

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be forwarded to the Deal Lake Commission Auditor.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

Resolution #21-015 – Resolution to Appoint Webmaster

 

            UPON MOTION of Allenhurst, seconded by Neptune, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, the Deal Lake Commission is in need of the services of a qualified webmaster to maintain the Commission website; and

 

WHEREAS, Kenneth McGee has performed these services for the Commission competently and diligently.

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that Kenneth McGee be and he is hereby appointed as webmaster for the Deal Lake Commission for the year 2021 at the rate of $800.00 annually, paid quarterly.

 

            BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be forwarded to Kenneth McGee for his information and the Chief Financial Officer for her action.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

Resolution #21-016 – Resolution to Approve the Minutes of the Regular Meeting,

                                    December 3, 2020

 

            UPON MOTION of Allenhurst, seconded by Asbury Park, 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 December 3, 2020 be and the same are hereby approved (Neptune does not vote).

 

 

 

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Ocean

Nays:  None

Abstain:  Neptune

Absent:  None

 

Resolution #21-017 – Resolution to Approve Treasurers Report and Pay Bills

 

            UPON MOTION of Neptune, seconded by Asbury Park, carried that the Treasurer’s Report for January 2021 be approved and the bills listed authorized for payment:

 

BALANCE ON HAND – PREVIOUS MONTH:

Manasquan Bank                                                                                                     $102,048.99

NJ Cash Management Fund                                                                                        42,307.48

 

TOTAL ON DEPOSIT                                                                                           $144,356.47

 

RECEIPTS

  Interest – Manasquan Bank (November-December)                                                       197.75

Interest – Cash Management Fund (November-December)                                               3.85

  Other                                                                                                                                    0.00

 

TOTAL RECEIPTS                                                                                                        201.60

 

DISBURSEMENTS

  2020 Appropriations:

  Clean Waters Consulting, November 2020                                                                     787.50

  JCP&L (Account #100xxxxxx368)                                                                                 110.44

Leon S. Avakian, Inc. (Invoice #12533)                                                                      1,280.00

  Mastermix Audio Media, LLC (4^th Qtr)                                                                          200.00

Princeton Hydro, LLC (Invoice #40767, $262.20; #40958, $380.40)                            642.60

The New Coaster (Invoice #56367, $32.05; #56445, $32.67)                                          64.72

Verizon (a/c #24xxxx875-2-0001; Invoice #9869762673; 9867641381)                         80.12

2021 Appropriations

Lorraine Carafa, CFO (January; postage, 319H Qtr. 8 report, $1.60)                            418.27

  Jessie Joseph, Admin (January; Water Lower Permit-$2.00)                                         627.00

Don Brockel, (reimburse storage fee – January)                                                             129.35

 

Sub-total Disbursements                                                                                                4,340.00

 

 Grant Disvursements

 319H, WM18-016:

Leon S. Avakian, Inc. (Invoice #12531)                                                                      2,165.00

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

  Princeton Hydro, LLC (Invoice #40776)                                                                         829.02

  Midwest Floating Island (Quote #20-016-NJ)                                                              9,883.48

 

  Sub-total 319H                                                                                                            12,877.50

 

  Flume Electrification:

Leon S. Avakian, Inc. (Invoice #12532)                                                                       2,648.75

 

Total Grant Disbursements                                                                                     15,526.25

 

TOTAL DISBURSEMENTS                                                                                     19,866.25

 

BALANCES AFTER JANUARY DISBURSEMENTS

  Manasquan Bank                                                                                                        82,380.49

NJ Cash Management Fund                                                                                       42,311.33

 

TOTAL ON DEPOSIT                                                                                          $124,691.82

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

OLD BUSINESS

 

1. Flume Electrification – Peter Avakian, Commission Engineer, gave a brief update of the project and went over some of the outstanding items that need to be done in order to complete the project.

 

Don Brockel, Commission Chairman, reported that once the project is complete an SOP (standard operating procedure) Manual will be given to the Asbury Park and Deal Police Departments so they will have the information needed to access the electronics, tv and cameras.  There will also be a link for the public on the Deal Lake Commission website to watch the flume.

 

Mr. Avakian explained the reason for the Resolution listed below.  A payment was authorized to be paid by Ocean Township to Precise Construction at the last meeting.  The payment was for all of the completed work so far plus a Change Order.  It was determined that the total amount of the payment was more than Ocean Township had bonded.  The Change Order work was not originally approved by ACoE until after the project was started and Ocean Township had adopted the bond ordinance.  Approval from the ACoE has determined that the Change Order can be paid once the project is completed.

 

 

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

Resolution #21-018 – Resolution to Rescind Resolution #20-070 and Approve Submittal of    

                                    Payment to the Township of Ocean for the Electrification of the

                                    Sluice Gates

 

            UPON MOTION of Neptune, seconded by Asbury Park, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, the Deal Lake Commission adopted Resolution #20-070 at the December 3, 2020 meeting approving submittal of payment for Precise Construction, Inc., Freehold, NJ in the amount of $121,706.20 to the Township of Ocean for the Electrification of the Sluice Gates; and

 

WHEREAS, after submittal it was determined that the amount was more than the capital ordinance adopted by the Township of Ocean; and

 

WHEREAS, Peter R. Avakian, P.E., Commissioner Engineer, has determined that the Change Order in the amount of $43,750.00 could be deducted and paid upon completion of the project; and

 

WHEREAS, the Deal Lake Commission hereby rescinds Resolution #20-070 that was passed at the December 3, 2020 Regular Meeting; and

 

WHEREAS, Peter R. Avakian, P.E., has submitted a revised 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 $78,831.20; 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 $78,831.20, in accordance with Section 2 of the Shared Services Agreement dated May 30, 2019.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

2. 319(H) Grant – Mr. Avakian reported on the zoom pre-construction meeting that was held with the contractor for the Manufactured Treatment Devices (MTD’s) that will be serving Sunset Lake and Deal Lake. The location of the MTD’s will be Memorial Drive between 5^th and 6^th Avenues, Grand Avenue at 5^th and Grand Avenue and Sunset. The contractor Precise Construction, was the low bidder on this project and is the same contractor that we are using for the flume electrification.  The Director of Public Works from Asbury Park gave us a staging area along 7^th Avenue and Main Street.  The contractor, weather permitting, is looking at a time frame

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

of one MTD installation per week.  The one on Memorial Drive may take longer because of traffic, etc.  Notices have gone out to the businesses and residents that may be affected, so they aware of the construction and time frames.

 

Mr. Brockel also reported that Mr. Avakian had reached out to the Engineering Team from Asbury Park High School to get them involved in the project.  It was very well received and the teachers and kids are really excited to be working with us on such a tremendous project.

 

Jeannie Toher, Asbury Park Commissioner, said she spoke to the teacher about having the students involved in documenting the project.

 

There was more discussion on the project.  The Commissioners would also like to be more involved with project.  Mr. Avakian will forward a project status update to the Commission Clerk for distribution to the Commissioners.

 

Jack Szczepaksi, Environmental Consultant for the 319(H) Grant, reported that he is finishing up work on the Wesley Lake infrastructure along with the series of tree boxes.  The tree boxes should be shipped in April and at that time he’ll be reaching out for volunteers to help with the planting.

 

Mr. Brockel asked if the RFP specifications for the green infrastructure could be ready for the next meeting.

 

Mr. Avakian said that two locations have been selected on Wesley Lake for the rain gardens.  He said the next step is to send out a field crew to work out the construction and project cost estimate.

 

Mr. Brockel asked if it was possible to get an extension of the grant due to COVID-19.

 

3. New 319 Grant Phase I with NJIT – 319(H) Grant – Not discussed.

 

4. Nobility Crest – Not discussed.

 

5. Shoreline Protection/Education – Mr. Brockel said there is nothing to report. He will follow up with the State.

 

6. 2021 Weed Treatment RFP – Mr. Brockel explained that this is for the 2021 Weed Treatment Program at Terrace Pond and Hollow Brook.

 

Ms. Toher said she does not object to either section being treated.  It was her understanding when this RFP was developed, in case it needs treatment, the area that was already treated in the 2020 Weed Treatment Program in front of the Wickapecko Bridge would also be part of the 2021 Weed Treatment Program and it does not appear to be part of the RFP.

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

Dr. Stephen Souza, Environmental Consultant for the Deal Lake Commission, explained that it was removed after discussions with the company that performed the 2020 Weed Treatment for that area.  They felt the area was adequately treated and controlled.

 

Resolution #20-019 – Authorizing Requests for Proposals for the 2021 Herbicide Treatment

                                    at Select Areas of Deal Lake

 

            UPON MOTION of Asbury Park, seconded by Ocean, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, there exists a need for a herbicide treatment of Deal Lake in the Colonial Terrace and Hollow Brook Cove section of Deal Lake.  

 

            NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby authorizes the Commission Clerk to advertise the Requests for Proposals for the 2021 Herbicide Treatment at select areas of Deal Lake.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

7. Coca Cola Plant – Not discussed.

 

8. Goose/Carp Remediation – Mr. Brockel said the signs are up.

 

Ms. Toher asked which Towns do egg addling.

 

* Carolyn Roarty, Interlaken Commissioner left the meeting at 7:47 pm.  Steve Merlin, Alternate Interlaken Commissioner is now representing Interlaken.

 

Melanie Nowlin, Alternate Loch Arbour Commissioner, said she has a call out to geesepeace.org and hopes to have information for the next meeting.

 

9. Ship & Sniff Program with Clean Ocean Action – Held until the February meeting

 

10. Seaview Mall – Mr. Brockel said he spoke with Laura McBride from DLWA about material removal from the back of Terrace Pond based on a recommendation from our weed treatment contractor. This will be discussed next month.

 

11. First Responders Park – Held until February meeting

 

* Steven Kassin, Borough of Deal Commissioner left the meeting 8:00 pm.

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

12. Water Testing: Monmouth University and Monmouth County – Ms. Toher said another person has been added to CloNet.  It seems whenever she sends out e-mails on citizen scientists someone will sign up.

 

NEW BUSINESS

 

Ms. Toher read from a prepared statement (a copy of which attached at the end of the Minutes as Attachment A) explaining her reason for abstaining on her vote for the Chair.

 

Mr. Brockel said he does not dispute her concerns but he does dispute the tone.  The voice of the DLC has to be one voice.

 

Mr. Avakian said that while he appreciates everything that has been said, we are in a public venue.  This meeting is being recorded and this is not the time or place to be discussing personnel or personal issues.

 

Bruce Fromer, Allenhurst Commissioner, had comments also regarding the subject.  He does agree that there can only be one voice of the DLC.

 

Hunt Parry, Commission Attorney, said if a Commissioner would like to get an item on the Agenda, all you have to do is make a motion at the end of new business and if it gets a second, it gets heard.  There is always a venue to be heard. He did suggest setting up a Workshop Meeting to discuss these issues.

 

There was more discussion on the matter and it was decided that there will be a Workshop Meeting set-up in the next two months.

 

1. 2021 Water Lowering Permit – Mr. Brockel reported that the 2021 Water Lowering Permit has been received and it will be posted on the DLC website.

 

2. Resolution #21-020 – Authorizing the Deal Lake Commission to Continue Subscribing

                                          To the Zoom Meeting Platform

 

            UPON MOTION of Neptune, seconded by Asbury Park, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, due to the uncertain time frame of public buildings re-opening, the Deal Lake Commission would like to continue using the Zoom Meeting Pro Plan at a cost of $16.00 per month for the year 2021 in an amount not to exceed $200.00.

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby authorizes the continued use of the Zoom Meeting Pro Plan at a cost of $16.00 per month for the year 2021 in an amount not to exceed $200.00.

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

RECORED VOTE

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

3. Resolution #21-21 – Authorizing Temporary Increase for Webmaster Services

 

            UPON MOTION of Neptune, seconded by Allenhurst, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, due to COVID-19 and the need to hold the Deal Lake Commission Meetings virtually there arises the need for a moderator during the meetings; and

 

WHEREAS, Kenneth McGee, webmaster for the Deal Lake Commission, has been the moderator for the Deal Lake Commission meetings since the meetings went virtual.

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby authorizes Kenneth McGee, Webmaster for the Deal Lake Commission be paid an extra $100.00 per month, as needed, in an amount not to exceed $1,200.00.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

4. Resolution #21-022 – Authorizing Appropriation Transfer

 

            UPON MOTION of Neptune, seconded by Allenhurst, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, the Local Budget Law (N.J.S.A. 40A:4-1, et seq.) permits the transfer of funds between appropriation during the last two months of the current budget year; and

 

            WHEREAS, the Chief Financial Officer has determined that certain 2020 appropriations of the Deal Lake Commission require additional funds while other appropriations have an available balance not needed for its original purposes.

 

WHEREAS, the schedule of proposed transfers is listed below:

 

Appropriation Title	From	To
Lake Maintenance	$1,280.00
Engineering		$1,280.00

 

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the Deal Lake Commission that the preceding list of appropriation reserves transfer be and the same are hereby approved.

 

BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be forwarded to the Chief Financial Officer for her information and further action.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

5. Resolution #21-023 – Authorizing Additional Environmental Services with Clean

                                         Waters Consulting, LLC

 

            UPON MOTION of Allenhurst, seconded by Asbury Park, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, there was a need in 2020 for Dr. Stephen Souza of Clean Waters Consulting, LLC to perform extra services for the Deal Lake Commission; and

 

WHEREAS, Dr. Souza has submitted an invoice for these services in the amount of $787.50; and

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby authorizes the payment of the invoice submitted by Dr. Stephen Souza of Clean Waters Consulting, LLC in the amount of $787.50.

 

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Deal, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  None

 

6. DLC Website Response to Public Questions – Not discussed.

 

7. Eric Houghtaling, Township of Neptune Commissioner and Assemblyman for District 11 – Monmouth County, is sponsoring Assembly Bill No. 4322 to prohibit the intentional release of inflated balloons outdoors. He is working with Clean Ocean Action and would like to get a letter of support from the Deal Lake Commission.  He gave a brief explanation of the bill and why there is a need for this type of bill.

 

 

 

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

Resolution #21-024 – Supporting Assembly Bill No. A4322 Prohibiting the Outdoor Release

                                     and Tethering of Balloons and Other Floating Devices

 

UPON MOTION of Neptune, seconded by Ocean, carried that the following Resolution be and the same is hereby adopted:

 

WHEREAS, balloons stay longer on land and in the marine environment than in the air as litter; and

 

WHEREAS, balloons when improperly disposed of and released into the air are both harmful to the environment and lethal to marine life; and

 

WHEREAS, Assemblyman Eric Houghtaling and Assemblywoman Joann Downey have introduced Assembly Bill No. 4322 that would fine violators for intentional release or abandonment of balloons or other floating devices; and

 

NOW, THEREFORE, BE IT RESOLVED by the Deal Lake Commission that it hereby supports Assembly Bill No. 4322 prohibiting outdoor release and tethering of balloons and other floating devices.

           

RECORDED VOTE:

Ayes:  Allenhurst, Asbury Park, Interlaken, Loch Arbour, Neptune, Ocean

Nays:  None

Absent:  Deal

 

8. Dr. Souza said as part of his presentation at the NALMS conference he did a power point presentation on Urban Lakes in which he highlighted Deal Lake. He will forward a copy of the presentation for the DLC website.  He briefly explained the urban lake initiative that he has started to promote the role of urban lakes in dealing with at risk youths and bringing the community together.

 

PUBLIC HEARING

 

            UPON MOTION of Neptune, seconded by Asbury Park, carried that the meeting be opened to the public for comments:

 

            Ernest Magnoli, Asbury Park, wanted to voice his concerns about the lake and the

leadership of the Deal Lake Commission.

           

Paul McEverly, Interlaken, speaking as a 35-year recreational user of the lake and former Deal Lake Commissioner, wanted to state his appreciation and thank the Commissioners and professionals for all that they do for the lake.  He said the lake has never looked better.

MINUTES – REORGANIZATION MEETING

January 21, 2021

 

Bill Hodges, Asbury Park, had questions and concerns regarding the weed treatment east of Wickapecko not being done this year.

 

Dr. Souza said that once we hire a contractor for the weed program, we will make observations and be able to treat areas on an emergency basis.

 

Marty Martino, Ocean, had questions, comments and concerns about the following:

• Items being put on Agenda
• 2021 Projects
• Nobility Crest
• Weed Control

 

Laura McBride, Ocean and DLWA, also had questions, comments and concerns about the following:

• Workshop meetings
• Nobility Crest
• Seaview Square

 

Matt Clark, Ocean, requests the issue of dredging and remediation in the Colonial Terrace section of the lake be put on the next Agenda.

 

Ms. Toher, introduced, Eddie Winder, the new Alternate Commissioner for Asbury Park.

 

There being no further comments and UPON MOTION of Allenhurst, seconded by Asbury Park, carried that the public hearing be closed.  There being no further business and UPON MOTION Loch Arbour, seconded by Allenhurst, carried that the meeting be finally adjourned at 8:50 PM.

 

_____________________________

Jessie M. Joseph, RMC

Commission Clerk

 

 

 

 

 

 

 

 

 

 

 

 

“ATTACHMENT A”

 

This is the start of my fifth year on the commission.  I’m glad to be serving on this unique commission.

Since it is the beginning of the year, I will appreciate having 4 uninterrupted minutes to speak to the commission about my ongoing concern in hopes of a new fresh start.

DLC is fortunate because we have the full support of 7 municipalities who provide funding and appoint commissioners to be stewards of the lake.  We also have dedicated, excellent consultants on our team.

Each commissioner on the DLC has an equal vote, an equal voice, and the right to have access to information and DLC resources.  Each commissioner should have the opportunity to participate fully in collectively defining DLC goals and to work on those achieving those goals.

I want to speak to that:

While Chair’s role is to oversee the meetings – – no one person on the commission has the right to dictate DLC goals, or to carry out all its goals.  When I brought this up to the Chair, he said that he assumes that other commissioners will not want a part in that.  I believe it’s a wrong assumption.

The DLC was never designed to operate as an autocracy – That kind of model, particularly amongst a group of volunteers and consultants, is generally a waste of resources, time and human potential.

This year, it’s my hope that the existing model will change.  And that every commissioner who wishes to, is encouraged to voluntarily take part in working with other commissioners on issues of mutual interest.  We can break up the work load.  To do this, we will need dedicated work sessions to carry out this work.

Secondly, for years, I’ve been sending out DLC communications and writing content for the web site,. I have helped develop workshops and materials to educate the public.  I’ve called Dr Souza for help with my efforts because it’s important to me that I am up to date and accurate in what I put out to the public.  I want to thank you, Steve for all your help.

I respect that our excellent consultants are busy professionals; they always go way above and beyond what the DLC pays them.  I understand the need to minimize what we ask of them.  I am mindful of this whenever I ask for information.  I respect and appreciate whatever and whenever they can provide this resource.

The Chairman is hard working, his intentions about the lake are good and he is passionate.  But I believe he misunderstands his role.  The Chair insists that he controls all communications and information.  He holds the reigns so tight it makes it hard to operate.

Everything must flow through him for approval, filtering and or censorship.

My questions or suggestions to the Chair are oftentimes dismissed or seem to be viewed as a criticism/ a challenge.  If I ask that the Chair to add a topic to our agenda for discussion, for example, he refuses, brow beats me or says we’ll talk about it as some future meeting.  So – During DLC meetings, I try to bring up that same concern or questions – he frequently interrupts me and cuts me off.

During our November Goals meeting.  I asked for two goals to be added to our list.  One dealt with what I discussed earlier breaking up DLC work load among commissioners.  The second goal was to work on developing a Specific Process/ a check list to deal with flagrant lake offenders like Nobility Crest.  My suggestions, were submitted in writing far in advance the Chair and I brought them up during the meeting, Though two other commissioners felt these were worthy topics.  On his own, the chair decided they were not valid and refused to include them in the final document.

The Chair recently, accused me angrily of going outside my duties as a commissioner, leaving a verbally abusive voice mail, when I responded to a request for information from my city’s mayor.

Last month, I followed up after meeting with the NJDEP to get some clarification from them for our web site regarding regulations.  I copied to the chair who then wrote back that I should not communicate with the NJDEP without his approval, even though I had been communicating with the NJDEP for over a year.

When the Chair wants to assure me of this serious stance ; he copies to commission attorney, or copies to everyone on the commission.  It certainly feel like an attempt at intimidation.

What I am explaining to you has been an increasing and is a real choke point in my efforts to serve on the DLC.   It is why, in good conscience, I felt I should abstain on my vote for the Chair.

It’s my hope that this level of micromanaging and disrespect will change as we begin this new year.so that our work becomes easier to do.  I hope to see us working more collectively this year with easier access to information and resources.

 

I appeal to the Chair to reconsider his behavior and what he thinks his role is.

I cannot speak to for the commission, but I believe that these changes might prompt many of us to feel more comfortable in tackling the work of the commission.

Thank you for hearing me.

Jeannie Toher