The July 1, 2014 Waterways Advisory Commission meeting took place at 6:30 p.m in the Municipal Building located at 627 Pinewald Keswick Road, Bayville, N. J. The meeting opened with the salute to the flag. Rosalee Di Pietro, Secretary for the Township Waterfront Advisory Committee took the roll call. Present were: Chairman, William McGrath, Fred Bekiarian, Bob Nunn, Larry Borio, Lee Gashlin, Tom Bellinato, and Jerome Bolletteiri. Absent: Vito Esposito and Samuel J. Cammarato. Guest Speaker: L. Stanton Hales, Jr., Ph.D., Director of the Barnegat Bay Partnership. Approval of Minutes from June 10, 2014 Meeting: Motion by Mr. Borio, seconded by Mr. Bollettieri to approve and accept the minutes of June 10, 2014. All in favor, motion carried. PRESENTATION: L. Stanton Hales, Jr., PhD, Director of Barnegat Bay Partnership came forward and handed out information. He is going to speak about “Storm water runoff and Barnegat Bay” among other things. The Partnership is one (1) of twenty eight (28) National programs and is federally funded. He worked for the citizens of Ocean County, State of New Jersey and the United States. They get a non competitive grant by the E.P.A. every year which varies between a half million and a million dollars. It is matched by the County one (1) to one (1). The Ocean County Board of Freeholders have provided that one (1) to one (1) match since the inception of the program. They are one of the youngest programs. It was accepted into the national program in the early part of the twenty first (21st) century, 2002. It started in 1995. The State had an application process they went through and it was formally accepted. Mr. Hales was hired about seven (7) years ago and at the time was a Senior Biologist with U.S. Fish and Wildlife Service. Prior to that, he was Director of National Science Foundation Funded Program at Stockton College where he was a Professor for about ten (10) years. The Partnership works by taking those federal dollars and using them to leverage other investment in the bay. They also a lot of technical expertise. If you have a third party in disagreement, they can bear on the problem and they are happy to provide a science based answer. This essentially their job and the E.P.A. asks that they work to minimize local groups working at cross purposes to each other and leverage everyone’s finances, funding, other contributions, volunteer and/or etc. for the protection of the bay. There are always environmental issues regarding costs. They work by committee and have three (3) large organizational committees. Mr. Hales reports to the Policy Committee. There is also a Management Committee which oversees the day to day operations and Mr. Hales works with them also. It consists of thirty five (35) different organizations. It includes Federal, State, County and Municipal Agencies. It also includes academic institutions, non- governmental organizations and an occasional business or two. They also have two (2) other technical committees that report to that management committee. They have a Science of Technical Advisory Committee which includes basically technical representatives from those organizations and group that is elected from the public. They have open nominations. They have a Communication and Education Committee which includes a lot of educational professionals. Every five (5) years, they put together a plan. They work to protect the quality of the bay. Mr. Hales spoke about water quality and the original Clean Water Act which resulted in substantial improvements in water quality nationwide largely by addressing what is called point source pollution and sewerage treatment plants and storm water systems. They are set up to largely address is non-point source pollution. Non-point source pollution is a major challenge in protecting the bay, and there are very few point sources in the bay. Oyster Creek is one and is not an issue at this time since they are closing it down. There were three (3) other major point source discharges in the bay and those were the three (3) Ocean County Sewerage Plants, northern, central and southern. As a result of the Clean Water Act, all three (3) of those now discharge well off shore. One of the issues they had which was documented by a Rutgers graduate student, was some portion of the sewerage that’s delivered off shore, some of those nutrients do come back into the bay under certain conditions and they are trying to get a better estimate of that and to get federal money to address this. The bay gets about 7,000 metric tons of nitrogen a year. In comparison to other estuaries nationwide, this is a modest load. It is not good, but it is not really bad. This is a challenge for the State at this time and there is no simple answer to this. Ocean County is the only county in the State of New Jersey that has a foot in both of the States critical water supply planning areas. Mr. Hales stated that since Governor Christie has been elected, he has invested more in the bay than anyone else. Mr. Hales discussed the increased nutrients into the bay. He discussed the rain and sprinkler systems relating to water supply issues. By law they are required to release a water supply master plan every six (6) years. The last one was released in 1996. Every town in this county should implement a water supply conservation plan. We need to be more responsible for water consumption. Mr. Hales spoke about low flow toilets. He mentioned that they do a lot of habitat restoration and is doing a small scale restoration project in our Township on Cedar Creek. The Business Administrator just signed a contract with them to rip out the dam just upstream of Route 9 on the creek. Under low flow conditions, that dam is quite an impediment to the movement of fish upstream. The State had to close a number of fisheries because it doesn’t do a good job of managing those fisheries and they are trying to pick up that data gap and find out where those fishes are and how threatening they are. Mr. Bollettieri lives near Cedar Creek and is concerned about the restoration and the removal of the dam. He is concerned about it being reduced from a creek to a dry bed. He would like to see a series of steps rather than removing the entire dam. Mr. Hales explained further and a discussion ensued. Mr. Bollettieri also spoke about the water levels in Cedar Creek. Mr. Hales spoke about habitats as well as Double Trouble State Park as well as T and E, threatened and endangered species. He spoke about jelly fish in the bay due to nitrogen pollution and described cannonballs which are very small jellyfish and do not sting. Mr. Hales spoke about the States Master Plan. Chairman McGrath visited the dam about a month ago and at the time, he noticed a bow in the middle of it, concrete, and sinks in the middle. Water levels change with time. The water coming over the edges where the highest part was, was maybe three (3) or four (4) inches deep going over, and in the middle, it bowed down maybe another six (6) inches in the middle. Chairman McGrath did not measure it, but it appeared to be that way. A discussion ensued. Mr. Bollettieri asked about putting water into the creek. Mr. Hales explained the flow and the change in the stream bed. Mr. Hales stated they are planning to get the project done this month. Mr. Gashlin asked if there is any data Mr. Hales is aware of from twenty (20) years ago regarding the jellyfish population and how it has changed. Mr. Hales stated there are three (3) or four (4) other groups that are conducting research on jellyfish in the bay. Montclair says that the earliest record he could find is around 1910. There are no historic records on jellyfish. The best date they can pin it down to in terms of things being really abnormal would be 2003 or 2004. Mr. Gashlin asked if there was a pie chart showing where the predominant amounts of nitrogen is coming from, we hear fertilizer. He wanted to know if there is a there a break down. Mr. Hales stated that a lot of nitrogen in the bay is in the atmosphere. Mr. Bekiarian mentioned the Chesapeake problem with the jellyfish. Mr. Hales stated they still do. Mr. Bekiarian asked what was determined in the Chesapeake study and if they came up with a result. Mr. Hales stated jellyfish are ten (10) to one hundred (100) more abundant on the back side of Virginia Beach. Mr. Hales announced jellyfish reproduce quickly and the bay is warmer now than it has ever been. Mr. Bollettieri spoke about the end of Butler Boulevard and (6) or (7) years ago he saw sea horses and horse shoe crabs in that area. A discussion ensued regarding sponge crabs, the crab fishery, sea horses and eel grass. Mr. Gashlin asked about the five (5) causes of jellyfish. Mr. Hales explained the five (5) potential causes. One is pollution; two is water temperature; three is the selenity in the bay; four is fisheries and five is the structure in the bay (floating docks, bulkheads). Chairman asked if a study has been done as to whether or not it makes a difference if it is vinyl or plastic or wood structures. Mr. Hales said the answer is no. Mr. Hales stated we are trying to get funding to answer these questions. Mr. Borio asked what eats jellyfish. Mr. Hales answered, tiny filtering fishes. A discussion ensued. Mr. Hales stated that the biggest problem here is jellyfish being a nuisance. Mr. Gashlin inquired how we can get rid of bacteria in jellyfish waters. Mr. Hales explained. He spoke about bathing beach problems in Beachwood. Groups have been committing money to figuring out the source of their bacterial problems. He can give recommendations as to what was found. The County and the State can help with this. He spoke about the sewer system and the storm sewers being cleaned out and Beachwood is the worst. Mr. Hales also heard of a problem in Ocean Gate. Mr. Bollettieri spoke about the jellyfish in Italy and asked if Mr. Hale thinks there are more jellyfish now than ten (10) years ago. Mr. Hales couldn’t say. Mr. Gashlin asked about storm water. Mr. Hales explained storm water rules, don’t treat your soil like dirt. Mr. Hales also spoke about the States Fertilizer Law. A discussion ensued. Mr. Bekiarian mentioned the ten point program that was introduced three and a half years ago regarding Toms River getting an eight million dollar grant to retrofit several large basins for rain gardens and he asked if there was a study of nutrient density into the bay prior to the retrofit of those basins and what does the study show now. He asked how does that improve outfall to the bay. Mr. Hales explained the nutrient loads and the landscape units. One of the basins was a complete failure and the County has not figured out what to do with it. A discussion ensued. Mr. Bekiarian asked about sonic blast in the ocean. Mr. Hales explained that it is not happening on the bay side so they put that aside but he will be happy to send information regarding the Environmental Assessment and this is the best time to do the study. OLD BUSINESS: Developing a comprehensive storm water runoff ordinance Mr. Gashlin spoke about storm water flowing off the property and going onto the road. Mr. Hales spoke about the rain barrels. Mr. Gashlin asked if it is better to run the leaders right into the ground or run them through a decorative rain barrel and then through pipes into the lagoon. Mr. Hales stated the benefit of the rain barrels is you can hold fifty five (55) gallons and also spoke about catching rain water not being clean. Mr. Hales spoke about the Section 319 Program Water Act. State and Township matching funds can be used. Mr. Hales asks not to give up on the basins. Mr. Bellinato asked about maintenance and catch basins. Mr. Hales explained it is a lot of work. Mr. Hales thanked everyone and thinks we are on the right track. Chairman McGrath thanked Mr. Hales for his presentation. DREDGING MAPLE CREEK AND THE NORTH AND SOUTH SIDE OF BUTLER BOULEVARD: Chairman McGrath announced the Police Chief had some concerns at a meeting that Mr. Bekiarian attended. Many people are unaware of what we are trying to do. We need to make the people more aware. Chairman handed out a letter he sent to the Office of Maritime Resources. The funding for the dredging of the States channels was moved from the DEP to the DOT (Department of Transportation) and this office of Maritime Resources. Chairman does not know where they are of our plight. Chairman read the letter which enclosed the petition signed by one hundred (100) waterfront homes, which was self explanatory with regard to super storm Sandy. The letter also asks to open up the channels to Barnegat Bay for our residents. Mr. Gashlin had some conversations with Dave McKeon and Chairman McGrath. Mr. Bollettieri spoke to Dave Ripman and his wife Roseann who were the signers who got the petition together. He suggested we get a copy of our report and this letter and give it to the Chief so she can give it to the residents of Maple Creek to let them know. Chairman stated he will do this. Mr. Gashlin stated he sent an email to Dave McKeon, Director of the Ocean County Planning Department asking a few questions such as has he heard anything about the DOT dredging in Barnegat Bay within Berkeley Township, and also about locations for dredge spoils. He told Mr. Gashlin the big hold up is spotting suitable sites for the dredge materials and also check to see if the Glen Cove area and Maple Creek is on the list. The N.J.D.O.T. is thinking of holding a couple of regional seminars with Municipal Officials to push the issue of the dredge spoils locations. Mr. McKeon is on vacation at this time. Mr. McGrath knows that they are in the process of dredging double creek channel and they have sufficient dredge spoil areas there. Mr. Gashlin announced they have dredge spoil islands in Florida. He visited one at the Fort Pierce inlet. STATUS OF BUTLER BOULEVARD BEACH: Mr. Bollettieri stated they are working on it, and he is disappointed. He spoke about the CAFRA permits being delayed. Some people were on vacation and nothing gets done. Chairman stated CAFRA permits have a statutory time limit. Chairman noticed they put a lot of sand fill on the beach. “KEEP OFF” SIGN NEEDED AT END OF AMHERST BEACH /INLET: Chairman announced there is a no wake sign there. He suggested putting a keep off sign on it. STATUS OF UPDATING THE TOWNSHIP’S BULKHEAD ORDINANCE: Mr. Nunn spoke to Dina Vicari, Attorney and expects to receive something soon. She is working with Kate Taylor, Engineer and for a draft and will send it to the Construction Office for their input and also to the Township Council for their input. Construction is already requiring a soft soil boring test for certain bulkhead installations. ON GOING PROJECTS BY TOWNSHIP ENGINEER: Report was dispended due to the absence of Kate Taylor, Engineer. “STRATEGIC RECOVERY PLANNING REPORT” PREPARED BY OUR TOWNSHIP PLANNER: Chairman Mr. McGrath spoke about the Master Plan. He read a list containing several items mentioning power outages, Town Center development plan, Environmental Resources Inventory 2012, storm Sandy impact, damages to property and sanitary sewer stations, damage to parks, disaster recovery programs, etc. STATUS OF BARNEGAT INLET NORTH JETTY: & NEW BUSINESS: Chairman handed out pictures. You have to be careful coming in and out of the inlet. Don’t pass boats, stay in line and don’t fish. You can see the damage that is being repaired. They will be patrolling the areas. The map indicated the sensitive areas of Barnegat Bay. Chairman spoke about the eel grass. A discussion ensued regarding the map regarding the high and low densities and jet skies. Law enforcement is going to make sure jet skies do not encroach into these areas. They want to educate the public. There will be no markings. Mr. Bekiarian announced they did a high quality job on the Amherst inlet bulkhead and is just about done. There is approximately 200 feet of bulkhead and approximately 75 or 85 feet of large rock that has been extended to the bulkhead that runs perpendicular to the Amherst Beach. They also put a substantial amount of sand on the Amherst Beach and it looks nice. The sand is nice and clean. It has great potential to develop that area as a park. Mr. Bekiarian spoke to Steve Seiler about signage and he said whenever we want they will development signage for us. How restrictive are we going to be. Mr. Bekiarian asks if crabbing is reasonable off of that bulkhead and then states he thinks not. He would like to make the bulkhead area restrictive to boating or fishing or crabbing using the new bulkhead. He had in mind to plant a row of flowers on the street side of the bulkhead to prevent people from walking on it or going too close to it. Signage should say no swimming, no boat tie ups, and no wake. Chairman stated the protocol would probably be to advise the Mayor and Council to pass an ordinance on this to prohibit specific activity, and we would have to pass a resolution advising the Mayor and Council to do whatever we agree and they can pass the ordinance on this. A discussion ensued regarding fishing in that area. Mr. Bollettieri reminds the commission that it is public property. Mr. Bekiarian stated he spoke to the Mayor a few weeks ago and suggested and they spoke about the completion of the bulkhead and he said he would really like us to get started on the plan for the park in case there is an expense and a bond issue that might have to be worked up for it. Mr. Bekiarian would like to activate the committee. Mr. Nunn and Mr. Esposito are on the committee and Mr. Bekiarian asked Mr. Gashlin to join the committee because he has the experience. He would also like to bring in one (1) person for the beautification, a director of Berkeley Shores Homeowners, John Schnitzer who is doing a great job. Mr. Bekiarian would also like to have the homeowners association do some of the upkeep and maintenance of that park if they choose to. Mr. Nunn spoke about a water fountain or a gazebo, but feels a water fountain makes a lot of sense. Mr. Bekiarian added that there is sewerage there. A discussion ensued. Mr. Bekiarian announced that he is going to get started and hopefully we will have something by next meeting for suggestions for a resolution. He will also speak to the town for their feelings and how restrictive we should be with this. Mr. Nunn spoke about two (2) sailboats being grounded in the inlet the other day. Mr. Bekiarian asked about the depth of the water. A discussion ensued. WARNING BUOYS AROUND REBAR OBSTRUCTIONS OFF ALLEN ROAD BEACH: Mr. Bekiarian announced at their annual meeting last Saturday, the subject of the rebar along Allen Road Beach was brought up and what can we do to possibly mark that off in some way. He asked if that would come under the jurisdiction of coast guard or the group in Forked River. Chairman stated that would be the group at the State Marina in Forked River and that is the Bureau of Navigation and they would have to put out hazard buoys. We can request that they do that. It may be helpful if somebody were to tie off some small floats on them so that they will know where they are at. It is very dangerous there and Chairman McGrath is concerned about is getting jet skies and kayaks there which can be a problem. Marion McGrath stated we discussed this years ago and were told by the town it costs too much money to fix it. Chairman stated we are not talking about fixing it, we are talking about putting hazard barrels at the locations of where the rebar stick out of the concrete. Mrs. McGrath stated it has to be at least five (5) feet out from the beach or more. She mentioned the busted concrete. Chairman stated the concrete goes out at least 200 feet from shore. Mr. Bekiarian wonders if we could ask the Underwater Rescue Team to take a look at that and mark it off. He will research this. Chairman took a ride at the end of Main Street and it appears that the Underwater Rescue Squad had some heavy equipment there. A discussion ensued. Chairman will go over the minutes and write up the resolution and we will sign it and send it to the Mayor. We will put this on the agenda for our next meeting. (August 5, 2014). Mr. Bollettieri mentioned that when there is a sign, the Ordinance number has to be on the sign for when a summons is written, the ordinance number has to be on it. There being no further business to discuss, motion by Mr. Bollettieri, seconded by Mr. Bellinato and carried, the meeting adjourned. Respectfully submitted, Rosalee Di Pietro The next meeting is August 5, 2014 @ 6:30 p.m.
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