Unapproved Minutes of the General Meeting of the Ocean Beach Surf Club - Unit One May 25, 2013 President Bob Blair called the meeting to order @ 2:05 pm at the Union Church, corner of Grand Central Avenue and Philadelphia Avenue, Lavallette, NJ. Present: President Bob Blair, Vice President Lynda Schmidt, Treasurer Jim Pendergast, Recording Secretary Jeff Mucha, Dave Finter, John Tedesco, John Anicito, Ellen Downs, Jeff Conger and Greg Gere, Absent: Debbie Valenti President Bob Blair opened the meeting with the Pledge of Allegiance and a moment of silence for U.S. soldiers and deceased members of the association. President Bob Blair introduced each of the Board Members. Quorum: President Bob Blair informed the membership that the necessary quorum of 25 or more members is present to continue the meeting in accordance with our By-laws. OFFICERS AND COMMITTEE REPORTS: Treasurer's Report: (Reported by Jim Pendergast) As of April 30, 2013, there is $14,253.07 in the checking account, $115,630.33 in the Capital One Money Market account and $27,835.30 in the TD Bank Money Market account for a total of $157,720.70. Copies of the independent accountant s audit report are available for the membership s review. There were no questions on the Treasurer s report or the audit report. A motion to accept the Treasurers Report was made by Cheryl Mucha and seconded by Helen Kugler and approved unanimously by the members of Ocean Beach Surf Club Unit 1 Vice President s Report: (Reported by Lynda Schmidt) No new members Sgt at Arms Report: (Reported by John Anicito) The club has contracted the same security firm that was employed last year. Security services will be provided from June 29th to the week prior to Labor Day 2013. Lagoon Report: (Reported by Greg Gere)
There are still boat slips available. If members/renters do not rent a slip this season, they will not lose their slip next year. If anyone has any questions, see him after the meeting. Ocean Beach Report: (Reported by John Tedesco) The beach clean-up and preparation will be commencing on Tuesday, May 28th and be completed by the end of the week (weather permitting). New water lines will be installed for the showers. We have contracted Bernie to handle the lifeguards again this season. The lifeguards will be on duty starting June 22, the first day the beach is officially open. Testing will be in the ocean this year. Bay Beach Report: (Reported by Jeff Conger) Bay beach clean-up after ocean beach is cleaned up and prepared for the season. Buildings and Grounds Report (Reported by Dave Finter) If you plan on knocking down and rebuilding, you must complete a construction application. If you have any questions or concerns, call him to discuss. With summer season starting, please clean up around your property and try to keep area as presentable as possible. It is the responsibility of the homeowners to keep their homes secure by having doorways and windows shut to prevent vandalism. The construction rules requested that the insurance company lists OBSC 1 as second insured party. Phil DiVoilo (221 Bay Beach Way) asked Dave to see if this is needed. Dave will contact club s lawyer to see if this is required. Joe Ablahani (115 West Barnegat Way) stated that in homes that no work has yet been done, there is mold growing all over the place. What can be done? - Dave stated that he should be contacted and he will contact the homeowner, and then Toms River Board of Health if no progress is made. Don Gibson (105 West Spray Way) inquired if there needs to be an amendment to the By-laws for the change in the height requirements. This needs to be looked into. Bob Miller (17 East Beach Way) asked how to get the sand on the streets removed. Lisa DellaTerza (12 East Beach Way) stated that she was told by township to sweep sand 2-3 feet from property line and Toms River will remove. Bob stated that he will contact Toms River to remind them that there still is sand that needs to be removed. Anthony Caratzas (112 West Bay Way) stated that his home is being prepared for demolition and people are putting debris in his home so they do not have to pay for removal. He has received several phone calls from his neighbors that his property has been broken into. Dave asked
members to keep an eye on the properties in their neighborhood and notify police if anything suspicious is going on. New Business: none Old Business: President Bob Blair brought up the issue of the Dune Easement. Kathy Conger (107 West Beach Way) asked for clarification of rules of construction - it is allowed 7 days a week up to June 21st, after June 21st, no Sunday work and hours are 8am to 4:30pm. John Vernaleken (26 East Surf Way) asked when we were going to read emails. Several members asked when the FEMA elevations were being released. Dave stated that they should be released in the next few weeks. Bill Parrett (3000 Ocean Road) presented a correction to the minutes - need to add should have pros and cons on the dune matter. He also stated that members may be able to take a causality loss on their tax return for damage related to Sandy. If you have already filed, you can file an amended return. Roxane DiVuolo (221 Bay Beach Way) stated that she did not get written notice of Spring meeting. Bob stated that in order to keep expenses down, it was decided to email all club members of meeting notices. John Vernaleken (26 East Surf Way) asked where it states in By-laws that members need to be notified within 30 days of scheduled meeting. Bob Blair stated that everyone should be notified of meeting on dunes and the vote on the dunes should be a secret vote. Discussion ensued on whether the vote needs to be a majority or 2/3 of the # of members in attendance needs to pass. Bill Parrett (3000 Ocean Road) stated that regarding the deed restrictions, the second paragraph states that the owners and renters are allowed to use the beach. Ray Diliberto (30 East Beach Way) asked if there will be any allowances for those members who cannot attend the vote on the dunes. Chris Magory (220 Bay Beach Way) stated that it was his understanding members were notified of meeting, but no vote was to be taken. Several members asked when the secret vote will be taken. President Bob Blair stated that he spoke to the club s lawyer and we were advised to wait and gather information before bringing the issue to a vote. Chadwick Beach, OB2 & OB3 and Normandy Shores have not yet signed the easement. Out of approximately 3,000 beaches, less than half have signed off on easement.
John Vernaleken (26 East Surf Way) asked Bob if he had received the spreadsheet that he sent. Bob stated no, he cannot open any files sent as a doc. Dan Lanigan (223 Bay Beach Way) asked if club votes easement down, will eminent domain be an issue? Bill Parrett (3000 Ocean Road) suggested that we have all the facts that are available before we vote on the issue. Helen Kugler (28 East Barnegat Way) asked where will public toilets be placed if OB is turned into a free beach? Bob replied that Toms River has stated that they will not add public facilities if granted easement. Discussion was initiated by Maryellen Lavin (11 East Barnegat Way) regarding the plan that the dunes will be 25 feet from the property line and be approx 22 feet high. The beach will be approximately 200 feet wider. There will be no access - a ramp will have to be built for entrance to beach. Joe Zipp (22 East Shore Drive) asked why do we need a dune? It was the beach in Mantoloking that gave way and caused the flooding. Ken Hoffman (3036 Ocean Road) stated that his understanding was that there would have to be a minimum of 8.5 feet on top of dune. Bob Blair asked Chandler Johnson (17 East Barnegat Way) to give the membership a synopsis of the time line of the storm, since he had stayed at his residence. Chandler stated that on Monday, the storm fence closer to the ocean was filled with approx 5 feet of sand. This kept the ocean out. Lavallette's dunes had begun to collapse. By midnight, the little picket fence dune area became 5-6ft high with sand. During the night, there was approximately 1 foot/ankle height of water running down the street from the ocean. By 6:30 am Tuesday, there was 3 feet of water on Rt 35S. Diane Lanigan (223 Bay Beach Way) stated that this account proves that we need to construct a dune system. Phil DiVuolo (formerly of 221 Bay Beach Way) stated that it is his understanding that the Army Corp of Engineers wants to pump sand to make the beach longer. The beach height is currently 19'7''. If the beach is made longer, it will slow down the waves that hit. Joe Zipp (22 East Shore Drive) stated that Ocean Beach is higher than the other beaches, and these lower beaches are the problem. Lisa DellaTerza (12 East Beach Way) stated that there are many issues to consider, and the State/Toms River is going to get the beach anyway, so why fight? Dave Finter was asked if there was any plans/action that could be taken to stop the bay area from flooding. Dave stated that the bay has been dredged and the government is in the process of removing the debris. Frank Michenfelder (240 Bay Beach Way) asked Bob Blair if there had been any meetings between any of the other association/foundations presidents? Has anyone from FEMA attended these meetings? Is there any opportunity from the clubs to make a beach by beach assessment of
the height requirements? Is the club's lawyer attending the Federation meeting on June 15? Bob responded that no, the meeting is just among the presidents of the beach clubs. He will report to the trustees and contact our lawyer if there are any issues that need to be addressed. We won't get an answer from Toms River until they hear from FEMA. The easement document is a standard boiler-plate document - we will need to get some concessions from Toms River. We will try to get the best deal possible for the association. Joe Zipp (22 East Shore Drive) asked if anyone knew if Pt. Pleasant and Seaside Heights have to abide by the same dune height requirements as we will? Sheryl Piroso (13 East Shore Way) asked if we knew that the damage came from the bay flooding, we should push to have the bay area be helped. Frank Michenfelder (240 Bay Beach Way) stated that we need the dunes. Kathy Mayer (16 East Spray Way) stated that maybe if we work with Toms River, we can get smaller dunes built. Minutes of the General Meeting: Bob Blair was advised that there was no vote on the approval of the minutes from the October 2012 general meeting. As such, Bob asked if there were any corrections to the minutes, with the exception of the correction proposed previously by Bill Parrett. Motion was made by Jeanine Arnold and seconded by Cheryl Mucha to accept the minutes. The motion was passed. Bob Blair then stated that Bernie- head of lifeguards, informed him that they are in the process of getting the squad together, and approximately half of the lifeguards will be returning from 2012. John Tedesco asked if there was anyone looking to be a lifeguard, please contact him or one of the trustees. Bob Blair then returned the discussion to the dune issue. A member asked if the association actually owns the beach. Dave Finter replied that yes, the 320+ members of OBSC1 own the beach. OB2 & 0B3 are owned predominately by Mr. McDonough, and he leases to people. Eleanor Einfinger (11 East Beach Way) noted that there is still debris along Rt 35, and asked if this could get cleaned up. Bob Blair stated that he will contact Toms River. Eileen Vernaleken (26 East Surf Way) asked if there was any compensation for the dune easement, who would get the money? Bob Blair stated that the club would be the recipient. Linda Higgins (106 West Beach Way) asked if anyone knew when the "foam-man" sculpture would disappear. Roxane DiVuolo (221 Bay Beach Way) asked if the vote was just a formality if there is already public access to Bay beach. Dave Finter responded that if you buy a badge for the ocean, you can also use the bay beach. Bill Parrett ( 3000 Ocean Road) stated that on some mortgages, the beach is used as collateral. Does anyone know if the bank/mortgage company needs to be notified if the easement takes place?
Kathy Conger ( 107 West Beach Way) stated that she was informed that if you suffered over 50% damage, you needed to sign an agreement that within 4 years you will meet the FEMA height requirements. Dave Finter stated that there are new grant programs on line. Ken Hoffman (3036 Ocean Road) stated that during Sandy and also during the nor'easter the storage box slammed into his house. Is there something that can be done to secure the boxes so they don't do any damage? Bob Blair and the trustees will look into and get back to him. Phil DiVuolo (221 Bay Beach Way) asked if the easement is an access way to the high tide line, or is he missing something? Diane Lanigan (223 Bay Beach Way) asked if the association's lawyer, Paul Leodori, is an expert in the dune matter. Bob Blair replied that Mr. Leodori has worked with the DEP, EPA & DOT and has knowledge in these areas. John Vernaleken (26 East Surf Way) requested that the attorney's opinion on the dune be read to the membership. Bob Blair stated that the trustees met with Mr. Leodori this morning and discussed the matter with him. John Vernaleken (26 East Surf Way) asked to be allowed to read his correspondence to the club. Eileen Vernaleken will read John's emails: a) Asked that documents from Toms River be posted on the OBSC1 website - as of 5/12/13, none have been posted b) Who determines what gets posted on the website? c) Per the Bylaws - need to keep a ledger for who is in attendance to vote d) Why are only documents opposing the dune easement posted on the OBSC1 website? He sent emails to Bob, Dave, John T, Ellen and Debbie. e) Why wasn't reference to Toms River website posted? Bob stated that he is responsible for what gets posted on the website. Dave Finter stated that the trustees are not trying to stifle opinions. Dan Mercuri (3016 Ocean Road) voiced his opinion that the dune issue should be voted on by those attending the meeting and 50%+1 vote would be needed to pass. Bob Blair stated that the membership will be given notice of the meeting at least 30 days in advance. Bill Parrett (3000 Ocean Road) asked if we have to amend deed if there is an easement? We don't want to violate the deed that is given to the bank. Candyce Hoffman (3036 Ocean Road) stated that it was her understanding that representations were made to beachfront owners that the view of the ocean and bay are guaranteed to the owners. The property rights may not be subject to a popular vote. George Dzurillay (110 West Bay Way) stated that there are 3 homes on West Bay/West Barnegat that are going to be demolished, and he has concerns about the dust when demolition occurs. Dave Finter stated that when the homes are demolished, the contractor should be spraying with water to keep the dust down.
Sheryl Piroso (13 East Shore Way) asked what is public access? Bob Blair responded that this means that anyone off the street can buy a badge and get on the beach. Sheryl also asked if the club still sells daily badges - yes. Veronica Kadash (109 West Spray Way) asked if dune easement takes effect, will parking be required? With no further new business to discuss, a motion was made by Maria Maggio to adjourn the meeting and was seconded by Cheryl Mucha. The meeting was adjourned at 3:40 pm. Respectfully submitted Jeff Mucha Recording Secretary