A Special Council Meeting was held September 9th to award a contract to JAK Construction Corp, the lowest responsible bidder, for Accessibility Ramps for various roadway intersections. The project will be funded by application of Community Development Block Grant funds. Also, Council deferred its consideration of a litigation issue to a later date.

Mayor Dunbar prefaced this Council meeting with a statement that Council “intends publicly to adopt a Resolution to go into closed session to receive and consider the advice of our Special Counsel concerning ongoing litigation. In accordance with applicable law, the Resolution will provide that the minutes of the closed session . . . .will be made available to the public when the litigation, including appeals, has been finally resolved either by settlement or a judicial decision”.

“Although we cannot publicly comment on the merits of the case, we can report that we are relying on the advice of special counsel John J. DeVincens in how the litigation is conducted. Council is aware of some residents‚ concern about the relative cost and benefit to the Borough of pursuing the Fitzgerald litigation to enforce our land use requirements. We want you to know that we have been and continue to be as frugal as we can be, consistent with our responsibility to enforce our land use ordinance.”

Public comments: Bob McIntyre asked if it would be possible to repave Route 35 with a quiet road surfacing material.‚ The DOT said it would cost 10 to 30% more and would last 6 years, rather than 12. . . . Carol Leone wonders what progress has been made on returning the stop sign to East Avenue at Lyman. . . .. Richard Piemonte read a letter from John Kolmer who could not attend this meeting, writing he doesn’t like the way Council is acting re the litigation suit and is concerned about taxpayers‚ financial burdens. . . .Bob Post received a notice he was violating Ordinance #371. A bush on a corner of his property must be removed because it limits a view of oncoming traffic! He’ll take it out.

This Council meeting opened at 8:12 pm. All members of Council were present.

The Police Department attended to 230 incidents in August. Of these, there were four animal complaints, ten alarms sounding, 30 malicious mischief calls, 15 traffic accident investigations, 49 traffic enforcement episodes, and 66 public service events.

Fire Chief Richard Laird reported the Mantoloking Fire Company responded to 28 fire/emergency incidents, had two company drills and one monthly business meeting in August. Seventeen of these calls were alarm activations. Assistant Chief Larry Gilman asks residents to check their fire and CO alarms and their furnaces. Once the fire company is dispatched it is obligated to appear even if a resident has reported the call a mistake.

Construction activity: Four new permits and four permit updates were issued in August. A new house, a lawn sprinkler installation and three alterations were allowed.

The Chief Financial Officer reported about 96% of third quarter taxes has been paid. Delinquent notices were mailed for real estate and sewer charges for those bills still outstanding as of September 11, 2002. The tax sale list will be prepared later this month and the actual tax sale will be early December.

In old business, Ordinance #450, granting renewal of municipal consent to Comcast Cable of Ocean County to construct, connect, operate and maintain a cable television and communications system in the Borough of Mantoloking, was passed.

In new business, the following Resolutions were passed:

a. To award the contract for reconstruction of the western end of Downer Avenue to C. J. Hesse, Inc., the lowest bidder of five bids received;

b. To request approval from NJ Dot for a one year extension, to December 17, 2003, of the time for awarding the contract for reconstruction, paving, curbs and sidewalks for the north end of Barnegat Lane. This will be a municipal aid, FY 2002 grant, to be completed by late spring, 2003. The reason to defer this project to next year is the Downer Avenue project.

c. To authorize the sale of the used police car. Seven bids were received and the highest bid was $6,420.01 from U. S. Properties Outlet.

d. To authorize the sale of one 1983 Bayliner (motor boat) which has been used for Mantoloking's Police Marine Patrol. Sealed bids are required.

f. To consider the recommendations of the Public Safety Committee to address safety issues on various roads in Mantoloking. This includes petitioning the NJ State Commissioner of Transportation to ask why Route 35’s speed limit is 40 mph while other towns on Route 35 are 35 mph or lower; and ask the Freeholders to reduce the speed limit on Route 528 in Mantoloking to 25 mph.

Steve Gillingham is working on speed humps, or bumps. He said they get mixed reviews. . .The Borough will hire a new police officer to be on hand when Chief Garon retires early next year. . .The new Police Marine Patrol boat has arrived and is in use.

John Jones reported the beach lost 80 feet of sand during the recent storm, but it didn‚t go far away. There is a considerable sand bar close to shore. But during high tide, there is really no place to sit on the beach. Doug Popaca said the garage doors have been installed in the garage and the building is weather tight. Building this “kit garage” saved the Borough $150,000.

THE DROUGHT STILL EXISTS. SPRINKLE-SYSTEM WATERING IS PROHIBITED IN MANTOLOKING.

Alan Laymon apologized to residents who had problems with garbage collection during the summer. He has met with Waste Management and next summer from June 15th to September 15th they will collect on the old schedule, not all areas on one day. . . Garbage and recycling will be collected the day after Thanksgiving and Christmas.

Rusty Husted had more good-bad news. The funds needed for renourishment have been approved but will not be available until committees meet. But with congressional recesses, it looks like no Water Resources Development bill in 2002.

Council adjourned at 8:36 and went into closed session. It came out of closed session and passed the following resolution: To provide for ratification and confirmation of the engagement of special litigation counsel and the initiation, prosecution and defense of litigation concerning issues related to enforcement of the provisions of the Land Use Ordinance, Lot 7, Block 26, Daniel Fitzgerald, owner. . . .Council views, based on the advice of Special Counsel, that litigation was initiated in good faith based upon facts which demonstrate an apparent violation or disregard of the Borough’s Land Use Ordinance and it is mindful of its sworn duty to enforce the ordinances of the Borough.

Next meeting: Monday, September 16th at 8:00 pm