“You are always in a defensive posture,” East Garfield Avenue resident Chris Lucas told the Mayor and Council at last Wednesday’s council meeting in Atlantic Highlands.

The resident spoke twice during the public portion of the meeting, and while not finished saying what he had in mind, he added “I’m repeating myself” and sat down in frustration.
Lucas also expressed distress that the subject of regionalization was not only not on the agenda in order for residents to hear an update of the issue, Councilwoman Lori Hohenleitner said the subject was covered in the administrator’s report, drawing more frustration from the resident.

Lucas pointed out that not only Regionalization is an important enough matter to be included on the agenda for an update, but it was the very last item reported by the business administrator in his report. The resident proceeded to recommend how the matter could have been handled by the governing body on such an important and changing topic in order to keep the public informed.

Lucas said he was distressed by all he has heard at the meeting, citing the many questions Tracy Abby had asked concerning regionalization, many of which were his own as well, Harold Smith’s problems with his leases at the Yacht Harbor and the fact that no meeting has been set to continue the regionalization mediation five days after the meeting was held. That he said, he finds council’s manner “disconcerting.” He was disturbed to hear Smith when he said, “I do not have any confidence in the Harbor,” and other statements made during the meeting that suggest Council is behind or has not addressed in several areas, in addition to not keeping the public informed.

Mr. Lucas further warned the governing body. Apparently referring to the regionalization mediation designed to resolve cost sharing issues so the question can be put on the November ballot to let the voters decide whether they want a K-12 regional program for Highlands, Atlantic Highlands and Sea Bright, Lucas said “Time Kills deals,” before turning back from the microphone in frustration, concluding “I’m repeating myself.”

Residents might think the Mayor and Council do not answer their questions, listen to their suggestions or take action without delay, but they learned at last night’s council meeting that when it comes to each other, they are willing to provide accommodations.

In response to questions from a borough resident, Councilwoman Lori Hohenleitner said the regular meeting was changed from the fourth Thursday of the month to the evening before, Wednesday, to accommodate her, although, she said, she was not the one who suggested it.

The decision was made before any of the present council had been sworn into office last January, then approved by them unanimously at the reorganization meeting, with no reason for the change until it was asked by the resident at last night’s meeting.

Last night, Ms. Hohenleitner explained that prior to the reorganization meeting in January she knew she had an important commitment for her professional employment that would conflict with the April 27 meeting date.  The incoming council also already knew they were going to elect Ms. Hohenleitner council president, one of whose duties includes conducting council meetings should the mayor not be able to attend. The councilwoman explained that the mayor has personal commitments which are also important and could keep her from attending a meeting four months hence. So it was suggested the meeting night be changed to ensure either the mayor or the council president would be present and able to conduct the meeting.

At last night’s meeting, Mrs. Hohenleitner indicated she did not think the change in date, which was advertised on the borough’s page, in the adopted resolution in January and on the borough calendar was an inconvenience to the residents, she noted the meeting room appeared to be full enough showing people were not severely affected by the change. There were approximately 20 people at the meeting and another dozen on ZOOM.

The borough attorney, Peg Schaeffer, also could not attend last night’s meeting because of a conflict with the Wednesday night date. Another attorney from her firm, Sarah Fitzpatrick, attended in her place.

No one on council responded to queries as to why they would then plan their meeting for the same night as the regular scheduled meetings of the Henry Hudson Regional Board of Education, especially in view of the importance of the regionalization issues the borough has been studying and has not reached any conclusion on for many months.

It will actually be a three-year celebration of the 85^th anniversary of the Ladies Auxiliary to the Atlantic Highlands Fire Department when the women host an Open House and festivities at the Fire House Sunday afternoon from 1 to 4 p.m.

Restricted from a formal celebration of their 85 years as helpmates to the local volunteer fire department because of Covid restrictions in 2020, the Ladies Auxiliary is having the Open House Sunday both to thank borough residents for their support as well as to celebrate their 85^th and every year after with music and refreshments for all.

“This is an opportunity for everyone in town to get to know who we are,” said the Ladies Auxiliary president Mickey Rast, “and it gives women the opportunity to join us in an organization that is designed simply as a support in as many ways as possible to the outstanding fire department this borough has.”

In addition to refreshments throughout the afternoon, the Open House will feature the music of Mick Burke and Brian Anderson, local residents and musicians who are volunteering their musical talent for the afternoon’s festivities.

Rast said there will be auxiliary members present throughout the Open House Sunday to answer questions and provide information on what being a member of the Ladies Auxiliary entails, and the satisfaction the women receive from their support of the volunteers.

“It isn’t necessary to even be the spouse, daughter or mother of a volunteer to join,” Rast continued, although nothing there are several relatives in the ladies auxiliary of members of the fire department.  We invite all women who have an appreciation of volunteering to join us.”

The Ladies Auxiliary’s primary purpose is to be on call if the fire chief notifies them of a major fire where the fire volunteers are expected to be spending a long time and being assisted by outside borough units because of the magnitude or intensity of the blaze. In those cases, the women will provide both cold water and other cooling drinks, as well as hot coffee and refreshments for the firefighters as they take breaks or rest stops while fighting major blazes. “Fortunately, we have not had to provide that kind of service for several years,” the president continued, “but we are there whenever we are called.”

In the meantime, the women do conduct fundraisers I order to provide for other equipment or products that would aid the department but are not provided by the borough. As an example, their most recent donation included the three defibrillators now installed and ready for use at the fire house and on a fire truck.

They also assist at the annual Fireman’s Fair and sell the tickets for the department’s Grand Raffle, both the days of the Fair as well as in front of Bayshore Pharmacy during the year.

Currently, they are also selling caps and visors with the New Jersey logo and year the borough was organized as a separate municipality from Middletown.

The Ladies Auxiliary meets on the first Tuesday of every month at the firehouse at 7 p.m. They also have an annual picnic and a Christmas party every year. Applications for membership in the auxiliary will be available at the picnic. Interested women can also call Rast at 732-433-8510 for further information.

Rast also noted there will be a Dalmatian dog perched aside a fire hydrant Sunday, and a box available to enable visitors to suggest names for the new inanimate mascot. The fire hydrant will also accept donations for the auxiliary, though there is no charge to attend the Open House.

With Rast as president of the auxiliary, Cindy Fligor is vice-president, Jane Olcott is secretary and Valerie Freitas is treasurer.

“The Harbor is mismanaged; everything takes too long!   You think I’m going to sign a second lease? You think I’m crazy?”

More than two years of patiently waiting and hoping, believing he was going to get help, TowBOAT/US owner Harold Smith made it clear to the Mayor and Council last night that they are the ones who are in default of his lease at the $1.3 million building constructed by Kappa Construction. And he wants out.

But matters appeared even worse for the long-time tenant who has been praised in the past for all the efforts he volunteered after Hurricane Sandy. He now faces a double whammy.

Smith also has the lease on Sissy’s, the popular first floor breakfast and lunch café in another building in the harbor. The lease on that facility is up the end of the month, but more problems are facing the troubled businessman. The Harbor Commission has asked for some time since the deck on On the Deck, the restaurant above Sissy’s on the second floor, is in bad shape, needs repairs, and according to Smith, the leases there have been told note to use it until the repairs are made. Now the lease is due to be signed  the end of the month.

But those repairs will impact Sissy’s business, Smith argued, pointing out his workers have to go out under where the work is being done, his refrigerator is put in a precarious position, and “everything takes forever and then it doesn’t happen.”

Smith’s argument with his Boat USA building is currently under litigation between the borough and Kappa Construction, the builder, and cannot be discussed.  Smith signed a lease in January 2021 and since then, although the borough apparently signed off on the construction and paid in full for the work, there have been violations and dangerous construction problems he’s been complaining about to the Harbor Commission first, later the mayor and council. While reportedly some of the repairs have been made and some of the safety and health issues have been resolved, the work is still not complete, and the governing body has not ever taken any action on Smith’s request to be released from his lease. Last night he told the council they are in violation of their own lease, since while they are charging him full rent and have throughout the entire period, they have violated the terms that dictate speedy repairs of anything in need. ‘“You approved the lease, you’re in default,” he told them angrily at the meeting, “I have no confidence in the Harbor Commission.”

Now, with his second leasehold underneath a separate business that is also having structural problems, Smith told Council, “ that isn’t my problem, that’s your problem. My lease is not with On the Deck owners, it is with the borough.”

He said he negotiated for the lease for Sissy’s in November and just got the papers back from the Harbor Commission two and a half weeks ago, and still he’s being told to wait. Smith told the council he called the harbor attorney three times and still has not been able to talk with him.

In September of last year, when Smith’s patience started to show signs of diminishing, and he told of his loss of patience with delays and lack of attention to the condition in TowBOAT/USA, he asked to be released from the lease and told them “I’ll go elsewhere. It seems you’re driving me out of town.”

A tenant at the Municipal Yacht Harbor since 1998,  Smith first tried to have the building contractor fix the five major problems that have existed since the new $1.3 million building at the harbor was completed 20 months previous. He moved into the top floor of the building, renting approximately 350 square feet of space with incredible broad sweeping views of the harbor, the piers, and the water beyond.

But inside the building, a series of problems still had not been addressed by Kappa Construction, in the building built in 2019. Nor did the Harbor Commission to whom Smith pays rent, or the Mayor and Council, with whom the lease is approved take any action.

Since then, some of the repairs have been made, but the borough is suing the construction firm for the errors and dangerous situation, even though they apparently approved the work and paid the contractor in full.

At last night’s meeting, the Borough Administrator was not clear on whether certificates of occupancy are required for any of the buildings owned by the borough.

Other Stories on this continuing issue

Running Me Out of Town

Build It/Forget It