Open Public Records Act (OPRA)
P.L. 2001, CHAPTER 404
N.J.S. 47:1A-1 et seq. (Effective September 3, 2024)

government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations on the right of access accorded by P.L. 1963, c. 73 (C. 47:1A-1 et seq.) as amended and supplemented, shall be construed in favor of the public’s right of access

A questionable interpretation of OPRA regulations, a typographical error, an outside flight of 22 steps to climb in close to 70-degree temperature for a local resident less than two months shy of becoming a nonagenarian is all that it took to get a copy of the letter written by Party Boat Captain and Yacht Harbor tenant Captain Ron Santee and referenced at this week’s meeting of the Harbor Commission.

The kindness, thoughtfulness, immediate attention to details and concern of Harbormaster Lou Fligor and administration assistant Jessica McClane made not only the entire incident far more palatable, but also brought back memories of when life was a lot easier and friendlier when it came to learning more about municipal business.

Those problems, however, don’t come close to what Santee, the Captain of the party boat Fishermen, is facing now that the Harbor Commission and governing body have approved a stricken captain from another Marina to violate some of the regulations head boats at this marina have been adhering to for more than half a century.

Hopefully, Santee’s concerns will be resolved shortly, as Harbor Commission Chairman Tom Wall made his letter a priority and referred the matter to the lease committee for a solution.

But the difficulty in securing a copy, or even being able to read Santee’s letter that resulted in harbor commission action makes it impossible to understand how OPRA regulations require both the planning board and Mayor and Council to have their meetings via ZOOM but not the Harbor Commission. At this week’s meeting of the Mayor and Council, Mayor Lori Hohenleitner’s indicated Harbor Commission meetings are not on zoom because that commission, which is all appointed by the mayor and council and has two council representatives as members, do not choose to be on Zoom.

Because of no zoom at Tuesday’s harbor meeting and absent a ride to get to the meeting, it was necessary for a resident to listen to the meeting recording the following day in order to secure information on the Santee matter.

A willing Harbor Commission staff member at first said the resident could come down to the Harbor Office and read the letter, but absent an OPRA request, it could not be e-mailed to her. Although the employee noticed her typographical error within a few minutes and immediately corrected it saying it would not be possible even if the resident came to the harbor office. However, the resident had already left her computer and did not see the e-mail that made it clear that she could not even read the letter at the Harbor office without filling out an OPRA request first.

Either way, the resident drove to the harbor office at 2 in the afternoon, at temperatures hovering just below 70 degrees, parked in one of the few spots near the second-floor office reserved for handicapped parking, and walked up the 22 steps to the harbor office.

Concerned staff, notifying the effect of the two-flight hike in the sun, were kind, solicitous and apologetic, offering far better solutions should the situation arise again.

But sorry, the letter could not be shown without an OPRA request.

Again, the accommodating harbor staff, made a quick call made to borough clerk Michelle Clark, who agreed that filling out an OPRA request in the office at that time would be sufficient to enable the resident to read and receive a copy of Captain Ronnie Santee’s letter which had been discussed the night before.

The good news is under OPRA, staff is entitled to take 10 days to provide the OPRA-ed information.

The Harbor or Commission staff did it in minutes.

OPRA

“A vessel that sticks out way beyond the slip is an accident waiting to happen,” the Fishermen head boat Captain Ron Santee told the Harbor Commission in a letter reported at Tuesday’s meeting of the Harbor Commission .

“I know this is a bad situation, and the owner wants to make it right and certainly does not want damage to his vessel or mine,” he continued, in urging the Harbor Commission to “correct the situation immediately.”

At issue is the docking of the Keyport Princess, an 88-foot super ship, billed as the biggest and fastest in the fleet and capable of taking 100 passengers. Docked at the Keyport Marina, the ship’s piers were severely damaged in last week’s storm and upon the request of Mayor Lori Hohenleitner, it was agreed that boat could dock at the Atlantic Highlands harbor until the Keyport marina repairs are completed.

But Santee said when the boat first came in and he saw a picture of it he immediately contacted Harbor Master Lou Fligor citing dangers in the slip where it was located because of its size and difficulty in maneuvering without endangering the adjacent boat. Fligor immediately responded, he said, and told the Princess owner to move the boat to another slip, given the circumstances cited.

Apparently, according to Santee’s letter, the boat’s owner Ethan Hartley complied. However, the letter continues, Jack Bevins, Jack Bevins, Senior VP, Marine Operations at Seastreak at the Harbor and apparently also a captain of the Prowler, told Hartley to move the boat back and not to worry about it and the boat is now immediately adjacent to the Fishermen.

But Santee is questioning why Hartley, whom he believes has a personal difference with him, has the influence to override the harbor master.

Santee said when the mayor first said the boat could be docked; she would have had no idea of the hazards or the site restrictions in place for the dock. “She was more than willing to help a bad situation when the mayor of Keyport called, but was not informed of what is actually going on,” his letter continued.

But Santee said there are multiple problems. Northeast, east and northwest winds are prevalent for the next three months, he said, and wind plays a major role in leaving and docking a vessel. “A vessel that sticks out way beyond the slip is an accident waiting to happen. With no blemish or accident on his record in the more than half century the Santee fishermen have been a part of the harbor, “why should I have to worry about this every day?”

Santee said in the past boats in the harbor had to be 65 x 20 feet with an allowance of up to 73 feet for a pulpit or anchor sprit, designed so as not to impede other vessels.

He pointed out he and both the Sea Fox and Prowler, two other long time head boats in the harbor all meet the size requirements for their slips and he questioned why the Princess does not have to do the same. Moving it to another slip one away from his own could eliminate any problems, he said.

Harbor Committee Chairman Tom Wall cited the letter at Tuesday’s meeting, noting it had only been received when the Harbor Office opened Monday morning, but the agenda was amended so action could be taken immediately in order to keep Santee informed and to make a decision on any recommended action.

Commissioners discussed the matter briefly and agreed to forward the letter to the lease committee to make a determination on what steps should be taken before there are any final agreements with the Keyport Princess,

Fishermen Fishermen Fishermen Fishermen

Continuing his professional opinion that all actions taken at the September Planning Board meeting were valid in spite of the failure of the advertised ZOOM capability, Planning Board attorney Michael Steib recommended, and the planners agreed, to ratify the September meeting actions at this week’s meeting to avoid any future complaints.

Even with that announcement, Steib also reported the September meeting approval granted to Carton Brewing LTD for numerous variances for their First Avenue property would not be ratified at this meeting, but is carried to the November 5 meeting instead.

That action is being taken, Steib continued, reiterating his belief the September action is valid, is to enable Carton Brewery to have a transcript of the September meeting before the ratification vote is taken. It was not possible to have the transcript prepared in time for this meeting, he said, but will be ready several weeks before the November 5 meeting. Carton Brewery will also notify all on their required list that consideration of the memorialization of the approval would take place at the November meeting.

These actions were brought about after local resident Mark Fisher brought to the attention of the Mayor and Council that in spite of the attorney and full planning board, as well as attorney and other representatives of Carton Brewing, all aware the ZOOM procedure for the September meeting was not in use due to some failure, no one objected to the September meeting and it proceeded without all the public being heard.

As if to continue with malfunctions or misunderstanding of the system, Chairman John McGoldrick was not present for this week’s meeting, but borough engineer Doug Rohymeyer, who handles the process for planning board meetings, said he was “on line” during the roll call for the October regular meeting following the brief workshop meeting. While he could not tell whether McGoldrick was present by phone or zoom, and he could apparently make no contact with him nor have McGoldrick be heard, Steib ruled that inasmuch as it did not appear the chairman was in a position to review or act on any exhibit at the meeting, “it is better if he steps aside.”

At the start of this week’s meeting, the board unanimously ratified actions it said were proper at the September meeting, appointing Kathleen Majewski vice-chairman, and approving a bulk variance for the Domanski property at 102 Center Avenue. Steib noted similar action would not be taken on the Carton application, leaving time for the company to provide a transcript of its hearing which included testimony and a question and answer period for a traffic engineer who indicated parking is not a problem in that area of First Avenue. It was not made clear at this week’s meeting whether the traffic engineer would be present at the November meeting to take any questions from those unable to attend the September meeting.

All the attorney recommended modifications for the September meeting addressed, the planning board head two applications this week and approved both by unanimou9s votes.

It approved a bulk variance for the Mercado property at 27 Lower Prospect Avenue for a two-story addition and an upgrade to a single-family house and a use variance for the Chadwick property at 57 Navesink Avenue to enable a swimming pool to be built.

A third application schedule for a bulk variance for the Dooley property at 38 East Avenue was carried to a future meeting because there was a defect in the notice to residents,

A fourth application, for a use variance and a subdivision for Smodcastle on First Avenue, was carried to the November 5 meeting at the request of the applicant because witnesses were not available. Steib said the application had been introduced to the board informally in the past, but would be held to consider the subdivision which would put an office in the front with the theater “wrapping around it” in the subdivision.

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Also fondly remembered were Monsignor Michael J. Walsh, also a former pastor and a Director of the high school. Monsignor Walsh died earlier this month; the Committee noted that “as pastor of St. Mary’s and director of Mater Dei, Father Mike strengthened our community of faith through his own steadfast example, nurturing students, supporting faculty and staff and welcoming alumni. He embodied kindness and compassion in all he did. Proud of his Irish heritage and devoted to the Blessed Mother, Father Mike was a long time supporter of this annual Mass and served as its celebrant on several occasion. May he rest in peace of God and remain forever in our hearts. Also fondly remembered were Monsignor Michael J. Walsh, also a former pastor and a Director of the high school. Monsignor Walsh died earlier this month; the Committee noted that “as pastor of St. Mary’s and director of Mater Dei, Father Mike strengthened our community of faith through his own steadfast example, nurturing students, supporting faculty and staff and welcoming alumni. He embodied kindness and compassion in all he did. Proud of his Irish heritage and devoted to the Blessed Mother, Father Mike was a long time supporter of this annual Mass and served as its celebrant on several occasion. May he rest in peace of God and remain forever in our hearts. Also fondly remembered were Monsignor Michael J. Walsh, also a former pastor and a Director of the high school. Monsignor Walsh died earlier this month; the Committee noted that “as pastor of St. Mary’s and director of Mater Dei, Father Mike strengthened our community of faith through his own steadfast example, nurturing students, supporting faculty and staff and welcoming alumni. He embodied kindness and compassion in all he did. Proud of his Irish heritage and devoted to the Blessed Mother, Father Mike was a long time supporter of this annual Mass and served as its celebrant on several occasion. May he rest in peace of God and remain forever in our hearts. smith Also fondly remembered were Monsignor Michael J. Walsh, also a former pastor and a Director of the high school. Monsignor Walsh died earlier this month; the Committee noted that “as pastor of St. Mary’s and director of Mater Dei, Father Mike strengthened our community of faith through his own steadfast example, nurturing students, supporting faculty and staff and welcoming alumni. He embodied kindness and compassion in all he did. Proud of his Irish heritage and devoted to the Blessed Mother, Father Mike was a long time supporter of this annual Mass and served as its celebrant on several occasion. May he rest in peace of God and remain forever in our hearts. Also fondly remembered were Monsignor Michael J. Walsh, also a former pastor and a Director of the high school. Monsignor Walsh died earlier this month; the Committee noted that “as pastor of St. Mary’s and director of Mater Dei, Father Mike strengthened our community of faith through his own steadfast example, nurturing students, supporting faculty and staff and welcoming alumni. He embodied kindness and compassion in all he did. Proud of his Irish heritage and devoted to the Blessed Mother, Father Mike was a long time supporter of this annual Mass and served as its celebrant on several occasion. May he rest in peace of God and remain forever in our hearts. Also fondly remembered were Monsignor Michael J. Walsh, also a former pastor and a Director of the high school. Monsignor Walsh died earlier this month; the Committee noted that “as pastor of St. Mary’s and director of Mater Dei, Father Mike strengthened our community of faith through his own steadfast example, nurturing students, supporting faculty and staff and welcoming alumni. He embodied kindness and compassion in all he did. Proud of his Irish heritage and devoted to the Blessed Mother, Father Mike was a long time supporter of this annual Mass and served as its celebrant on several occasion. May he rest in peace of God and remain forever in our hearts. smith

What appears to be a business decision by the owner of the building has turned into a lot of angst, anxiety and lack of sleep on both sides, while at the same time creating hard feelings, anger, and frustration among neighbors and friends in Atlantic Highlands.

Ronny Adams has run one of the shop stalls at the Renaissance Shop on First Avenue Atlantic Highlands, the popular large building that for more than 20 years has been the home for many little businesses, shops selling everything from books , CD’s and toys to furniture, fine glass and artwork. Ronny has maintained the shop operated by the Calvary Chapel, with their funds going to help the church, the poor and those in need.

The building’s owner Jerry Antonatos owns the building and several other buildings in the borough; all leased to other businesses.

For years, the business had apparently been operating with little overall governance or regulations on everyday handling of operations. In the past, Antonatos’ business partner, Alice, knew all her clients and seemingly dealt with each of them on a more personal rather than professional basis.

When she passed away, the businesses continued under Antonatos, as one of his several businesses, until approximately two and a half years ago when a friend and professional, Karen Paglia, agreed at his request to help him out and emphasize more business practices in dealing with all the leasees in the Renaissance building.

This year, one of the changes Antonatos wants to incorporate into the Renaissance shop is a return to days past when, according to Paglia, he said it was more thriving, a gathering spot of friendly, happy neighbors, and a focal point on the main street. One of the changes he is planning is doing away with the church shop run by Adams and, at his direction, Paglia also advised Adams of the change.

The move as described by Adams has been shocking, devastating to both her daily life and inability to sleep, brings frequent tears and sobs when talking about the situation and means the church will no longer have this shop as a means of raising money to help others.

Paglia asserts almost same reaction, reiterating several times how she knows, admires and appreciates Adams, how she genuinely likes her and does not want to cause her any harm. At the same time, she said, she has been subjected to name calling, anger, and upsetment from others and on social media and that is also ruining her days and disturbing her peace.

“It’s a business decision,” she said, “ and the owner simply decided who he wants to give lease contracts to. This has nothing to do with anything personal, there are no hard feelings towards Ronny or anyone else.”

The two women differ also on when Adams has to fully vacate the premises and take all of her items out of the shop. Although she indicated she really has no lease, things were run more casually in the past, she does not have a current lease, Paglia also indicted she does not have any lease at all.

Paglia also said she admires the work Adams has done for the church and has welcomed the church as one of the approximately 9 to 12 businesses that operates in the building. She indicated that Antonatos has not given Adams a specific date on which she has to be moved out, but rather instructed her to begin to take out all her items, and do in on the Tuesdays and Wednesdays which are her regular days in Renaissance. Should she need more time, Paglia said, Antonatos told her to let him know and he could extend the time. In the meantime, he asked her to clear out on  the two days a week she is at the shop.

There is little doubt Adams will be missed at the venue. She was known for simply giving away little toys or games to youngsters who come in, bringing biscuits for their dogs, and was on a “first name and hug” basis with numerous people, many of whom stopped to say hello and admire her grandson in the carriage when she was seated outside the shop Tuesday.

On the other hand Paglia indicated that since it is a business decision, and nothing more than that, Antonatos owns the building and has the right to make his choices for whatever reason. She sympathizes with Adams’ dilemma, holds no ill feelings toward her and wishes her well, but is upset that she, too has been subject to some name calling and improper stories about her involvement in the matter.

As of the writing of this story for VeniVIdiScripto, there was no solution to a situation brought about by lack of proper communication, lack of understanding and in inability to reach an amicable solution, a situation which has left Adams in constant tears and hurt and Paglia with tears of her own and a different kind of hurt.

Mr. Antonatos was not available for any comment.

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