With nothing to report from the Harbor Commission attorney and no unfinished business to report by commissioners, tenant Harold Smith was advised he has to wait even longer for repairs to be made in the $1.5 million building he has complained about for the past 20 months.
The building, which houses Towboats US and a unit of the NJ State Police, was built by Kappa Construction, the firm currently building the more than $10 million new Borough Hall in Highlands.
Construction of the harbor building was deemed complete in 2020 and Smith was permitted to move in in January, 2021. He had been conducting his business in a trailer art the harbor for eight years after the original building was destroyed during Hurricane Sandy. While his rent was frozen during the time he operated from the trailer, he has been paying an increased rent since moving into the new building.
At first, Smith advised the Harbor Commission of five major problems in the building all related to problems with construction, ranging from the main door failing to open, close or stay in a stationery position all the time, to a malodorous smell in the bathrooms and gas heaters and emergency shutoffs improperly operating or in the proper place.. When no permanent corrections were made, nor the gas heater problem resolved, despite numerous notices to the Harbor Commission, he appeared at a borough council meeting last month to say the Commission was acting like they wanted him to leave. Council promised some action and did make some temporary fixes.
But at last night’s harbor commission meeting, Edward Washburn, standing in for the commission’s attorney Michael DuPont, advised commissioners not to answer any questions pertaining to the issue and said he himself would also not answer questions because of the possibility of litigation once new information received is reviewed. He indicated he was giving this advice since the Harbor Commission could possibly be drawn into the litigation if it became reality. The information is so new, he said, it is still being reviewed. There was no executive session after the meeting, so no apparent discussion with the Commission on the new information.
During the public portion Smith said he had sent a formal request to the Harbor Commission and had not received any comments or response to that. After the meeting, he indicated that request was that the Harbor release him from his contract effective Jan. 1, 2023, if the repairs are not paid. He said Attorney Dupont had advised him he should seek an attorney to represent him in the matter.
“I hope we can work this out,” Smith said, That is my standard goal, I really would rather than that being released from my lease”
Ever the optimist, Smith added that “they’re trying,” praising Harbor Chairman Thomas Wall for all his efforts. “They’re trying,” he repeated, “but I’ve heard that before. And nothing’s been done.”
The tenant has not ever asked or received for a reduction in his monthly rent he has been paying over the past 20 months saying, “I’m not that kind of person. I have to put my head on the pillow and sleep every night.”
Washburn could not give any indication when any information could be released or what action is being considered. The only response to Smith’s letter asking for release from his lease was the fact that decision had to be made by the Harbor Commission.
