The Court Renders a Decision … Sort of

Superior Court Judge Mara Zazzali Jones released an opinion yesterday which appears to determine that Mayor Lori Hohenleitner was duly elected Mayor of Atlantic Highlands in spite of the challenge by her opponent Councilman James Murphy.

The opinion, however, left the decision up to a further conference among the Judge and the attorneys for both officials.

While the Court found three instances where she felt Murphy, as the Petitioner did not always meet his burden of proof in the case of those votes he contested, she found several other instances when he indeed did and those votes should be rejected.

Hohenleitner had also filed with the court three challenges she felt were against voters she did not feel were eligible to vote in the borough in November. The judge upheld her proofs in those cases and rejected the votes, meaning she rejected three voters Murphy challenged, and another three Hohenleitner challenged.

That number, six in total, is not enough to overturn the election, and Judge Zazzali indicated that going forward, “the court may require additional testimony for the reasons set forth in an earlier court case in Parsippany . That is because the six illegal votes exceed Hohenleitner’ s margin of a five vote victory.

The Judge cited the earlier decision that said “the statute specifically grants the judge the power to require voters to disclose relevant information, including the authority to ‘compel [a voter] to disclose for whom he voted.”

It is for this reason Judge Zazzali concluded she “shall conference this matter to address the effect of these findings of fact and conclusions of law on this election challenge.”

The opinion itself reflects a major error in the written opinion. On page five of the decision, where the background and history of the lawsuit filed by Councilman Murphy when he lost the election Hohenleitner, who was also a councilwoman at the time, is legally identified and laid out, Judge Zazzali identified Murphy as the Democrat candidate for Mayor and Hohenleitner as the Republican candidate.

Neither member of the borough council responded to requests for a statement hours after the release of the opinion.

Council meets tonight, Thursday, April 11 at 7 p.m. for its regular meeting and the matter is not expected to come up for any discussion during the meeting.

Prayers on the Porch is tonight, Tuesday, April 9 at 6 p.m. at St Paul’s Baptist Church, W. Highland Avenue. Atlantic Highlands.

Everyone is invited to meet in the church parking lot for a monthly get together of residents and friends from all faiths. It’s an opportunity to share informal prayer, meet neighbors, join in prayers for the specific challenges or requests of others and spend a half hour in peace, quiet, and friendship.

The monthly Prayers on the Porch meets at different front yards and porches of residents, businesses and churches each month. This month’ s meeting at St. Paul’s gives everyone the opportunity to meet and welcome the new pastor who recently assumed the leadership of the parish.

It’s Always The Questions That Complicate Things …

“It’s frustrating,” resident Mark Fisher told the Harbor Commission at its meeting Tuesday, pointing out that as a resident his questions should not be ignored.

Fisher, during the public portion of the meeting, reminded the Commission that questions he has been asking since last year have not been answered or even referred to or reported on at any meeting since. “You’ve considered, discussed, but not acknowledged or answered,” Fisher said.

The resident, regarded by many as the most accurate recorder of almost every municipal public meeting and a frequent speaker at public sessions during meetings, also stays on track with all his concerns. If he doesn’t get a response to a question at one meeting, he brings it up at the next. And next. He makes it clear to every elected and appointed council or commission member that just because they don’t answer or even acknowledge he is waiting for information, he won’t forget. And he won’t go away.

Commission Chairman Tom Wall and all the harbor commissioners listened attentively to Fisher’s list of questions he has not had answered, some dating back to September of last year.

He cited four specific questions at the meeting, and received assurances from Wall that not only did he believe Fisher has the right to the responses, but they would be provided to him both personally and at the May 7 meeting.

The resident asked the commission to consider individual votes on correspondence and agenda items, rather than grouping all the items into a single vote. He asked that the Harbormaster’s monthly report be read in its entirety at every meeting. This month’s report was three sentences long, and only read after Fisher requested it. He asked that the commission include on the agenda an opportunity for the public to speak or ask questions on agenda items before any action is taken, as is done at borough council meetings. And he asked that in the rare cases that the commission takes action after an executive session, usually the last business of any meeting, that the agenda includes an opportunity to be heard before that action is taken as well.

Wall assured Fisher he would have a committee discuss each of the suggestions and would bring their recommendations up for public discussion at the May 7 meeting. Wall indicated to the resident that he understood his frustration and conceded that he himself should have been more thorough.

When asked later in the meeting why the recommendations Fisher brought up could not be discussed at the present meeting, Wall indicated he was not prepared to respond and would prefer to have a committee of commissioners make a recommendation for discussion before taking any action.

There are still some tickets available for the Frank Sinatra and Comedy night set for Saturday, April 20 at the Charles Hesse Gym at St. Agnes Church.

Stars Eric DeLauro, renowned for his Sinatra tribute, and Robert Anthony, aka Broccoli Rob, a popular and highly favored standup comedian will be featured in a night of music and comedy that also includes a full Italian dinner from Taliercio’s Gourmet Deli.

The evening is sponsored by the Knights of Columbus, Reverend. Joseph J. Donnelly Council 11660 who have long since gained their reputation for providing family entertainment and presentation, with all proceeds going to the numerous local charities the Knights council sponsors.

General admission for the night is $40, which includes all entertainment and the dinner, including soft beverages and soft beverages. Families are also invited to bring their own libations.

Tickets also include a ticket in a drawing for a flat screen TV.

Reservations, which re highly recommended, can be made by calling 862-368-0801 or e-mailing mikenap1962@gmail.com, Checks can be made payable to K of C #11660 and mailed to 180 Navesink Avenue, Highlands, NJ 07732.

Doors to the event open at 5:30 and dinner will be served beginning at 6 p.m..

Municipal Meeting Minutes- All in Favor …

There is nothing in the law that says an official of any board or governing body must be present at a meeting in order to vote for approval of the minutes of that meeting, Harbor Commission attorney Gregory Cannon said at this month’s meeting of the Commission.

“Voting to approve the minutes is not as a witness to the meeting,” the attorney said, “it is a vote to accept it as an accurate record of the meeting.” He added that Roberts Rules of Order do not require that an official be present at a meeting to vote to accept the minutes of that meeting, and indicated there is no state law on the issue.

The affirmative vote is not a vote as a witness that it happened, it is a vote that the minutes are accepted by the body as an accurate record” the attorney explained.

The question came up at the April Commission meeting when Mark Fisher, a local resident and frequent presence at municipal meetings of several boards, pointed out that both last year and this year, at different meetings, a member of council or the commission voted to approve minutes although they were not in attendance. In one case this year, the council-member voted to approve the minutes of the regular meeting but abstained from voting on the minutes of the executive meeting that same night, neither of which she had attended. Another council member who did not attend the meeting abstained. Cannon explained these are personal choices and not governed by any law that prohibits a vote to approve the minutes.

Fisher pointed out that in one case, it was the minutes that were actually in error as well, saying a member was present when she was not. That, Cannon said, would be different and he agreed to look into that

In other business at the meeting, Atlantic Highlands Yacht Club Commodore Joseph Patsco expressed his personal thanks and that of the Yacht Club for the swift and efficient response to the small kitchen fire at the Club last month. The swift action of both the fire department and Harbor personnel along with their cooperative efforts prevented a serious accident and enabled the Yacht Club to repair any damages and get back to normal operations within 24 hours. Commissioner Chairman Thomas Wall thanked Patsco and expressed the commissioner thanks for the cooperative efforts of the Yacht Club staff and members so the incident was handled with the cooperative attention the Yacht Club always has shown with the Harbor.

The Commission also noted the Yacht Club is hosting its 20^th annual MS Race on Saturday, August 17, Tom Caiazza, on behalf of the Sandy Hook Little League was approved for use of the Senior building to offer a Rutgers safety course for coaches last month, and Betty VanDeventer on behalf of the Atlantic Highlands Historical Society received permission to use the Senior Center and surrounding parking lot on Sept. 14 for the Society’s annual outdoor Flea Market fundraiser. Rain date for the Sept. 14 event would be Saturday, Sept. 21.

The commission went into executive session to continue discussion on its litigation against Kappa Construction Co. the firm that built the Sea Tow Building several years ago which was approved for use by its tenants by the Harbor Commission.