New OPRA (P.L. 2024, Ch. 16 Senate No. 2930) legislation went into effect September 3, 2024. Please see the new form which should be used for all submissions going forward. Alternatively, the information from the form may be provided to [Livingston Township request email] in writing. (click here for the new form) https://www.livingstonnj.org/DocumentCen...

Pursuant to NJSA 47:1A-5(i), you shall receive a response as soon as possible, but not later than seven (7) business days. If you are seeking records for "a commercial purpose" as defined in NJSA 47:1A-1.1, you shall receive a response as soon as possible, but not later than 14 business days. Day one starts the day after the request has been received (Holidays and Town Hall closings do not count as business days).

Good afternoon,

This is in response to your request for public records under OPRA and the
Common Law. Please see responses in bold type to the following:

I am requesting the following information between January 1, 2024 and May
1, 2025

All correspondence regarding the Payment in Lieu of taxes PILOT regarding
45 Partners Unban Renewal, LLC, 19-43 and 45 South Livingston Avenue
(Bottle King project)

Please provide all correspondence with the above address and any owner,
builders, realtors, etc, associated with the above address with Town
Manager Barry Lewis, Town Attorney Jarid Kantor and his firm, Councilman
Al Anthony, Councilwoman Rosauro Bagolie, Councilman Ketan Bhuptani,
Councilman Shawn Klein, Councilman Ed Meinhardt and Councilman Michael
Viera.

Correspondence should include written, electronic, telephone records, etc.

The Township has not identified any responsive correspondence records to
this request with the exception of email records, which will be addressed
below.  

The April 10, 2025 edition of the West Essex Tribune reported that the
PILOT was approved at the councils April 8, 2025 meeting.  What were the
votes?  What comments did any councilman make regarding the vote? The
minutes for the Regular Meeting on April 7, 2025 (the nearest meeting
date) can be found at the following
link:  [1]https://livingstonnj.portal.civicclerk.c...

The article also reported that Councilman Ketan Bhuptani and Councilman Al
Anthony "helped negotiate the terms of the PILOT"

What were the terms?

How many meeting took place during these negotiations?

Are their recording of these meetings?  Were they in person, telephonic,
zoom?

Who was present in these negotiations?

When (the dates) did these negotiations take place?

Where did these negotiations take place?

Was Town Manager Barry Lewis, Town Attorney Jarid Kantor or his firm,
Councilwoman Rosauro Bagolie, Councilman Shawn Klein, Councilman Ed
Meinhardt, Councilman Michael Viera part of these negotiations?

The Open Public Records Act (“OPRA”) deals with requests for readily
identifiable public records. See, MAG Entertainment, LLC v. Division of
Alcoholic Beverage Control, 375 N.J. Super. 534, (App. Div. 2005) (the
municipality does not have to provide the information sought under OPRA if
it fails to identify any specificity or particularity the governmental
records sought and seeks general information to be analyzed, collated and
compiled by the responding government entity which is not encompassed by
OPRA.)

While OPRA provides an alternative means of access to government documents
not otherwise exempted from its reach, it is not intended as a research
tool litigants may use to force government officials to identify and
siphon useful information. Rather, OPRA simply operates to make
identifiable government records "readily accessible for inspection,
copying, or examination." Id., citing N.J.S.A. 47: 1A-1. Please identify
specific records you are seeking within seven business days, by Thursday,
November 13, 2025.

At the January 1, 2024 reorganization meeting, did anyone make any
comments regarding PILOTS or 45 Partners Unban Renewal, LLC, 19-43 and 45
South Livingston Avenue (Bottle King project)  The minutes for the
Reorganization Meeting on January 1, 2024 can be found at the following
link:  [2]https://livingstonnj.portal.civicclerk.c...

Did the owners of the property who received the PILOT make any
contribution, promises, etc. in exchange for a PILOT?

As stated in response to the earlier portion of your OPRA request, the
Open Public Records Act (“OPRA”) deals with requests for readily
identifiable public records. See, MAG Entertainment, LLC v. Division of
Alcoholic Beverage Control, 375 N.J. Super. 534, (App. Div. 2005) (the
municipality does not have to provide the information sought under OPRA if
it fails to identify any specificity or particularity the governmental
records sought and seeks general information to be analyzed, collated and
compiled by the responding government entity which is not encompassed by
OPRA.)

While OPRA provides an alternative means of access to government documents
not otherwise exempted from its reach, it is not intended as a research
tool litigants may use to force government officials to identify and
siphon useful information. Rather, OPRA simply operates to make
identifiable government records "readily accessible for inspection,
copying, or examination." Id., citing N.J.S.A. 47: 1A-1.  Please identify
the specific records you are seeking within seven business days, by
November 13, 2025.

Provide copies of email correspondence between any and all agents and
representatives including attorneys of 45 Partners Unban Renewal, LLC,
19-43 and 45 South Livingston Avenue (Bottle King project) and Town
Manager Barry Lewis, Town Attorney Jarid Kantor or his firm, Councilman Al
Anthony, Councilwoman Rosauro Bagolie, Councilman Ketan Bhuptani,
Councilman Shawn Klein, Councilman Ed Meinhardt, Councilman Michael Viera
between January 1, 2024 and May 1, 2025.

The Township’s IT department has conducted a search of emails based on
your criteria provided in this request. There are approximately 160
emails, many with large attachments, that have been deemed responsive that
need to be collated and reviewed for redactions. This office requires an
extension of time to respond to this portion of the request. You may
expect a response no later than Friday, December 5, 2025. 

Sincerely,

Township Clerk's Office

Livingston Township Hall

357 S. Livingston Avenue

Livingston, NJ 07039

P 973-992-5000 ext #5403  | F 973-535-7967

[3]www.livingstonnj.org

Sign Up for [4]Livingston Alerts & Notifications

Official email of the Township of Livingston NJ
For Official Business Use Only

References

Visible links
1. https://livingstonnj.portal.civicclerk.c...
2. https://livingstonnj.portal.civicclerk.c...
3. http://www.livingstonnj.org/
4. https://www.livingstonnj.org/1348/Living...

Good afternoon,

This is in response to your request for public records under OPRA and the
Common Law. Please see responses in bold type to the following:

Based on comments made at the town council meetings, negotiations took
place between Councilman Al Anthony and Councilman Ketan Bhuptani
regarding the approval of a Payment in Lieu of Taxes (PILOT) deal with 45
South Livingston Avenue -Bottle King Property. Was Councilman Ed
Meinhardt, Councilman Shawn Klein, Councilman Michael Vieira, Town Manager
Barry Lewis, Attorney Jarrid Kantor in attendance at any of these
negotiation meetings that took place with Councilman Al Anthony and
Councilman Ketan Bhuptani and the owner/developer of 45 South Livingston
Avenue -Bottle King Property?

Did Councilman Al Anthony and Councilman Ketan Bhuptani purposely change
their prior objections to the Payment in Lieu of Taxes for the Bottle King
Project based on their negotiations. What were the dates of the
negotiations? Where did the negotiation meetings take place?

What was offered by the developer and added to the PILOT agreement for
Councilman Al Anthony and Councilman Ketan Bhuptani to vote yes for the
PILOT agreement?

Did Councilman Al Anthony and Councilman Ketan Bhuptani withhold or offer
to cast a vote in favor of the PILOT in exchange for a donation or payment
to the town by the owner/developer of 45 South Livingston Avenue -Bottle
King Property that was not part of the original PILOT discussions.  How
much was the donation or payment?

If a payment or donation by the owner/developer was promised, this
constitutes bribery, official misconduct, and extortion under color of
official right.  Has Councilman Al Anthony and Ketan Bhuptani been charged
with official misconduct under the following statutes and including:

(1) N.J.S.A. 2C:27-2 (Bribery in Official and Political Matters) – It’s
illegal for a public official to solicit, accept, or agree to accept any
benefit as consideration for a decision, vote, or exercise of discretion. 
Did Councilman Al Anthony and Councilman Ketan Bhuptani “sell” their vote?

The statute provides: “A person is guilty of bribery if he directly or
indirectly offers, confers or agrees to confer upon another, or solicits,
accepts or agrees to accept from another: (a) any benefit as consideration
for a decision, opinion, recommendation, vote or exercise of discretion of
a public servant, party official or voter…”
The statute makes clear that the “benefit” can be the motive for the
official act (including a vote) — so if someone offers or accepts a
donation in exchange for a vote, that may meet the “benefit as
consideration for … vote” language.

(2) N.J.S.A. 2C:30-2 (Official Misconduct) – Covers public officers who
commit acts relating to their office with the purpose of benefiting
themselves or another unlawfully.
This statute states: “A public servant is guilty of official misconduct
when, with purpose to obtain a benefit for himself or another or township
or to injure or to deprive another of a benefit: (a)  commits an act
relating to his office but constituting an unauthorized exercise of his
official functions, knowing that such act is unauthorized or he is
committing such act in an unauthorized manner; or (b)  knowingly refrains
from performing a duty which is imposed upon him by law or is clearly
inherent in the nature of his office.”

The statute covers situations where a public official uses the office for
benefit (for self or another). It also covers omission (e.g., withholding
a vote when he has a duty to vote impartially) if done with intent to
benefit someone or someplace.  Did Councilman Anthony and Councilman
Bhuptani withhold their vote on a PILOT until an acceptable donation was
offered?

Official misconduct under this law can be a second-degree felony if the
benefit obtained (or sought) is more than a certain threshold.

(3) Federal law (18 U.S.C. § 201 or § 666) – Federal bribery and
corruption statutes

(4) Quid Pro Quo (a vote in return for money or a donation) can still make
it bribery — because the official is trading their official action for
something of value, regardless of where the money ends up.

If a councilman says, “I’ll hold my vote until the builder agrees to
donate to the town,” that’s not a negotiation — that’s an abuse of office
and could expose the official to criminal prosecution and removal from
office.  Did Councilman Al Anthony and Councilman Ketan Bhuptani withhold
their vote until a donation was secured?

Were any other councilmen or town officials part of these negotiations?

In response to all items above, the Open Public Records Act (“OPRA”) deals
with requests for readily identifiable public records. See, MAG
Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.
Super. 534, (App. Div. 2005) (the municipality does not have to provide
the information sought under OPRA if it fails to identify any specificity
or particularity the governmental records sought and seeks general
information to be analyzed, collated and compiled by the responding
government entity which is not encompassed by OPRA.)

While OPRA provides an alternative means of access to government documents
not otherwise exempted from its reach, it is not intended as a research
tool litigants may use to force government officials to identify and
siphon useful information. Rather, OPRA simply operates to make
identifiable government records "readily accessible for inspection,
copying, or examination." Id., citing N.J.S.A. 47: 1A-1. Please identify
specific records you are seeking within seven business days, by Friday,
December 5, 2025.

Provide all correspondence regarding all negotiations with 45 South
Livingston Avenue -Bottle King Property between Councilman Al Anthony,
Councilman Ketan Bhuptani, Councilman Edward Meinhardt, Councilman Michael
Vieira, Councilman Shawn Klein, Town Manager Barry Lewis, Town Attorney
Jarrid Kantor and anyone in his law firm.  Correspondence includes emails
(including on personal email accounts), written notes, text messages (on
town assigned and personal devices) from January 1, 2024 to May 15, 2025.

The Township’s IT department has conducted a search of emails based on
your previous OPRA and Common Law request filed on October 23, 2025. This
office required an extension of time to respond to this portion of the
request. There are approximately 150 emails, many with attachments, that
are deemed responsive that are being collated, reviewed for redactions,
and recorded on a Vaughn Index. There was no other responsive
correspondence received. A further search was conducted in order to cover
the additional timeframe of May 2, 2025 through May 15, 2025 and no
additional records were found. You may expect a response no later than
Friday, December 5, 2025.

Sincerely,

Township Clerk's Office

Livingston Township Hall

357 S. Livingston Avenue

Livingston, NJ 07039

P 973-992-5000 ext #5403  | F 973-535-7967

[1]www.livingstonnj.org

Sign Up for [2]Livingston Alerts & Notifications

Official email of the Township of Livingston NJ
For Official Business Use Only

References

Visible links
1. http://www.livingstonnj.org/
2. https://www.livingstonnj.org/1348/Living...

Good afternoon,
Please see attached on behalf of Jarrid H. Kantor.
Thank you,

ANDREA SUAREZ ASSOCIATE  
Antonelli Kantor Rivera PC

Direct: 908.378.1120
Main: 908.623.3676

  Cell: 908.591.2172
Fax: 908.866.0336
[1][email address]
[2]https://akrlaw.com/
354 Eisenhower Pkwy, Suite 1000,

Livingston, NJ 07039

This email and any accompanying attachments are confidential. The
information is intended solely for the use of the individual to whom it is
addressed. Any review, disclosure, copying, distribution or use of this
email communication by others is strictly prohibited. If you are not the
intended recipient, please notify us immediately by returning this message
to the sender and delete all copies. Thank you for your cooperation.

References

Visible links
1. mailto:[email address]
2. https://akrlaw.com/

Good afternoon,
This is in further response to your request for public records under OPRA
and the Common Law. Please see responses in bold type to the following
portions of your requests which this office had required an extension of
time to response:
Request 25-0847 received on 10/23/25 by Requestor
Email [1][OPRA #82726 email]
"I am requesting the following information between January 1, 2024 and May
1, 2025
Provide copies of email correspondence between any and all agents and
representatives including attorneys of 45 Partners Unban Renewal, LLC,
19-43 and 45 South Livingston Avenue (Bottle King project) and Town
Manager Barry Lewis, Town Attorney Jarrid Kantor or his firm, Councilman
Al Anthony, Councilwoman Rosauro Bagolie, Councilman Ketan Bhuptani,
Councilman Shawn Klein, Councilman Ed Meinhardt, Councilman Michael Viera
between January 1, 2024 and May 1, 2025".
Request 25-0911 received on 11/13/2025 by Requestor
Email [2][email address]
"Provide all correspondence regarding all negotiations with 45 South
Livingston Avenue -Bottle King Property between Councilman Al Anthony,
Councilman Ketan Bhuptani, Councilman Edward Meinhardt, Councilman Michael
Vieira, Councilman Shawn Klein, Town Manager Barry Lewis, Town Attorney
Jarrid Kantor and anyone in his law firm.  Correspondence includes emails
(including on personal email accounts), written notes, text messages (on
town assigned and personal devices) from January 1, 2024 to May 15, 2025".
Please find two responsive records, "Councilmembers Emails_Reduced
Size_Bates Stamped_Redacted" and "Lewis Emails_Reduced Size_Bates
Stamped_Redacted" in the following google drive links. Note that the
Councilmembers Emails include records from Anthony, Bhuptani, Meinhardt
and Vieira. There were no responsive records for Councilwoman Rosauro
Bagolie and Councilman Shawn Klein.
Google drive links:
[3]https://drive.google.com/file/d/1Q5i7xMm...,
[4]https://drive.google.com/file/d/1nxPtzcS...
Please see the attached Vaughn Indexes.  In the file "Vaughn Index
Councilmembers Emails_Redacted", redactions are made to personal email
addresses pursuant to N.J.S.A. 47:1A-1.1, personal identifying
information. 
Regular and Conference Draft Minutes found in attachments were redacted
pursuant to N.J.S.A. 47:1A-1.1, Advisory, Consultative or Deliberative
Material. The final versions of these Regular and Conference Minutes may
be obtained as follows:
1. Follow the link below to the Agendas & Minutes section of the
Township's website to access records in pdf format:
[5]https://livingstonnj.org/129/Agendas-Min...
2. Under the calendar on the left hand-side of the webpage, there are two
boxes (From Date and To Date). In the From/To Date Boxes, enter dates
requested.
3. To the right of the calendar, there is an Event Categories box. From
the drop down menu, check off Council Meeting.
4. From here, all meetings are listed by date and for each meeting there
is a dark green down arrow on the far right of each meeting's box that can
be clicked on to view and download available files, specifically the
corresponding minutes.

Sincerely,
-

Township Clerk's Office

Livingston Township Hall

357 S. Livingston Avenue

Livingston, NJ 07039

P 973-992-5000 ext #5400  | F 973-535-7967

[6]www.livingstonnj.org

Sign Up for [7]Livingston Alerts & Notifications

Official email of the Township of Livingston NJ
For Official Business Use Only

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://drive.google.com/file/d/1Q5i7xMm...
4. https://drive.google.com/file/d/1nxPtzcS...
5. https://livingstonnj.org/129/Agendas-Min...
6. http://www.livingstonnj.org/
7. https://www.livingstonnj.org/1348/Living...

Good afternoon,
This is in further response to your request for public records under OPRA
and the Common Law. Please see responses in bold type to the following
portions of your requests which this office had required an extension of
time to response:
Request 25-0847 received on 10/23/25 by Requestor
Email [1][OPRA #82726 email]
"I am requesting the following information between January 1, 2024 and May
1, 2025
Provide copies of email correspondence between any and all agents and
representatives including attorneys of 45 Partners Unban Renewal, LLC,
19-43 and 45 South Livingston Avenue (Bottle King project) and Town
Manager Barry Lewis, Town Attorney Jarrid Kantor or his firm, Councilman
Al Anthony, Councilwoman Rosauro Bagolie, Councilman Ketan Bhuptani,
Councilman Shawn Klein, Councilman Ed Meinhardt, Councilman Michael Viera
between January 1, 2024 and May 1, 2025".
Request 25-0911 received on 11/13/2025 by Requestor
Email [2][email address]
"Provide all correspondence regarding all negotiations with 45 South
Livingston Avenue -Bottle King Property between Councilman Al Anthony,
Councilman Ketan Bhuptani, Councilman Edward Meinhardt, Councilman Michael
Vieira, Councilman Shawn Klein, Town Manager Barry Lewis, Town Attorney
Jarrid Kantor and anyone in his law firm.  Correspondence includes emails
(including on personal email accounts), written notes, text messages (on
town assigned and personal devices) from January 1, 2024 to May 15, 2025".
Please find two responsive records, "Councilmembers Emails_Reduced
Size_Bates Stamped_Redacted" and "Lewis Emails_Reduced Size_Bates
Stamped_Redacted" in the following google drive links. Note that the
Councilmembers Emails include records from Anthony, Bhuptani, Meinhardt
and Vieira. There were no responsive records for Councilwoman Rosauro
Bagolie and Councilman Shawn Klein.
Google drive links:
[3]https://drive.google.com/file/d/1Q5i7xMm...,
[4]https://drive.google.com/file/d/1nxPtzcS...
Please see the attached Vaughn Indexes.  In the file "Vaughn Index
Councilmembers Emails_Redacted", redactions are made to personal email
addresses pursuant to N.J.S.A. 47:1A-1.1, personal identifying
information. 
Regular and Conference Draft Minutes found in attachments were redacted
pursuant to N.J.S.A. 47:1A-1.1, Advisory, Consultative or Deliberative
Material. The final versions of these Regular and Conference Minutes may
be obtained as follows:
1. Follow the link below to the Agendas & Minutes section of the
Township's website to access records in pdf format:
[5]https://livingstonnj.org/129/Agendas-Min...
2. Under the calendar on the left hand-side of the webpage, there are two
boxes (From Date and To Date). In the From/To Date Boxes, enter dates
requested.
3. To the right of the calendar, there is an Event Categories box. From
the drop down menu, check off Council Meeting.
4. From here, all meetings are listed by date and for each meeting there
is a dark green down arrow on the far right of each meeting's box that can
be clicked on to view and download available files, specifically the
corresponding minutes.

Sincerely,
-

Township Clerk's Office

Livingston Township Hall

357 S. Livingston Avenue

Livingston, NJ 07039

P 973-992-5000 ext #5400  | F 973-535-7967

[6]www.livingstonnj.org

Sign Up for [7]Livingston Alerts & Notifications

Official email of the Township of Livingston NJ
For Official Business Use Only

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://drive.google.com/file/d/1Q5i7xMm...
4. https://drive.google.com/file/d/1nxPtzcS...
5. https://livingstonnj.org/129/Agendas-Min...
6. http://www.livingstonnj.org/
7. https://www.livingstonnj.org/1348/Living...

Good afternoon,
We are having issues sharing the two large responsive files via google
drive to the [1]opramachine.com emails. The links provided in the previous
email may not work. Instead, we are provided another link below that will
only be available through Wednesday, December 23, 2025, noon as per our IT
team's recommendation.
Google drive link:
[2]https://drive.google.com/file/d/1Q5i7xMm...,
[3]https://drive.google.com/file/d/1nxPtzcS...
If you are not able to access these files within that timeframe, please
contact this office to discuss.
Sincerely,

Township Clerk's Office

Livingston Township Hall

357 S. Livingston Avenue

Livingston, NJ 07039

P 973-992-5000 ext #5400  | F 973-535-7967

[4]www.livingstonnj.org

Sign Up for [5]Livingston Alerts & Notifications

show quoted sections

Good afternoon,
We are having issues sharing the two large responsive files via google
drive to the [1]opramachine.com emails. The links provided in the previous
email may not work. Instead, we are provided another link below that will
only be available through Wednesday, December 23, 2025, noon as per our IT
team's recommendation.
Google drive link:
[2]https://drive.google.com/file/d/1Q5i7xMm...,
[3]https://drive.google.com/file/d/1nxPtzcS...
If you are not able to access these files within that timeframe, please
contact this office to discuss.
Sincerely,

Township Clerk's Office

Livingston Township Hall

357 S. Livingston Avenue

Livingston, NJ 07039

P 973-992-5000 ext #5400  | F 973-535-7967

[4]www.livingstonnj.org

Sign Up for [5]Livingston Alerts & Notifications

show quoted sections