45 South Livingston Avenue -Bottle King Property - Payment in Lieu of taxes correspondence #3
Dear Livingston Township,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
Dear Township Clerk’s Office,
Thank you for your response to my OPRA and Common Law request regarding the 45 Partners Urban Renewal, LLC (Bottle King project) PILOT agreement.
I am writing to address the various components of your response.
1. Regarding Email Correspondence and Request for Extension I accept your request for an extension until Friday, December 5, 2025, to review and redact the approximately 160 responsive emails identified by your IT department.
However, given the volume of records and the public interest in this matter, I request a rolling production of these documents. Please release batches of these emails as they are reviewed and cleared for release, rather than waiting until December 5th to release them all at once. OPRA requires access to be provided "promptly" (N.J.S.A. 47:1A-5.i).
2. Regarding Meeting Minutes/Votes (April 7, 2025 and Jan 1, 2024) Thank you for providing the links to the minutes for the April 7, 2025 Regular Meeting and the January 1, 2024 Reorganization meeting. I have accessed these documents.
3. Regarding Denials Based on MAG Entertainment (Negotiation Details and Contributions) Regarding the remainder of my request, you have denied access citing MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, arguing that my requests sought general information requiring research rather than specific government records.
While my initial request was phrased as questions to identify the relevant information, the intent was clearly to secure the actual government records that document these negotiations and terms. The public has a significant interest under both OPRA and the Common Law right of access in understanding how tax abatements are negotiated by elected officials.
To address your concern regarding specificity and to cure the perceived defect in the original request, I am clarifying the records sought below. Please note: This is not a new OPRA request; it is a clarification of the existing request in direct response to your demand that I "identify the specific records" within seven business days.
A. Documents Regarding Negotiations involving Councilmen Bhuptani and Anthony: Instead of asking questions about "how many meetings" or "who was present," I request the following specific records that contain that information:
Calendars and Schedules: All official calendar entries, meeting schedules, or appointment logs for Councilman Ketan Bhuptani and Councilman Al Anthony between January 1, 2024, and April 8, 2025, referencing meetings with representatives of 45 Partners Urban Renewal, LLC, or regarding the "Bottle King" PILOT.
Meeting Records: Any agendas, sign-in sheets, meeting notes, personal notes taken by the councilmen, or official minutes for any non-public negotiation sessions, sub-committee meetings, or "kitchen cabinet" meetings where the terms of this PILOT were discussed.
Draft Agreements: All draft versions of the Financial Agreement or Redevelopment Agreement exchanged between the Township (or its counsel) and the redeveloper, which would reflect the "terms" being negotiated.
B. Documents Regarding "Contributions or Promises": Instead of asking if promises were made, I request the specific records that would document such promises:
Side Agreements: Any Memoranda of Understanding (MOU), redevelopment agreements, community benefit agreements, or correspondence detailing any non-monetary contributions, financial commitments, public improvements, or promises made by the redeveloper to the Township outside of the standard PILOT payment structure.
Common Law Right of Access Finally, I reiterate that this request is also made under the Common Law Right of Access. Even if a document does not fit the strict definition of a government record under OPRA, or if a request is deemed too broad under OPRA standards, the common law requires a balancing test of the public's right to know versus the government's interest in confidentiality.
In a matter involving significant tax abatements and negotiations conducted by elected officials outside of public view, the common law balancing test weighs heavily in favor of transparency.
I look forward to receiving the rolling production of emails and the specific documents clarified above.
Sincerely,
Livingston United Against Corruption
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Yours faithfully,
livunitedagainstcorruption
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,
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.
══════════════════════════════════════════════════════════════════════════
From: Andrea Suarez <[email address]>
Sent: Friday, December 5, 2025 3:24 PM
To: [email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>
Cc: Yulieika Tamayo <[email address]>; Jarrid H. Kantor
<[email address]>
Subject: Livingston OPRA Requests No. 25-0847, No. 25-0911, No. 25-0961
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
[3][email address]
[4]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
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2. https://akrlaw.com/
3. mailto:[email address]
4. https://akrlaw.com/
Good afternoon,
This comes in response to your OPRA and Common Law request as follows.
Please see responses in bold text:
“Subject: Response to Township OPRA Response - PILOT / Bottle King Project
Thank you for your response to my OPRA and Common Law request regarding
the 45 Partners Urban Renewal, LLC (Bottle King project) PILOT agreement.
I am writing to address the various components of your response.
1. Regarding Email Correspondence and Request for Extension I accept your
request for an extension until Friday, December 5, 2025, to review and
redact the approximately 160 responsive emails identified by your IT
department.
However, given the volume of records and the public interest in this
matter, I request a rolling production of these documents. Please release
batches of these emails as they are reviewed and cleared for release,
rather than waiting until December 5th to release them all at once. OPRA
requires access to be provided "promptly" (N.J.S.A. 47:1A-5.i).
As stated in a letter from the Township Attorney, Jarrid Kantor, emailed
to you on December 5, 2025, “Given it is unclear whether the December 2nd
email is clarifying the questions asked by the Township on November 3,
2025, or on November 24, 2025, the Township will be treating the December
2nd email as a new OPRA request. As such, the Township is still in the
process of determining whether there are any responsive records to this
OPRA request and/or whether clarifications are necessary, as such the
Township will need an extension of time to properly respond. Please expect
a response on or before December 19, 2025. Refer to Scheeler v. N.J. Dept
of Educ., GRC Complaint No. 2014-123 (February, 2016) (validating
extension of time under N.J.S.A. 47:1A-5(g), and N.J.S.A. 47:1A-5(i))”.
The responsive emails identified by the IT department were sent on
December 19, 2025 in response to your earlier two OPRA requests, namely:
Requests:
Request 25-0847 received 10/23/25
from [1][email address]
Request 25-0911 received 11/13/2025
from [2][email address]
Google Drive Links:
[3]https://drive.google.com/file/d/1Q5i7xMm...
[4]https://drive.google.com/file/d/1nxPtzcS...
2. Regarding Meeting Minutes/Votes (April 7, 2025 and Jan 1, 2024) Thank
you for providing the links to the minutes for the April 7, 2025 Regular
Meeting and the January 1, 2024 Reorganization meeting. I have accessed
these documents. Responsive records already provided.
3. Regarding Denials Based on MAG Entertainment (Negotiation Details and
Contributions) Regarding the remainder of my request, you have denied
access citing MAG Entertainment, LLC v. Division of Alcoholic Beverage
Control, arguing that my requests sought general information requiring
research rather than specific government records.
While my initial request was phrased as questions to identify the relevant
information, the intent was clearly to secure the actual government
records that document these negotiations and terms. The public has a
significant interest under both OPRA and the Common Law right of access in
understanding how tax abatements are negotiated by elected officials.
To address your concern regarding specificity and to cure the perceived
defect in the original request, I am clarifying the records sought below.
Please note: This is not a new OPRA request; it is a clarification of the
existing request in direct response to your demand that I "identify the
specific records" within seven business days. As stated in our response to
item #1, this email is being treated as a new OPRA request.
A. Documents Regarding Negotiations involving Councilmen Bhuptani and
Anthony: Instead of asking questions about "how many meetings" or "who was
present," I request the following specific records that contain that
information:
Calendars and Schedules: All official calendar entries, meeting schedules,
or appointment logs for Councilman Ketan Bhuptani and Councilman Al
Anthony between January 1, 2024, and April 8, 2025, referencing meetings
with representatives of 45 Partners Urban Renewal, LLC, or regarding the
"Bottle King" PILOT. These records are not subject to disclosure under
Gannett New Jersey Partners, LP v. Cty. Of Middlesex, 379 N.J. Super. 205
(App. Div. 2005). The Appellate Division has held that certain records,
such as appointment books are not subject to disclosure due to privacy
interests of the people that call and/or are called by public officials.
Likewise, here, the meeting schedules, appointment logs and calendar
entries of Councilmen are being withheld pursuant to privacy interests.
See, Gannett N.J. Partners, LP, 379 N.J. Super. 205 at 217.
Meeting Records: Any agendas, sign-in sheets, meeting notes, personal
notes taken by the councilmen, or official minutes for any non-public
negotiation sessions, sub-committee meetings, or "kitchen cabinet"
meetings where the terms of this PILOT were discussed. There are no
records responsive to this request.
Draft Agreements: All draft versions of the Financial Agreement or
Redevelopment Agreement exchanged between the Township (or its counsel)
and the redeveloper, which would reflect the "terms" being negotiated.
Responsive records are exempt from disclosure under N.J.S.A. 47:1A-1.1 as
advisory, consultative, or deliberative or subject to the attorney-client
privilege.
B. Documents Regarding "Contributions or Promises": Instead of asking if
promises were made, I request the specific records that would document
such promises:
Side Agreements: Any Memoranda of Understanding (MOU), redevelopment
agreements, community benefit agreements, or correspondence detailing any
non-monetary contributions, financial commitments, public improvements, or
promises made by the redeveloper to the Township outside of the standard
PILOT payment structure. Attached are the responsive records.
Common Law Right of Access Finally, I reiterate that this request is also
made under the Common Law Right of Access. Even if a document does not fit
the strict definition of a government record under OPRA, or if a request
is deemed too broad under OPRA standards, the common law requires a
balancing test of the public's right to know versus the government's
interest in confidentiality.
In a matter involving significant tax abatements and negotiations
conducted by elected officials outside of public view, the common law
balancing test weighs heavily in favor of transparency.”
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
[5]www.livingstonnj.org
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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. http://www.livingstonnj.org/
6. 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...
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