97 Apple Street & 106 Apple Street
Dear Tinton Falls Borough,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
1- All rent rolls submitted to the municipality in connection with the commercial property located at 106 Apple Street, Tinton Falls from December 1, 2016 through present;
2- All rent rolls submitted to the municipality in connection with the commercial property located at 87 Apple Street, Tinton Falls from December 1, 2016 through present.
Yours faithfully,
Local Resident
Dear Local Resident:
Please clarify what "rent rolls" are and what document that would represent. We will put your request on hold until you have clarified your request.
Regards, Doreen
Doreen D'Annunzio
Deputy Borough Clerk
Deputy Registrar
Borough Clerk's Office
Borough of Tinton Falls
556 Tinton Avenue
Tinton Falls, NJ 07724
e. [Tinton Falls Borough request email]
p. 732-542-3400 Ext. 260
w. http://www.tintonfalls.com
Dear Doreen,
To clarify, this request seeks the income and expense data submitted to the municipality by the owners of the properties identified in the request, including but not limited to rent rolls. These documents are often used by the municipality in determining the assessed value of commercial properties.
Yours sincerely,
Anonymous Resident
Dear Anonymous:
The Borough of Tinton Falls official Records Custodian received your Open
Public Records Act request 2021-140 on May 28, 2021. As such the seven
business day deadline to respond to your request is June 9, 2021. This
response to your request is being provided to you on the 5th business day
after the custodian’s receipt of said request.
Your request sought access to the following copies of all rent rolls
submitted to the municipality in connnection with the commercial property
located at above listed addresses from December 1, 2016 through present.
These records, if any, will be transmitted via email so there is no cost
associated with this request.
The requested records have been denied as is required by N.J.S.A.
47:1A-1.1-8 – Trade secrets and proprietary commercial or financial
information obtained from any source. Includes data processing software
obtained by a public agency under licensing agreement which prohibits its
disclosure.
To complete this request, please acknowledge the receipt of this
information by sending back a reply to this email. Should you require
anything further, please do not hesitate to contact our office at the
number listed below or email: [1][Tinton Falls Borough request email]. Redacted
information by OPRA Exemptions N.J.S.A. 47:1A-1.1/16c.
If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Borough of Tinton Falls to deny
access. At your option, you may either institute a proceeding in the
Superior Court of New Jersey or file a complaint with the Government
Records Council (GRC) by completing the Denial of Access Complaint Form.
You may contact the GRC by toll-free telephone at 866-850-0511, by mail at
P.O. Box 819, Trenton, NJ, 08625, by e-mail at [2][email address], or
at their web site at [3]www.state.nj.us/grc. The GRC can also answer other
questions about the law. All questions regarding complaints filed in
Superior Court should be directed to the Court Clerk in your County.
Melissia A. Hesler – Records Custodian
Doreen D’Annunzio
Deputy Borough Clerk
Deputy Registrar
Borough Clerk’s Office
Borough of Tinton Falls
556 Tinton Avenue
Tinton Falls, NJ 07724
e. [4][Tinton Falls Borough request email]
p. 732-542-3400 Ext. 260
f. 732-460-9115
w. [5]http://www.tintonfalls.com
References
Visible links
1. mailto:[Tinton Falls Borough request email]
2. mailto:[email address]
3. http://www.state.nj.us/grc
4. mailto:[Tinton Falls Borough request email]
5. http://www.tintonfalls.com/
Dear Tinton Falls Borough,
Please pass this on to the person who conducts Open Public Records Act reviews.
I am writing to request an internal review of Tinton Falls Borough's handling of my OPRA request '97 Apple Street & 106 Apple Street'. Please reconsider the denial of this request, which seeks documents that are clearly subject to OPRA.
Commercial property owners are required to file an annual statement of income and expenses at the request of the municipal tax assessor. This is a standard government form https://taxboardportal.co.monmouth.nj.us...
Nothing about the financial information contained on this form is considered “proprietary commercial or financial information” that would not be subject to OPRA since the information provided is used to calculate what the value of these properties are, which is how the taxes for these properties are calculated. The public has a right to know that the taxes for properties are calculated fairly and accurately. Also, financial statements for commercial properties in PILOT programs are government records which are routinely provided in response to OPRA requests.
If you possess these documents and still feel that part of the document should be redacted, please provide them along with a Vaughn index.
A full history of my OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/97_apple...
Yours faithfully,
Anonymous Resident
Dear Anonymous Resident:
Thank you for your request for reconsideration. The Borough has reviewed your request and denies it based on N.J.S.A. 47:1A-1.1-8, as the request seeks trade secrets and proprietary commercial or financial information that are exempt from disclosure under OPRA.
Regards, Doreen