Dear Brick 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-5(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: Copies of identifiable government records concerning bamboo enforcement matters involving the property located at 221 Cherry Quay Road, Brick, New Jersey, and/or records maintained under the name of BURDGE, JR WILLIAM G & MARY E, including records related to the bamboo violation notice issued on or about April 28, 2026.
Please provide records created, received, maintained, or modified from April 28, 2026 through the present, including:
1. All inspection reports, reinspection reports, field notes, compliance evaluations, enforcement status reports, and property inspection records relating to the bamboo violation and/or compliance with Chapter 233.
2. All photographs, video recordings, or other visual documentation taken by Township personnel relating to the bamboo condition, enforcement activity, or compliance status at the property.
3. All notices of violation, warning notices, summonses, extension notices, court filings, enforcement actions, or related compliance correspondence issued after April 28, 2026.
4. All records reflecting determinations of compliance or noncompliance with the Township bamboo ordinance under Chapter 233.
5. All records reflecting whether the bamboo was “removed,” “cut,” “abated,” “contained,” remediated, or otherwise addressed, including any records reflecting the basis for any closure or compliance determination.
6. All contractor proposals, third-party reports, removal estimates, remediation plans, arborist evaluations, landscaping evaluations, bamboo identification evaluations, or related documents submitted to or received by the Township concerning the bamboo condition at the property.
7. All emails, memoranda, internal messages, government-related text messages maintained in the ordinary course of business, correspondence, or communications between or involving code enforcement personnel, zoning officials, the Township Administrator/Business Administrator, Township attorneys, mayoral staff, and/or the property owner concerning:
a. compliance status;
b. reinspection scheduling or failure to reinspect;
c. enforcement decisions;
d. extensions of time;
e. remediation progress;
f. the basis, methodology, observations, qualifications, training, certifications, documentation, or other information relied upon to identify the bamboo as Fargesia scabrida;
g. anticipated completion or resolution dates; and/or
h. decisions to close, defer, suspend, or continue enforcement activity.
8. All records reflecting scheduled, attempted, canceled, postponed, or completed reinspection activity occurring on or after May 28, 2026, including inspector scheduling logs, calendar entries, routing sheets, inspection queues, or status tracking records.
9. All records identifying the Township personnel responsible for determining compliance or noncompliance on or after the May 28, 2026 compliance deadline.
This request includes, but is not limited to, records maintained by or involving Darren Terrizzi, the Code Enforcement Department, Zoning Office, Township Administrator/Business Administrator, Township Attorney, and Mayor’s Office personnel.

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,

Steven Miller

Dear Jessica Larney,
Dear Records Custodian:

Thank you for your response to my recent OPRA request and for providing the records produced to date.

After carefully reviewing the production, I respectfully request clarification and supplementation regarding several portions of my request that do not appear to have been fully addressed.

**1. Item 7(f) – Basis for Identification of Bamboo**

My request sought records concerning the basis, methodology, observations, qualifications, training, certifications, documentation, or other information relied upon to identify the bamboo at 221 Cherry Quay Road as *Fargesia scabrida*.

The records produced include communications relating to 93 E. Granada Drive, where the bamboo species appears to have been established through documentation specific to that property. However, I did not locate any records reflecting whether Brick Township made a determination regarding the species or classification of the bamboo located at 221 Cherry Quay Road, nor did I locate any records reflecting the basis, methodology, observations, qualifications, training, certifications, documentation, photographs, reference materials, expert consultations, or other information relied upon in reaching such a determination.

In particular, I did not locate any records explaining why information obtained regarding bamboo located at 93 E. Granada Drive was applied to the bamboo located at 221 Cherry Quay Road, or any records reflecting that the bamboo at 221 Cherry Quay Road was independently identified as the same species.

Please produce any records reflecting any determination, conclusion, finding, classification, or identification of the bamboo located at 221 Cherry Quay Road, including any records identifying it as *Fargesia scabrida*, clumping bamboo, running bamboo, spreading bamboo, invasive bamboo, or any other classification, together with any records reflecting the factual basis for that determination.

If no such records exist, please confirm that no responsive records exist.

**2. Extension of Compliance Period**

The records produced indicate that the property owner of 221 Cherry Quay Road, Mary Burdge, requested an extension to comply, but do not identify whether the extension was granted, denied, or otherwise acted upon. I also did not locate any records reflecting the duration of any extension, any revised compliance deadline, or the terms and conditions of any extension.

Please produce any records reflecting the approval, denial, duration, revised compliance date, or conditions of any extension granted. If no such records exist, please confirm that no responsive records exist.

**3. Basis for Compliance Determination**

While the production contains photographs and status notes, I did not locate any inspection report, compliance evaluation, field report, memorandum, or other record explaining the factual basis for determining compliance, noncompliance, continued enforcement, deferred enforcement, suspended enforcement, or closure of the matter.

Please produce any records reflecting the basis for those determinations, including inspection reports, field notes, compliance evaluations, internal memoranda, recommendations, or other supporting documentation. If no such records exist, please confirm that no responsive records exist.

**4. Involvement of George Futterknecht**

The records produced contain an entry dated April 20, 2026 stating:

*"Spoke with George Futterknecht and he stated to see if there is any bamboo sprout on the neighbor's property."*

I did not locate any additional records explaining Mr. Futterknecht's involvement in this matter.

Please produce any communications, memoranda, notes, recommendations, observations, opinions, inspection records, or other records reflecting:

* why Mr. Futterknecht was consulted;
* whether he participated in the investigation or enforcement process;
* whether any observations or recommendations were provided by him;
* whether Township personnel acted upon his recommendation to determine whether bamboo sprouts existed beyond the property boundaries;
* the results of any investigation, inspection, or observation conducted in response to that recommendation; and
* whether his input was considered or relied upon in any enforcement, compliance, or closure determination.

If no additional responsive records exist, please confirm that fact.

If the Township has produced all responsive records concerning these subjects and no additional responsive records exist, I respectfully request written confirmation to that effect.

Thank you for your time and assistance.

Sincerely,

Steven Miller

Yours sincerely,

Steven Miller

Dear Jessica Larney,

I am following up regarding my June 8, 2026 correspondence concerning the Township's response to my OPRA request for bamboo enforcement records relating to 221 Cherry Quay Road.

I have not yet received a response to that correspondence and would appreciate an update regarding its status.

Thank you for your assistance.

Yours sincerely,

Steven Miller

Dear Jillian,

Thank you for your response.

I did receive the records that were produced on June 8, 2026, and I have reviewed them.

My June 8, 2026 correspondence was not a request to resend those records. Rather, it was a request for clarification and supplementation regarding several portions of the production that did not include records responsive to specific items contained in my original OPRA request.

For ease of reference, I have copied my June 8 correspondence below in its entirety.

Before the Township provides its forthcoming response, I respectfully request that this correspondence be reviewed by the appropriate records custodian and any Township department personnel responsible for maintaining or producing the requested records, including Code Enforcement if applicable, so that the response fully addresses each item identified below.

---

Dear Records Custodian:

Thank you for your response to my recent OPRA request and for providing the records produced to date.

After carefully reviewing the production, I respectfully request clarification and supplementation regarding several portions of my request that were not fully addressed.

1. Item 7(f) – Basis for Identification of Bamboo

My request sought records concerning the basis, methodology, observations, qualifications, training, certifications, documentation, or other information relied upon to identify the bamboo at 221 Cherry Quay Road as Fargesia scabrida.

The records produced include communications relating to 93 E. Granada Drive, where the bamboo species appears to have been established through documentation specific to that property. However, the production did not include any records reflecting whether Brick Township made a determination regarding the species or classification of the bamboo located at 221 Cherry Quay Road, nor did it include any records reflecting the basis, methodology, observations, qualifications, training, certifications, documentation, photographs, reference materials, expert consultations, or other information relied upon in reaching such a determination.

In particular, the production did not include any records explaining why information obtained regarding bamboo located at 93 E. Granada Drive was applied to the bamboo located at 221 Cherry Quay Road, or any records reflecting that the bamboo at 221 Cherry Quay Road was independently identified as the same species.

Please produce any records reflecting any determination, conclusion, finding, classification, or identification of the bamboo located at 221 Cherry Quay Road, including any records identifying it as Fargesia scabrida, clumping bamboo, running bamboo, spreading bamboo, invasive bamboo, or any other classification, together with any records reflecting the factual basis for that determination.

If no such records exist, please confirm that no responsive records exist.

2. Extension of Compliance Period

The records produced indicate that the property owner of 221 Cherry Quay Road, Mary Burdge, requested an extension to comply, but do not identify whether the extension was granted, denied, or otherwise acted upon. The production also did not include records reflecting the duration of any extension, any revised compliance deadline, or the terms and conditions of any extension.

Please produce any records reflecting the approval, denial, duration, revised compliance date, or conditions of any extension granted. If no such records exist, please confirm that no responsive records exist.

3. Basis for Compliance Determination

While the production contains photographs and status notes, it did not include any inspection report, compliance evaluation, field report, memorandum, or other record explaining the factual basis for determining compliance, noncompliance, continued enforcement, deferred enforcement, suspended enforcement, or closure of the matter.

Please produce any records reflecting the basis for those determinations, including inspection reports, field notes, compliance evaluations, internal memoranda, recommendations, or other supporting documentation. If no such records exist, please confirm that no responsive records exist.

4. Involvement of George Futterknecht

The records produced contain an entry dated April 20, 2026 stating:

"Spoke with George Futterknecht and he stated to see if there is any bamboo sprout on the neighbor's property."

The production did not include any additional records explaining Mr. Futterknecht's involvement in this matter.

Please produce any communications, memoranda, notes, recommendations, observations, opinions, inspection records, or other records reflecting:

• why Mr. Futterknecht was consulted;
• whether he participated in the investigation or enforcement process;
• whether any observations or recommendations were provided by him;
• whether Township personnel acted upon his recommendation to determine whether bamboo sprouts existed beyond the property boundaries;
• the results of any investigation, inspection, or observation conducted in response to that recommendation; and
• whether his input was considered or relied upon in any enforcement, compliance, or closure determination.

If no additional responsive records exist, please confirm that fact.

If the Township has produced all responsive records concerning these subjects and no additional responsive records exist, I respectfully request written confirmation to that effect.

Thank you for your time and assistance.

Sincerely,

Steven Miller

---

Would you please confirm whether my June 8 follow-up correspondence was reviewed and whether the Township intends to provide a substantive response, or alternatively confirm that no additional responsive records exist concerning those subjects?

Thank you for your assistance.

Sincerely,

Steven Miller