Fees and costs for usage of Township's property
Dear Clark Township,
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.
The below listed requested records are in all in reference of the usage of the Brewer Recreation Facility, the adjoining lands (parking lots, tennis courts and basketball courts) and any other township owned property located at 430 Westfield Ave Clark NJ 0706, during the dates of:
- 10/10/19, 10/11/2019, 10/12/2019 and 10/13/2019; and
- 10/7/21, 10/8/2021, 10/9/2021 and 10/10/2021
Records requested:
1- Record(s) or a list of fees charged and received by the Township, as mentioned in Section 240-6 "Fees" of the Township's Code Book of Township Ordinances.
2- If the above mentioned fees were waived, please provide a record of which Township Official or Employee superseded Section 240-6 "Fees", and 240-7 "Exemption from fees" and reason if any used, as some of the dates in question are Saturdays and Sundays;
3- As per section 240-6 A. of the Code Book of Township Resolutions, "Such fee shall be in an amount calculated to offset the cost paid by the Township for safety, public works, insurance charges and the like." If the Township cannot provide the records requested in line item 1, please provide record(s) or list of costs incurred by the Township of Clark for the following services:
- Salaries paid to employees of the Township's Police Department for security and crossing guard duties;
- Salaries paid to employees of the Department of Public Works for cleaning and maintenance of the Township property;
- Cost(s) incurred by the Township for the disposal of garbage/refuse accumulated;
4- As per section 240-8 F. of the Code Book of Township Resolutions, "Disposition of fees. All fees collected shall be deposited in the general fund of the Township, and costs shall be transferred to respective line-item accounts." If the Township cannot provide the records requested in line item #1, please provide records of invoice(s) prepared and fees received by the Township from the user/organizer/applicant/organization/person-in-charge for the reimbursement for any of above mentioned costs listed line item #3.
Yours faithfully,
Public Records
Your request has been received and will be processed in accordance with the Open Public Records Act.
Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669
To: Public Records <[OPRA #31818 email]>
Public Records <[email address]>
From: Edith Merkel, Township Clerk, Township of Clark
Re: OPRA - Use of municipal owned property and OPRA request - Fees and costs for usage of Township's property (original request and two follow up requests reprinted below)
Date: May 16, 2022
The Township of Clark received your Open Public Records Act (OPRA) request on May 12, 2022. The official Records Custodian, Edith Merkel, received your OPRA request on May 12, 2022. As such, the seven (7) business day deadline to respond to your request is May 23, 2022. This response to your request is being provided to you on the 2nd business day after the custodian's receipt of said request.
The response from the Recreation Director is as follows and attached:
Dear Clerk's Dept.,
Upon review of the records provided by your office in reference to this request, I would like to point out that some of the records requested were not provided nor did your office advise if the records do not exist, cannot or will not be provided. In addition, I seek clarification to some of the records you provided. In order to assist you, I copied part of my original request below and made "NOTES:" below each.
2- If the above mentioned fees were waived, please provide a record of which Township Official or Employee superseded Section 240-6 "Fees", and 240-7 "Exemption from fees" and reason if any used, as some of the dates in question are Saturdays and Sundays;
NOTE: The township's Director of Recreation stated Mr. John Laezza gave verbal authorization in 2007. Since to Ms. Leazza was no longer the Business Administrator when the Unico Feast occurred in 2021, please provide with records of which Township Official authorized the fee waiver for those dates in 2021.
4- As per section 240-8 F. of the Code Book of Township Resolutions, "Disposition of fees. All fees collected shall be deposited in the general fund of the Township, and costs shall be transferred to respective line-item accounts." If the Township cannot provide the records requested in line item #1, please provide records of invoice(s) prepared and fees received by the Township from the user/organizer/applicant/organization/person-in-charge for the reimbursement for any of above mentioned costs listed line item #3.
NOTE: Your office provided two (2) lists detailing the Clark Police Department's salary costs for 2021 and 2019. You also provided a copy of (1) one uncancelled/undeposited check from Unico for the services provided in 2021 and none for 2019, which does not satisfy my request for ",,,records of fees received...". According to the Township's Ordinance 240-8F "Disposition of fees. All fees collected shall be deposited in the general fund of the Township, and costs shall be transferred to respective line-item accounts", therefore please provide records (ie: receipt, financial ledger, account receivable, bank deposit record, etc) from the Township's Finance Department showing 1)the receipt and 2)deposit of said payments in 2019 and 2021 into the Township's general fund account.
Yours sincerely,
Public Records
Your request has been received and will be processed in accordance with the Open Public Records Act.
Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669
Your request has been forwarded to Robert Varady, Esq. who has been retained by the Township of Clark with regard to OPRA requests. You may correspond directly with Mr. Varady at <[email address]>
Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669
Dear Clark Township,
Please pass this on to the person who conducts Open Public Records Act reviews.
I am writing to request an internal review of Clark Township's handling of my OPRA request 'Fees and costs for usage of Township's property'.
As of this writing, we have not received a response to the request for records dated 5/12/22. Your office supplied some of the requested records and did not give any explanation for the ones that were not supplied.
Based on the above timeline, your response is delayed. We request that you look into this matter and advise us accordingly of what will be done to correct this.
A full history of my OPRA request and all correspondence is available on the Internet at this address:
https://opramachine.com/request/fees_and...
Yours faithfully,
Public Records
Dear Public Records,
Please see the attached in connection with the above referenced matter.
Very truly yours,
Miriam Stone
Paralegal
La Corte, Bundy, Varady & Kinsella
989 Bonnel Court
Union, NJ 07083
Tel: (908) 810-0500
Fax: (908) 810-0513
[1][email address]
References
Visible links
1. mailto:[email address]
Dear Miriam Stone,
Please advise Mr Varady that the response given in his letter dated 5/25/22 is not related in any way to the request we made. His response mentioned permits and certificates of insurance, which is not requested in this request.
You attached the same letter to two different requests for records. Please advise when we can expect the correct records to be sent to us or an answer about its existence.
Yours sincerely,
Public Records
Dear Public Records,
Please see the attached correspondence in connection with the above
referenced matter.
Very truly yours,
Miriam Stone
Paralegal
La Corte, Bundy, Varady & Kinsella
989 Bonnel Court
Union, NJ 07083
Tel: (908) 810-0500
Fax: (908) 810-0513
[1][email address]
References
Visible links
1. mailto:[email address]