Memorandum of Understanding (MOU) - regarding the Brisbane Property
sent 3:28 PM 8/27/2025
Roberta Lang:
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:
I am formally requesting a copy of the Memorandum of Understanding (MOU) that was discussed by Kendra Leslie regarding the Brisbane Property during the Planning Board meeting held on Monday, July 25, 2025.
It was noted during that meeting that neither the sitting members of the Planning Board including Kevin Orender, Tim Farrell and Rich Wonsola nor the Board Attorney, Greg McGuckin, had seen or read the MOU sent to the state. Shockingly, Kendra Leslie the Affordable Housing Wall Planner for also had not seen a copy.
In addition to the MOU, I would also like to request the cover page and/or the email transmission when this document was sent to the State. Specifically, I am requesting the details showing:
To whom the document was addressed
Any individuals or agencies carbon copied (CC’d)
Given the Municipal Meeting scheduled for 7:00 PM this evening, I am requesting this documentation be provided by 6:00 PM today (August 27, 2025).
Thank you for your prompt attention to this matter.
Regards,
Betsy Cross
cc: John Tobia
Kendra Leslie - Kyle and McManus Associates
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.
The Township received your Open Public Records Act (“OPRA”) request for:
• "I am formally requesting a copy of the Memorandum of Understanding (MOU) that was discussed by Kendra Leslie regarding the Brisbane Property during the Planning Board meeting held on Monday, July 25, 2025. It was noted during that meeting that neither the sitting members of the Planning Board including Kevin Orender, Tim Farrell and Rich Wonsola nor the Board Attorney, Greg McGuckin, had seen or read the MOU sent to the state. Shockingly, Kendra Leslie the Affordable Housing Wall Planner for also had not seen a copy. In addition to the MOU, I would also like to request the cover page and/or the email transmission when this document was sent to the State. Specifically, I am requesting the details showing: To whom the document was addressed; Any individuals or agencies carbon copied (CC’d)"
Your request is exempt from production pursuant to N.J.S.A. 47:1A-1.1, exemption number 2: “interagency or intra-agency advisory, consultative or deliberate material”.
Keri Pagnoni, RMC, CMR
Deputy Clerk, Deputy Registrar
2700 Allaire Road
Wall, NJ 07719
(732)449-8444 ext. 2262
Fax: (732)449-8992
Visit us at http://wallnj.com/211/Clerks-Office
10:35 August 28, 2025
Dear Keri-Lyn Pagnoni and Roberta Lang,
Obviously the emails that went with the MOU and the cover letters would NOT be exempt. Kindly send them today by 4"00 PM without any further delay.
I am shocked to hear that the Wall Planning board and the Wall Township committee approved up to 750 units to be built on the Brisbane Property based upon some mysterious DRAFT MOU that now I am told cannot be released to complete the fourth round of affordable housing for Wall. On Monday during the planning board meeting I was told by Kendra Lealie that I could have a copy. I am extremely concerned.
Yours sincerely,
Betsy Cross
Cc: John Tobia
Kendra Leslie
The Coast Star
DCA
Ms. Cross:
A valid request to conduct an email search contains the following:
• To and/or from
• Date range
• Subject
Emails with the domain of @townshipofwall.com or @wallnj.gov are maintained by the Township. Emails sent to/from outside domains will be picked up if they have copied/sent to an email address with the township domain.
In addition, key word searches are extremely sensitive. For example, abbreviations like, “MV” for Motor Vehicle would pick up all emails that reference the letters “M” and “V” in sequence; producing thousands of results. Similarly, using employee titles like “Clerk” or “Collector” would likely produce all emails sent from those departments as they are a part of their signatures
Upon receipt of this information, we will begin our search for responsive records. The more detailed the information provided will aid the search and quality of results. Pursuant to N.J.S.A. 47:1A-1 et seq the Township is provided seven business days to respond upon receipt of clarification.
Keri Pagnoni, RMC, CMR
Deputy Clerk, Deputy Registrar
2700 Allaire Road
Wall, NJ 07719
(732)449-8444 ext. 2262
Fax: (732)449-8992
Visit us at http://wallnj.com/211/Clerks-Office
Subject: Request for Public Information Regarding Brisbane Property
Dear Keri Pagnoni and Roberta Lang,
I am following up on my previous inquiry regarding the letter from Wall Township to the State of NJ, as well as your most recent attempt to not turn over public information concerning the Brisbane property. Specifically, I requested details about the author, recipient, and date of the letter, but at both the Planning Board meeting on August 25, 2025, and the Municipal meeting on August 25, 2025, and August 27, 2025, I was met with blank stares. Kendra Leslie had informed me that I would be able to obtain all relevant information (including the MOU) from the Township, but I have yet to receive any documentation. What is even more concerning is that Kendra Leslie, too, had not seen the letters before your vote to approve plans for up to 750 homes and a school on land you do not own.
There are significant red flags surrounding both Brisbane and Peddler's Village in relation to the 4th round of Affordable Housing (AH). While I lack sufficient information about other properties to comment, it is becoming increasingly clear that a state agency may need to intervene on both the Brisbane and Peddler's Village sites.
In light of this, I am formally requesting copies of all communications—whether letters, emails, faxes, or phone record notes—pertaining to the Brisbane property and sent to the State of New Jersey from the following individuals: Jeff Bertrand (former Township Administrator), John Tobia (current Township Administrator), Nora Coyne, Matt Zahorsky, Kendra Leslie, Eric Nolan, Raymond Savacool, Scott Taylor, Greg McGuckin, Rich Wonsala (Chair of the Wall Planning Board), Kevin Orender, Tim Clayton (current Mayor of Wall), Dan Becht, Tim Farrell, and Erin Mangan. I would like to receive these documents for the period from November 1, 2024, to the present (August 29, 2025). The key word is Brisbane.
Thank you for your attention to this matter. I look forward to receiving the requested information in a timely manner without any further delays returning public information.
Best regards,
Betsy Cross
cc: various
Ms. Cross,
The Wall Township Clerk’s office is in receipt of your OPRA request and has forwarded to the appropriate departments by copy of this e-mail. The response is due on or before 9/12/2025. Please refer to this request as 470-2025 in any future correspondence.
Thank you,
Roberta M. Lang, RMC, CMR
Township Clerk, Registrar of Vital Statistics
2700 Allaire Road Wall NJ 07719
(732)449-8444 extension 2200
Visit us at http://wallnj.com/211/Clerks-Office
Dear Ms. Cross:
The Township will require an extension that records custodians are allowed prior to granting access to a government record pursuant to N.J.S.A. 47:1A-5(i) You can expect to receive the Township’s response to your OPRA request on or about September 17, 2025, accordingly.
Roberta M. Lang, RMC, CMR
Township Clerk, Registrar of Vital Statistics
2700 Allaire Road Wall NJ 07719
(732)449-8444 extension 2200
Visit us at http://wallnj.com/211/Clerks-Office
Dear Ms. Cross:
The Township of Wall (“Township”) Records Custodian received your Open Public Records Act (“OPRA”) request on September 2, 2025. The Township is responding to your request within seven (7) business days after receipt of your request as required by New Jersey law. See N.J.S.A. 47:1A-5.
For ease of reference, your OPRA request seeks the following:
1. copies of all communications—whether letters, emails, faxes, or phone record notes—pertaining to the Brisbane property and sent to the State of New Jersey from the following individuals: Jeff Bertrand (former Township Administrator), John Tobia (current Township Administrator), Nora Coyne, Matt Zahorsky, Kendra Leslie, Eric Nolan, Raymond Savacool, Scott Taylor, Greg McGuckin, Rich Wonsala (Chair of the Wall Planning Board), Kevin Orender, Tim Clayton (current Mayor of Wall), Dan Becht, Tim Farrell, and Erin Mangan. I would like to receive these documents for the period from November 1, 2024, to the present (August 29, 2025). The key word is Brisbane.
Attached please find all records readily identified as responsive by the Township. Copied below, please find a Vaughn Index identifying the legal basis for withholding or all redactions made to responsive records.
List of all records provided, with redactions, or denied in their entirety.If disclosed with redactions, give a general nature description of the record. List the legal explanation and statutory citation for the denial of access to records in their entirety or with redactions.
Withheld-OPRA014, 020, 025-Draft letters to State of New Jersey-N.J.S.A. 47:1A-1.1 provides that “[a] government record shall not include the following information which is deemed to be confidential for the purposes of P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented: inter-agency, or intra-agency advisory, consultative, or deliberative material. Draft records of a public agency fall within the deliberative process privilege.
Your OPRA request is now deemed answered and closed. In the event of a clarification or appeal, Township reserves the right to raise any other ground for denial not raised in this response. The failure of Township to assert an exception or privilege at this time does not act as a waiver of any grounds for denial.
Thank you,
Roberta M. Lang, RMC, CMR
Township Clerk, Registrar of Vital Statistics
2700 Allaire Road Wall NJ 07719
(732)449-8444 extension 2200
Visit us at http://wallnj.com/211/Clerks-Office