I have received your below OPRA request and I forwarded it to the departments you listed. Please see the response below that I received from Tara Paxton, Municipal Planner:

"We do not take minutes or transcripts for professional meetings, so I have no minutes from those meetings held on 12/7/21, or 3/21/22. I can provide them with a list of who attended - see attached.
And we have not completed the minutes from the planning board meetings on 2/23/22 and 3/21/22.
Transcripts can be ordered from the stenographer. Denise Sweet - Denise Sweet and Associates, LLC 256 Leswing Drive, Brick, NJ 08723
[email address] 732-462-6096."

Sincerely,

Jessica L. Larney, RMC/CMR
Assistant Municipal Clerk
Deputy Registrar of Vital Statistics

Office of the Township Clerk/Vital Statistics
401 Chambers Bridge Road
Brick, New Jersey 08723
732-262-1003

-----Original Message-----
From: Lynnette Iannarone
Sent: Saturday, April 9, 2022 8:53 PM
To: Jessica Larney <[email address]>
Subject: FW: OPRA request - Minutes/transcripts from two meetings
Importance: High

________________________________________
From: J Gurney
Sent: Saturday, April 9, 2022 8:52:26 PM (UTC-05:00) Eastern Time (US & Canada)
To: Lynnette Iannarone
Subject: OPRA request - Minutes/transcripts from two meetings

Dear Brick 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.
Records requested: I am looking for the minutes from the meeting between Fire, OEM and Engineering that took place on 12/7/21 with D.R. Horton. Discussing access through Aarons Way.
I am also requesting the transcripts from the planning board meetings on 2/23/22 and 3/21/22.

There was mention of a meeting that would take place after the 3/21/22 meeting between Tara Paxton and D.R. Horton Engineers and/or Attny. If there are any transcripts or material from that meeting I would like to see that too. I am sorry I do not have a date, none was given.

Thank you,

Yours faithfully,

A Resident

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I received your email below.

Regarding:
"Regarding the meeting between DR Horton and the Township professionals, I am requesting a written summary of what took place in this meeting. The public should know what is happening behind closed doors otherwise this creates an appearance of impropriety between the township and the developer."

The New Jersey Government Records Council states that “valid OPRA (Open Public Records Act) request seeks specific, identifiable government records. Valid OPRA requests do not ask questions, do not seek information, and do not require a custodian to conduct any research or create a new record. When a request is “complex” because it fails to specifically identify the documents sought, then that request is not “encompassed” by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007). A proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency's documents. OPRA is to “search” for a specific, identifiable, existing government record. It is not meant to “research” to see if a record exists. Research should be done prior to completing an OPRA request.

This would be creating a new record which is not included in the OPRA statute.

Regarding:
"Regarding the minutes from the February meeting and asking me to request them from a third party is improper as there will surely be a fee for these documents. The person is unreachable by phone and it is a hardship for me to do so."

The Planning Board has not yet transcribed the minutes for the 02/23/22 or the 03/21/22 meetings yet. Therefore, the is no such record that currently exists. If you would like a copy of the audio from the meetings. You may request a copy of the DVD at a cost of $0.63 (actual cost of the DVD) as per N.J.S.A. 47:1A-5(b).

Sincerely,

Jessica L. Larney, RMC/CMR
Assistant Municipal Clerk
Deputy Registrar of Vital Statistics

Office of the Township Clerk/Vital Statistics
401 Chambers Bridge Road
Brick, New Jersey 08723
732-262-1003

-----Original Message-----
From: J Gurney <[OPRA #30925 email]>
Sent: Saturday, April 16, 2022 9:18 AM
To: Jessica Larney <[email address]>
Subject: Internal review of OPRA request - Minutes/transcripts from two meetings
Importance: High

Dear Jessica Larney,

Regarding the meeting between DR Horton and the Township professionals, I am requesting a written summary of what took place in this meeting. The public should know what is happening behind closed doors otherwise this creates an appearance of impropriety between the township and the developer.

Regarding the minutes from the February meeting and asking me to request them from a third party is improper as there will surely be a fee for these documents. The person is unreachable by phone and it is a hardship for me to do so.

Yours sincerely,

A resident

-----Original Message-----

I have received your below OPRA request and I forwarded it to the departments you listed. Please see the response below that I received from Tara Paxton, Municipal Planner:

"We do not take minutes or transcripts for professional meetings, so I have no minutes from those meetings held on 12/7/21, or 3/21/22. I can provide them with a list of who attended - see attached.
And we have not completed the minutes from the planning board meetings on 2/23/22 and 3/21/22.
Transcripts can be ordered from the stenographer. Denise Sweet - Denise Sweet and Associates, LLC 256 Leswing Drive, Brick, NJ 08723 [email address] 732-462-6096."

Sincerely,

Jessica L. Larney, RMC/CMR
Assistant Municipal Clerk
Deputy Registrar of Vital Statistics

Office of the Township Clerk/Vital Statistics
401 Chambers Bridge Road
Brick, New Jersey 08723
732-262-1003

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #30925 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers

View this OPRA request & responses online:
https://opramachine.com/request/minutest...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------

hide quoted sections

Good news! The Planning Board secretary just emailed me that they were copied on the transcripts from the Planning Board meetings because the applicant requested them from Ms. Sweet themselves. Please find attached.

Sincerely,

Jessica L. Larney, RMC/CMR
Assistant Municipal Clerk
Deputy Registrar of Vital Statistics

Office of the Township Clerk/Vital Statistics
401 Chambers Bridge Road
Brick, New Jersey 08723
732-262-1003

-----Original Message-----
From: Jessica Larney <>
Sent: Monday, April 18, 2022 10:41 AM
To: 'J Gurney' <[OPRA #30925 email]>
Subject: RE: Internal review of OPRA request - Minutes/transcripts from two meetings - OPRA #603-22

I received your email below.

Regarding:
"Regarding the meeting between DR Horton and the Township professionals, I am requesting a written summary of what took place in this meeting. The public should know what is happening behind closed doors otherwise this creates an appearance of impropriety between the township and the developer."

The New Jersey Government Records Council states that “valid OPRA (Open Public Records Act) request seeks specific, identifiable government records. Valid OPRA requests do not ask questions, do not seek information, and do not require a custodian to conduct any research or create a new record. When a request is “complex” because it fails to specifically identify the documents sought, then that request is not “encompassed” by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007). A proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency's documents. OPRA is to “search” for a specific, identifiable, existing government record. It is not meant to “research” to see if a record exists. Research should be done prior to completing an OPRA request.

This would be creating a new record which is not included in the OPRA statute.

Regarding:
"Regarding the minutes from the February meeting and asking me to request them from a third party is improper as there will surely be a fee for these documents. The person is unreachable by phone and it is a hardship for me to do so."

The Planning Board has not yet transcribed the minutes for the 02/23/22 or the 03/21/22 meetings yet. Therefore, the is no such record that currently exists. If you would like a copy of the audio from the meetings. You may request a copy of the DVD at a cost of $0.63 (actual cost of the DVD) as per N.J.S.A. 47:1A-5(b).

Sincerely,

Jessica L. Larney, RMC/CMR
Assistant Municipal Clerk
Deputy Registrar of Vital Statistics

Office of the Township Clerk/Vital Statistics
401 Chambers Bridge Road
Brick, New Jersey 08723
732-262-1003

-----Original Message-----
From: J Gurney <[OPRA #30925 email]>
Sent: Saturday, April 16, 2022 9:18 AM
To: Jessica Larney <[email address]>
Subject: Internal review of OPRA request - Minutes/transcripts from two meetings
Importance: High

Dear Jessica Larney,

Regarding the meeting between DR Horton and the Township professionals, I am requesting a written summary of what took place in this meeting. The public should know what is happening behind closed doors otherwise this creates an appearance of impropriety between the township and the developer.

Regarding the minutes from the February meeting and asking me to request them from a third party is improper as there will surely be a fee for these documents. The person is unreachable by phone and it is a hardship for me to do so.

Yours sincerely,

A resident

-----Original Message-----

I have received your below OPRA request and I forwarded it to the departments you listed. Please see the response below that I received from Tara Paxton, Municipal Planner:

"We do not take minutes or transcripts for professional meetings, so I have no minutes from those meetings held on 12/7/21, or 3/21/22. I can provide them with a list of who attended - see attached.
And we have not completed the minutes from the planning board meetings on 2/23/22 and 3/21/22.
Transcripts can be ordered from the stenographer. Denise Sweet - Denise Sweet and Associates, LLC 256 Leswing Drive, Brick, NJ 08723 [email address] 732-462-6096."

Sincerely,

Jessica L. Larney, RMC/CMR
Assistant Municipal Clerk
Deputy Registrar of Vital Statistics

Office of the Township Clerk/Vital Statistics
401 Chambers Bridge Road
Brick, New Jersey 08723
732-262-1003

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #30925 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers

View this OPRA request & responses online:
https://opramachine.com/request/minutest...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------

hide quoted sections