Ordenance #. 3455
Rory Moore made this OPRA request to Nutley Township This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Nutley 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: As per our phone conversation, this very day, i seek the fll details of the listed items, directly from the ordnance. Your office indicated the informmation would be available prior to the hearing data.
(a) Improvement of municipally-owned properties and
facilities in and by the Township, together with all
equipment, structures, site work, work and materials
necessary therefor or incidental thereto, all as shown
on and in accordance with the plans and specifications
therefor on file or to be filed in the office of the
Township Clerk and hereby approved $350,000 $332,500
(b) Acquisition by purchase of new and additional
vehicular and other equipment for use by the
Township, together with all appurtenances,
attachments and accessories necessary therefor or
incidental thereto, all as shown on and in accordance
with the specifications therefor on file or to be filed in
the office of the Township Clerk and hereby approved 250,000 237,500
(c) Improvement of municipal parks and playgrounds
in and by the Township, together with all structures,
equipment, work and materials necessary therefor or
incidental thereto, all as shown on and in accordance
with the plans and specifications therefor on file or to
be filed in the office of the Township Clerk and hereby
approved 200,000 190,000
(d) Acquisition by purchase of new trees to be planted
at various locations in the Township, together with all
landscaping, work and materials necessary therefor or
incidental thereto, all as shown on and in accordance
with the plans and specifications therefor on file or to
be filed in the office of the Township Clerk and hereby
approved 50,000 47,500
ORD
(e) Acquisition by purchase of new computer and
information technology equipment for use by various
departments of the Township, together with equipment
, accessories and appurtenances necessary therefor or
incidental thereto, all as shown on and in accordance
with the specifications therefor on file or to be filed in
the office of the Township Clerk and hereby approved
125,000 118,750
(f) Acquisition by purchase of one (1) new street
sweeper for use by the Department of Public Works of
the Township, together with all appurtenances,
attachments and accessories necessary therefor or
incidental thereto, all as shown on and in accordance
with the specifications therefor on file or to be filed in
the office of the Township Clerk and hereby approved 100,000 95,000
(g) Improvement of the sewer system in and by the
Township by the upgrade thereof, together with all
equipment, structures, site work, work and materials
necessary therefor or incidental thereto, all as shown
on and in accordance with the plans and specifications
therefor on file or to be filed in the office of the
Township Clerk and hereby approved 251,500 238,925
(h) Acquisition by purchase of new and additional
vehicular and other equipment for use by the
Department of Public Works of the Township, together
with all equipment, attachments and accessories
necessary therefor or incidental thereto, all as shown
on and in accordance with the specifications therefor
on file or to be filed in the office of the Township Clerk
and hereby approved 50,000 47,500
(i) Improvement of municipally-owned properties and
facilities in and by the Township, including the Library
by the upgrade of the heating, ventilation and air
conditioning system, together with all equipment,
structures, site work, work and materials necessary
therefor or incidental thereto, all as shown on and in
accordance with the plans and specifications therefor
on file or to be filed in the office of the Township Clerk
and hereby approved 300,000 285,000
(j) Acquisition by purchase of new and additional
equipment for use by the Department of Public Works
of the Township, including one (1) roll-off dumpster
truck, together with all appurtenances, attachments and
accessories necessary therefor or incidental thereto, all
as shown on and in accordance with the specifications
therefor on file or to be filed in the office of the
Township Clerk and hereby approved
(k) Acquisition by purchase of new security cameras
for use by the Department of Public Works of the
Township, together with all appurtenances,
attachments and accessories necessary therefor or
incidental thereto, all as shown on and in accordance
with the specifications therefor on file or to be filed in
the office of the Township Clerk and hereby approved 50,000 47,500
(l) Improvement of municipally-owned properties and
facilities in and by the Township, including the Fire
House by the renovation thereof, together with all
equipment, structures, site work, work and materials
necessary therefor or incidental thereto, all as shown
on and in accordance with the plans and specifications
therefor on file or to be filed in the office of the
Township Clerk and hereby approved 55,000 52,250
(m) Acquisition by purchase and installation of new
and additional equipment for use by the public safety
departments of the Township, including hydraulic
extrication equipment, together with all appurtenances,
attachments and accessories necessary therefor or
incidental thereto, all as shown on and in accordance
with the specifications therefor on file or to be filed in
the office of the Township Clerk and hereby approved 40,000 38,000
(n) Acquisition by purchase of new and additional
equipment for use by the Police Department of the
Township, including mobile radios, together with all
appurtenances, attachments and accessories necessary
therefor or incidental thereto, all as shown on and in
accordance with the specifications therefor on file or to
be filed in the office of the Township Clerk and hereby
approved 30,000 28,500
(o) Acquisition by purchase of new and additional
communication and tactical equipment for use by the
Police Department of the Township, together with all
appurtenances, attachments and accessories necessary
therefor or incidental thereto, all as shown on and in
accordance with the specifications therefor on file or to
be filed in the office of the Township Clerk and hereby
approved
Yours faithfully, Rory
Mr. Moore,
The Municipal Clerk’s Office is in receipt of your OPRA Request No. 524-20
(see attached). As of today, October 23, 2020, a search of Township files
has not revealed any records responsive to this request. However, we will
continue to search, and you will receive a definite answer to your request
by October 30, 2020.
Thank you,
Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ
(973) 284-4951 x2233 Office
(973) 284-5668 Fax
[1]www.nutleynj.org
References
Visible links
1. http://www.nutleynj.org/
Dear Ceci Tramontana, Ceci, this is not what I requested. Look at the "specifications". I want the specifications. The Nutley BOE sent the CAD design. I will report this on Monday. How can you estimate the size and scope of the project absent a design. I want the specsification.
Yours sincerely,
Rory Moore
Dear Ceci Tramontana, Ceci, you are better then this.. That being said, I requested the quote, Ceci he is the quote from the Bond Ordnance, ready, here it is, ""all as shown-on and in accordance with the plans and specifications therefor all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Township Clerk and hereby approved $350,000 $332,500""
Ceci, which part of the plans on file in your office do you not understand?? How can a citizen formulate a competent question WITH OUT THE PLANS?
Public hearing 11/5/2020
Yours sincerely, Rory
Rory Moore
Mr. Moore,
This correspondence shall serve as Nutley Township (the “Township”)’s
response to your request for access to government records pursuant to the
Open Public Records Act, N.J.S.A. 47:1A-1.1, et seq. (“OPRA”), which was
received by the Township on October 14, 2020 during the Township’s regular
office hours. On October 23, 2020 the Township sent you an extension
notice via email. Below is a list of each request for access and the
Township’s response to the same:
“Ordenance [sic] # 3455:
"Records requested: As per our phone conversation, this very day, i seek
the fll details of the listed items, directly from the ordnance. [...]
(a) Improvement of municipally-owned properties and
facilities in and by the Township, together with all
equipment, structures, site work, work and materials
necessary therefor or incidental thereto, all as shown
on and in accordance with the plans and specifications
therefor on file or to be filed in the office of the
Township Clerk and hereby approved $350,000 $332,500
(b) Acquisition by purchase of new and additional
vehicular and other equipment for use by the
Township, together with all appurtenances,
attachments and accessories necessary therefor or
incidental thereto, all as shown on and in accordance
with the specifications therefor on file or to be filed in
the office of the Township Clerk and hereby approved 250,000 237,500
(c) Improvement of municipal parks and playgrounds
in and by the Township, together with all structures,
equipment, work and materials necessary therefor or
incidental thereto, all as shown on and in accordance
with the plans and specifications therefor on file or to
be filed in the office of the Township Clerk and hereby
approved 200,000 190,000
(d) Acquisition by purchase of new trees to be planted
at various locations in the Township, together with all
landscaping, work and materials necessary therefor or
incidental thereto, all as shown on and in accordance
with the plans and specifications therefor on file or to
be filed in the office of the Township Clerk and hereby
approved 50,000 47,500
ORD
(e) Acquisition by purchase of new computer and
information technology equipment for use by various
departments of the Township, together with equipment
, accessories and appurtenances necessary therefor or
incidental thereto, all as shown on and in accordance
with the specifications therefor on file or to be filed in
the office of the Township Clerk and hereby approved
125,000 118,750
(f) Acquisition by purchase of one (1) new street
sweeper for use by the Department of Public Works of
the Township, together with all appurtenances,
attachments and accessories necessary therefor or
incidental thereto, all as shown on and in accordance
with the specifications therefor on file or to be filed in
the office of the Township Clerk and hereby approved 100,000 95,000
(g) Improvement of the sewer system in and by the
Township by the upgrade thereof, together with all
equipment, structures, site work, work and materials
necessary therefor or incidental thereto, all as shown
on and in accordance with the plans and specifications
therefor on file or to be filed in the office of the
Township Clerk and hereby approved 251,500 238,925
(h) Acquisition by purchase of new and additional
vehicular and other equipment for use by the
Department of Public Works of the Township, together
with all equipment, attachments and accessories
necessary therefor or incidental thereto, all as shown
on and in accordance with the specifications therefor
on file or to be filed in the office of the Township Clerk
and hereby approved 50,000 47,500
(i) Improvement of municipally-owned properties and
facilities in and by the Township, including the Library
by the upgrade of the heating, ventilation and air
conditioning system, together with all equipment,
structures, site work, work and materials necessary
therefor or incidental thereto, all as shown on and in
accordance with the plans and specifications therefor
on file or to be filed in the office of the Township Clerk
and hereby approved 300,000 285,000
(j) Acquisition by purchase of new and additional
equipment for use by the Department of Public Works
of the Township, including one (1) roll-off dumpster
truck, together with all appurtenances, attachments and
accessories necessary therefor or incidental thereto, all
as shown on and in accordance with the specifications
therefor on file or to be filed in the office of the
Township Clerk and hereby approved
(k) Acquisition by purchase of new security cameras
for use by the Department of Public Works of the
Township, together with all appurtenances,
attachments and accessories necessary therefor or
incidental thereto, all as shown on and in accordance
with the specifications therefor on file or to be filed in
the office of the Township Clerk and hereby approved 50,000 47,500
(l) Improvement of municipally-owned properties and
facilities in and by the Township, including the Fire
House by the renovation thereof, together with all
equipment, structures, site work, work and materials
necessary therefor or incidental thereto, all as shown
on and in accordance with the plans and specifications
therefor on file or to be filed in the office of the
Township Clerk and hereby approved 55,000 52,250
(m) Acquisition by purchase and installation of new
and additional equipment for use by the public safety
departments of the Township, including hydraulic
extrication equipment, together with all appurtenances,
attachments and accessories necessary therefor or
incidental thereto, all as shown on and in accordance
with the specifications therefor on file or to be filed in
the office of the Township Clerk and hereby approved 40,000 38,000
(n) Acquisition by purchase of new and additional
equipment for use by the Police Department of the
Township, including mobile radios, together with all
appurtenances, attachments and accessories necessary
therefor or incidental thereto, all as shown on and in
accordance with the specifications therefor on file or to
be filed in the office of the Township Clerk and hereby
approved 30,000 28,500
(o) Acquisition by purchase of new and additional
communication and tactical equipment for use by the
Police Department of the Township, together with all
appurtenances, attachments and accessories necessary
therefor or incidental thereto, all as shown on and in
accordance with the specifications therefor on file or to
be filed in the office of the Township Clerk and hereby
approved"
Please be advised that the Office of the Township Clerk has not received
the plans or specifications referred to in the Ordinance, as the public
bidding and contracting process has not yet begun. A search of Township
files did not reveal any records responsive to this request.
To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the Township of Nutley’s interest in
nondisclosure. See Loigman v. Kimmelman, 102 N.J. 98 (1986). The
foregoing response to your request for access to government records
incorporates the aforementioned balancing test. Please note that "a
party's status as a litigant does not enlarge its access to government
records under OPRA”. MAG Entm't, LLC v. Div. of Alcoholic Beverage
Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005). The Township of
Nutley reserves the right to raise any other grounds for denial not raised
in this response. Failure of the Township of Nutley to assert an
exemption or privilege does not act as a waiver of any grounds for
denial. Furthermore, a reviewing Court or the Government Records Council
("GRC") may deem a denial of access to be authorized on grounds other that
those advanced by a custodian. See Paffv. Twp. of Plainsboro,
A-2122-05T2, 2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming,
Paff v. Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006).
If your request for access to a government record has been denied or
unfilled, you have a right to challenge the decision by the Township of
Nutley to deny access. At your option, you may either initiate a
proceeding in the Superior Court of New Jersey or file a complaint with
the 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 [1][email address], or on
its website at [2]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.
Sincerely,
Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ
(973) 284-4951 x2233 Office
(973) 284-5668 Fax
[3]www.nutleynj.org
From: Ceci Tramontana
Sent: Friday, October 23, 2020 4:25 PM
To: [OPRA #17459 email]
Cc: Eleni Pettas <[email address]>
Subject: OPRA Request No. 524-20
Mr. Moore,
The Municipal Clerk’s Office is in receipt of your OPRA Request No. 524-20
(see attached). As of today, October 23, 2020, a search of Township files
has not revealed any records responsive to this request. However, we will
continue to search, and you will receive a definite answer to your request
by October 30, 2020.
Thank you,
Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ
(973) 284-4951 x2233 Office
(973) 284-5668 Fax
[4]www.nutleynj.org
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/
4. http://www.nutleynj.org/