Pre-Renovation: Lack of Library Materials Testing
Dear East Brunswick 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:
Presentation of Keith Kipp to Library Board in 2022 regarding library renovations; correspondence and reports from Keith Kipp and Mike Dixion regarding "no pre-environmental testing needed" for renovation when required by state and federal law of older buildings.
Yours faithfully,
Renee Miller
Renee Miller,
The Planning & Engineering Department was tasked with aiding the Library
with a contract to replace ceiling tiles, lighting, and renovate two
bathrooms. Plans and specifications for the project provided to P & E were
prepared by an Architect hired by the Library. The presentation was given
to present the cost proposal and explain the concept of Cooperative
Purchasing utilized to bid the project. Attached is the referenced
material.
This concludes this OPRA request.
Best Regards,
Keith T. Kipp
Director of Planning & Engineering
Township of East Brunswick
4 Harts Lane
East Brunswick, NJ 08816
(P)732-390-6870
(F)732-390-6898
[1]www.eastbrunswick.org
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From: Anabela Da Silva <[email address]>
Sent: Thursday, April 6, 2023 3:58 PM
To: Keith Kipp <[email address]>
Cc: Tamar Lawful <[email address]>; Loren Morace
<[email address]>
Subject: RE: OPRA Request # 286 - Pre-Renovation: Lack of Library
Materials Testing
Please see the attached OPRA request.
Keith: 2022 Presentation regarding library renovations; correspondence
and reports regarding “no pre-environmental testing needed” for renovation
when required by State and Federal Law of older buildings
Received: April 6, 2023
Due: April 14, 2023
Anabela Da Silva
Administrative Assistant/Alternate Registrar
Township of East Brunswick
Township Clerk’s Office
1 Civic Center Drive
East Brunswick, NJ 08816
(P)732-390-6850
Fax 732-238-8848
[2]www.eastbrunswick.org
References
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1. http://www.eastbrunswick.org/
2. https://gcc02.safelinks.protection.outlo...
Dear Keith Kipp,
This OPRA request is INCOMPLETE and must stay open.
Per statements:
Mayor’s Statement regarding Library Closure/Renovations (03/07/2023)
“…This work was reviewed by our township Department of Planning and Engineering prior to the bidding of the project. **Consideration was given at that time to the age of the building and specifically the children’s section since all work was confined to that area. Based on that review, it was determined that there would not be the need for remediation testing and encapsulation for asbestos.**”
This was also stated in:
East Brunswick Public Library remains closed after DOL recommends environmental cleanup (MyCentralJersey) 03/09/2023)
Home News Tribune (03/09/2023, page 5A)
Buildings in the age range of Library are required by federal and state law to do testing.
Per page 4 of the Detail Associates final results from testing Stephen A. Jaraczewsk dated March 14, 2023i, “I recommend that any future renovation projects entailing removal or demolition of any interior components be subject to asbestos assessment as MANDATED UNDER FEDERAL AND STATE REGULATIONS FOR WORK IN PUBLIC AND EDUCATIONAL FACILITIES” (emphasis given by me)
Please provide information regarding determination that remediation testing and encapsulation was not required.
Yours sincerely,
Renee Miller
Dear East Brunswick Township,
Please pass this on to the person who conducts Open Public Records Act reviews.
I am writing to request an internal review of East Brunswick Township's handling of my OPRA request 'Pre-Renovation: Lack of Library Materials Testing'.
I have not received an update, as my OPRA request was not fulfilled per statements from the mayor and documents from other OPRA requests.
A full history of my OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/pre_reno...
Yours faithfully,
Renee Miller
Good Afternoon Ms. Miller,
Thank you for bringing this matter to my attention. Please note that this
office takes all OPRA requests seriously. As you stated in your email on
April 25, 2023, your request has not been fully satisfied.
To address this concern, I ask that you specify why your request is not
satisfied and the exact government record you seek to obtain. It is my
understanding that we have responded to all items in your past OPRA
request(s). However, if there is something that was not addressed and was
specified in your OPRA request, please inform me.
Please note that any additional records that were not specified in your
previous request will warrant a new OPRA request.
I hope you have a wonderful day, and I look forward to hearing from you.
Tamar Lawful, RMC/CMR
Township Clerk
---
Township of East Brunswick
Township Clerk’s Office
1 Jean Walling Civic Center
East Brunswick, NJ 08816
(T): 732-390-6850
(F): 732-238-8848
Email: [email address]
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Dear Tamar Lawful, thank you for conducting this review. This is the first time I encountered a response that I feel was not responded to completely and hopefully it can be resolved.
The documentation provided in the OPRA information earlier does not cover any determination of no pre-testing of materials in the building was required. The request only covered contract information, cost proposals, and some drawings.
Mayor Cohen made multiple statements to the press indicating that Planning & Engineering were involved in the decision to not conduct remediation testing (which is required by state and federal law for buildings the age of the Library), but is not addressed in documentation provided:
Mayor’s Statement regarding Library Closure/Renovations (03/07/2023)
“…This work was reviewed by our township Department of Planning and Engineering prior to the bidding of the project. **Consideration was given at that time to the age of the building and specifically the children’s section since all work was confined to that area. Based on that review, it was determined that there would not be the need for remediation testing and encapsulation for asbestos.**”
This was also stated in:
*East Brunswick Public Library remains closed after DOL recommends environmental cleanup (MyCentralJersey) 03/09/2023)
*Home News Tribune (03/09/2023, page 5A)
I would like documentation regarding the "review" referred to in the above statement and how the determination was made by Planning & Engineering.
Thank you for helping give access to the community to critical documentation.
Yours sincerely,
Renee Miller
Dear Tamar Lawful,
Hello, I made my clarification on May 3, and I see it in the queue in the thread above, but am unsure now if it went through to you.
Yours sincerely,
Renee Miller
Good Morning Ms. Miller,
Thank you for responding to my email. I am still uncertain about your primary concerns and reasons for dissatisfaction about the Township's response to your OPRA request(s). I wrote to you to obtain clarification, which your response today has not provided. I am happy to further look into your request. However, I respectfully ask that you specify the exact record(s) you seek to obtain that was requested for in your previous OPRA request(s). I will be happy to look into this matter to ensure it was handled correctly.
Have a wonderful day!
Tamar Lawful, RMC/CMR
Township Clerk
---
Township of East Brunswick
Township Clerk's Office
1 Jean Walling Civic Center
East Brunswick, NJ 08816
(T): 732-390-6850
(F): 732-238-8848
Email: [email address]
PRIVACY NOTICE: This e-mail, including any attachments, may include privileged, confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender by replying to this message and delete this e-mail immediately.
WARNING: Email received by or sent to Township officials is subject to the Open Public Records Act [OPRA]. With the exception of some specific privileges, all communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Dear Tamar Lawful,
Mayor Cohen made multiple statements to the press indicating that Planning & Engineering were involved in the decision to not conduct remediation testing (which is required by state and federal law for buildings the age of the Library), but is not addressed in documentation provided. (articles in my May 4 response).
I would like to request documents and correspondence (written, digital, and verbal) regarding the "review" done by Planning & Engineering that resulted in the decision to not conduct remediation testing of that space.
Yours sincerely,
Renee Miller
Good Morning Ms. Miller,
Did you specify this request in your previous OPRA requests?
Tamar Lawful, RMC/CMR
Township Clerk
---
Township of East Brunswick
Township Clerk's Office
1 Jean Walling Civic Center
East Brunswick, NJ 08816
(T): 732-390-6850
(F): 732-238-8848
Email: [email address]
PRIVACY NOTICE: This e-mail, including any attachments, may include privileged, confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender by replying to this message and delete this e-mail immediately.
WARNING: Email received by or sent to Township officials is subject to the Open Public Records Act [OPRA]. With the exception of some specific privileges, all communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Dear Tamar Lawful,
It was intended for this this request to Engineering, but not included. If I need to submit a separate OPRA request, please let me know. I am now a little confused and do not mean to cause issues.
Yours sincerely,
Renee Miller
Hello Renee,
All request goes through the Clerk's Office. We then disseminate the request to the pertinent departments to respond to.
Yes, please submit a separate OPRA request.
Tamar Lawful, RMC/CMR
Township Clerk
---
Township of East Brunswick
Township Clerk's Office
1 Jean Walling Civic Center
East Brunswick, NJ 08816
(T): 732-390-6850
(F): 732-238-8848
Email: [email address]
PRIVACY NOTICE: This e-mail, including any attachments, may include privileged, confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender by replying to this message and delete this e-mail immediately.
WARNING: Email received by or sent to Township officials is subject to the Open Public Records Act [OPRA]. With the exception of some specific privileges, all communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Dear Tamar Lawful,
Thank you for the clarification. I will submit a separate request.
Yours sincerely,
Renee Miller