Hometown Chatham

Tag: Chatham

  • Happy New Year?

    This Monday night, January 8, the Borough will swear in our new Mayor, civic-minded second term Council member Carolyn Dempsey, and three new Council members, all hand-picked by the local Democrat party leaders with no opposition. 

    What can we expect of them? Plenty of ceremonies, concerts, and celebrations to be sure. 

    But behind the scenes, our new Mayor & Council will soon face serious challenges, and will need to make big decisions that will affect all of us for many years to come. Here are some important ones:

    1. Post Office Plaza

    This month marks the deadline for the Mayor & Council to either: 

    1. secure enough grant money to construct a 15-unit, 100% affordable apartment house at Post Office Plaza; or else 
    2. borrow whatever it takes to build that project – potentially $6 million or more – while continuing to seek grants, as agreed in 2022.

    We should all thank former Mayor Thaddeus Kobylarz, then-Council members Len Resto and Frank Truilo, and Council member Irene Treloar for achieving that agreement. It’s a far better outcome than the 100+ rental unit, 85% luxury alternative the other Council members were pushing then, and a far, far better outcome than the 230-rental unit monstrosity the Harris administration was ready to go with in 2019. But now it’s time to get to work. 

    By the end of March, the Borough must break ground on the 15-unit project, and it must have a Certificate of Occupancy by March 2025, after which the Borough will serve both as the provider of municipal services and as landlord for the next 30 years.

    https://chathamchoice.org/wp-content/uploads/2022/12/Amended-Final-Judgment-of-Compliance-and-Repose.pdf

    2. Pilot Money

    https://www.theivychatham.com/

    The big, tax-exempt Ivy housing project on River Road should soon begin to help earn its keep by making payments-in-lieu-of-taxes, also known as PILOT payments. The Council will need every penny to pay for necessities, including new fire trucks, and luxuries like the Stanley Center.

    At the same time, the Council will continue to face intense pressure to donate some funds to the joint public School District, based on the mistaken belief that PILOTs cheat the schools.

    If the Council succumbs to that pressure, Borough taxpayers will bear more than our fair share of School District expenses, and the Council will need to borrow more money to fulfill its own responsibilities.

    https://chathamchoice.org/2023/06/why-should-chatham-borough-pay-more-than-its-fair-share/ 

    The Council would best serve its constituents by flatly denying those demands and reminding the School Board that the School District can and should make any appeal for more funding directly to the taxpayers, by putting on the ballot either a referendum or a second question as it did last November. 

    For the Council to make a deal directly with the School District, no matter the dollar amount or purpose, would be to cut the taxpayer out of the process. That would be unnecessary, inappropriate, and irresponsible unless taxpayers unequivocally consent to delegate that decision to the Council. 

    3.  More development at River Road

    As the Third Round of Affordable Housing obligations winds down, and the July 2025 start date for the Fourth Round nears, the Borough can expect a spate of applications to build multi-family apartment projects, no doubt including one at the Bradley lots on Main Street, the subject of a 2020 lawsuit against the Borough.

    The Borough cannot allow all of that construction without sacrificing the small town charm that makes Chatham attractive. And yet, to refuse any of those proposals will be to take a chance on another expensive and risky tussle in court.  

    It seems the new administration is inclined to solve that problem by sacrificing the rest of River Road to a sea of 862 additional residences.

    https://patch.com/new-jersey/chatham/election-2023-carolyn-dempsey-chatham-borough-council

    https://chathamchoice.org/2022/10/whats-that-on-river-road/ (Please note that the Council may choose waive these limits, increasing the density.)

    The rationale is that the Borough cannot prevent construction of more than 800 additional apartments there, so the Mayor & Council might as well try to negotiate for some control and a few public benefits by adopting another redevelopment plan.

    That is a mirage. Sure, eager developers will promise to throw in a “free”  jogging path along the Passaic River and maybe some extra help meeting our affordable housing quota. But in exchange they will expect the Council to grant them permission to build even bigger housing projects, and to waive all property taxes, which will reduce our tax base.

    All other things being equal, deals like that will mean higher property taxes for the rest of us. In effect, Borough taxpayers will bear the cost of that “free” jogging path and a little affordable housing, and will face increasing municipal expenses with potentially inadequate funds.*

    Before embarking on another big project, our new Mayor & Council should do their due diligence. At the very least, they should unleash their best experts to help them explore the many other ways the Borough could meet its affordable housing quota, including subsidizing the conversion of existing apartments from market rate to affordable.

    Yes, that would cost us, but so does the “free” help the big developers offer. And the time to explore it is now, before it’s too late to pursue it, as happened in the Third Round, when the Council deferred too much to hired experts and wound up with only a few poor options for the redevelopment of Post Office Plaza in 2022.

    If the Mayor & Council do choose to pursue another redevelopment project, they must take care not to repeat the mistakes of the past, such as overestimating the PILOT revenues and letting BNE slide on the promised solar panels at the Ivy.

    Perhaps most important are for the Mayor & Council to: 1) refrain from placing blind faith in experts; 2) maintain control on matters of policy, instead of ceding those decisions to experts; and 3) stand firm in negotiations, refusing to waive any rights or negotiated terms without strong justification and ample compensation.

    4. Surviving Round Four

    In the Fourth Round of Affordable Housing that begins in July 2025, the Borough will need to: 

    1. negotiate with Fair Share Housing Center as to an additional affordable housing quota for the period 2025-2035;
    2. persuade a Superior Court judge to approve a fair settlement; and 
    3. satisfy the judge that the Borough is living up to its promises so the judge will extend through 2035 the Borough’s immunity from builders’ remedy lawsuits and exclusionary zoning challenges.

    Unless the Mayor & Council can satisfy the Superior Court on that score by September 29, 2026, the Borough will lose its immunity, leaving it vulnerable to more lawsuits and severe punishments, including the loss of what little control we still have over zoning and planning, as has happened in towns like Millburn and Englewood. 

    That said, it’s absolutely critical for the Mayor & Council to stand firm, refusing to waive any rights or compromise its negotiating position in any way without strong justification. 

    5. Revising the Master Plan

    By 2026 Chatham must reexamine its Master Plan, the all-important document that will determine our local zoning and development policy through 2036. 

    https://law.justia.com/codes/new-jersey/2022/title-40/section-40-55d-89/

    That’s serious business. Even an innocent error in the Master Plan could spell disaster for Chatham.

    So though it’s the Planning Board that will do the heavy lifting, the Mayor & Council should make it their business to understand the nuances and implications, be vigilant, and raise their concerns in time to make a difference in the outcome for Chatham. 

    * What’s the difference between property taxes and PILOT payments?

  • Wait. You mean we’re getting another property tax increase?

    Yes. Your Chatham school taxes will go up 4.5% next year.

    State law allows our School Board to PERMANENTLY raise our school taxes by 2% each year.

    This year, they’re also going to PERMANENTLY raise taxes an extra 2.5% ($1.75 million) unless residents vote that down at the polls in November.

    Not only will that mean a 4.5% increase next year, it will also mean that our school taxes will increase faster in the future, and there will be no way to reverse the effect. Even the automatic 2% annual school tax increase will be based on a bigger number every year going forward.

    Why would the School Board do that?

    They say they need an extra $1.75 million next year. That includes $900,000 (a 1.3% increase) to provide health benefits for full-time teachers’ aides, and another $850,000 (a 1.23% increase) to put security vestibules in all the schools.

    Before we vote on such a significant tax increase, we need and deserve some facts and answers.

    For instance, what other options did the School Board consider? Why couldn’t they fit those expenses into the regular $86.3 million school budget?

    Most important, why not simply raise just enough to pay for the security doors? Why a PERMANENT tax increase?

    A permanent increase may make sense for recurring expenses, like health benefits, but not for the one-time cost of security doors. They say there will be other security expenses. But what are they?

    At the very least, the School Board should spell out exactly what it intends to do with the extra $850,000 in each of the next ten years after the security doors are in place.

    It’s your money. They’re your schools. Your children.

    Get the facts.

    Go to the School Board meeting on Monday September 18, 2023 at 7:30 pm in the High School auditorium.

    Email members of the School Board: https://www.chatham-nj.org/staff?filter_ids=302292

    Demand that the School Board hold a Town Hall to explain the issue, entertain questions, and hear from residents.

    Read up on the school budget: https://chathamchoice.org/2023/04/what-does-it-take-to-educate-4000-children-teens/

    Check the School Board website for recent history of the issue: https://www.chatham-nj.org/

    Before October 17, make sure you’re registered to vote. https://nj.gov/state/elections/voter-registration.shtml

    Vote early or go to the polls on November 7.

  • Postponed to Dec. 20!

    Would you like to see a convenience store/gas station in Chatham’s Main Street Historic District?

    Should our Zoning Board waive the normal rules to allow that?* **

    Come to the public Zoning Board hearing.

    NEW NEW Date!

    December 20, 7:30 pm, at Chatham Borough Hall, 54 Fairmount Avenue, upper level.

    What’s this all about?

    The new owner of the Exxon station on Main Street hopes to add a convenience store that’s inconsistent with our Borough Zoning laws.. To go ahead, he must convince the Zoning Board that adding that store would be good for Chatham.***

    The applicant operates a similar gas/convenience store that’s open 24/7 just over the border in Summit. 18 County Rd 649 – Google Maps

    https://www.7-eleven.com/locations/nj/summit/6-river-rd-38126
    6 River Road

    The main difference is that the Shell/7-Eleven on River Road has a brick facade, instead of the vinyl siding the applicant plans for the TigerMart on Chatham’s Main Street.

    https://www.propertyshark.com/mason/Property/4431940/6-River-Rd-Summit-NJ-07901/

    https://njparcels.com/property/2018/201/12#google_vignette

    By keeping long hours – often all night – convenience stores average 1,400 transactions per day, and most patrons (65%) consume their purchases on the spot. “Litter can be a significant challenge,” notes the trade association that advocates for the industry. @

    The Exxon proposal for Chatham would also involve chopping down at least one 20 ft Douglas Fir tree and adding a bigger sign that lights up.** https://ecode360.com/33846367#33846367. https://ecode360.com/6793659

    How would a place like that affect Chatham’s historic district or the value of nearby homes on or near Hillside Avenue?

    Historic district: https://www.chathamborough.org/government/documents/maps/1260-chatham-borough-historic-district-april-2014/file

    https://www.chathamborough.org/government/documents/meeting-documents/historic-preservation-meetings/2022-historic-preservation-meeting-documents/2123-chatham-borough-historic-district-design-guidelines-2021-0221-compressed/file

    Come to the public hearing, postponed yet again to November 15, 7:30 pm, at Chatham Borough Hall, 54 Fairmount Avenue, upper level.

    That is your chance to get the facts, ask questions, make comments, and show you care about your town.

    If you cannot be there in person, you can Zoom or call in. You’ll find the directions by clicking on the Zoning Board Meeting to be posted on the Borough calendar:

    https://chathamborough.org

    https://chathamborough.org/resident/calendar/zoning-board-2-1692833400

    The Zoning Board has announced that there will be no further official notice of this proposed project.

    * Details about the 0.59-acre property, block 122/lot 2: https://njparcels.com/property/1404/122/2

    ** Exactly what is the applicant proposing to build? To see the complete application, visit the Clerk’s office at Borough Hall, 54 Main Street or click on “Agenda Packet” for the Zoning Board at this link: https://chathamborough.granicus.com/ViewPublisher.php?view_id=1

    Or download the basic application (no exhibits or supporting documents):

    PLANS FOR A CONVENIENCE STORE ON MAIN STREETDownload

    *** What does the applicant need to prove? https://chathamborough.org/boards/zone

    Want more detail? Look at these files:

    2019-Crib-Sheets-BOA-2019-12-22Download
    2019-Crib-Sheets-PB-2019-12-22Download

    Any similar situations?

    Raritan-denialDownload
    Millburn-Resolution-Download

    https://casetext.com/case/financial-services-v-zoning-brd-of-adj

    Millburn-Resolution-Download

    @ Source: “Convenience Stores and Their Communities,” published April 2019 by National Association of Convenience Stores, accessed August 5, 2023 at https://www.lilanduseandzoning.com/wp-content/uploads/sites/128/2020/01/How-Stores-Work.pdf

  • Budget Tricks

    When you pay property taxes to Chatham Borough or Township, approximately two thirds of your tax dollars go to pay 90% of the cost of running the Chatham schools – around $86 million per year.

    That’s a big deal, because how the School Board chooses to spend your tax dollars pretty much determines the quality of education your children get – and the resale value of your house.

    How will the School Board opt to spend your money next year? How much will they raise your property taxes?

    Find out this Monday, April 24, 7:30 pm, when our School Board votes on the 2023/2024 budget.

    Ever wonder who is responsible for making sure our school tax dollars are well spent?

    Certainly not our Chatham Borough and Township officials. Yes, they collect the property taxes, but they have no control over the amount of money that goes to the schools – or how it’s spent.

    Almost equally powerless are Chatham Borough and Township residents. Sure we pay the property taxes, but we have virtually no control over how the School Board spends our money.

    Why? Because we lost control of our schools in 2015, when our School Board decided to stop letting us residents vote on the annual budget.

    (For details, click here: https://chathamchoice.org/2015/10/lost-your-right-to-vote-on-the-school-budget/ or go to the 1 hour 46 minute mark here: https://www.youtube.com/watch?v=Rbel8dtNRMc)

    Since 2015, Chatham parents and residents have had a voice in the operation of our schools only on the rare occasions when the School Board was looking to exceed last year’s budget by more than 2%. That’s rare because the 2% cap excludes certain frequent increases in health and pension costs.

    Result? The Chatham School Board is seldom held accountable to anyone.

    Consider the $86.3 million budget (linked below) that our School Board expects to adopt at its April 24 meeting. That budget fills 103 pages but it isn’t terribly illuminating. (What, for instance, are the “other purchased services” that are up 100% over last year? p. 13, Line 78100)

    Even if there were something dreadful buried in those pages, Chatham residents couldn’t stop it, because the increase over last year’s budget falls under the 2% cap.

    And that cap is elastic. For instance, this year’s proposed budget includes a cap bank, which will allow the School Board to exceed the 2% cap by $1 million next year – without triggering a vote on the budget. (p. 31)

    Most troubling is the way the proposed budget treats capital spending. It shows a “decrease in capital improvements” next year (p. 13), when in reality the School Board plans to raise our property taxes so it can spend an extra $850,000 on security doors. (p. 32)

    The proposal to build security doors falls outside the 2% cap because the School Board has decided to let Chatham residents vote on it next November, along with a proposal to spend an extra $975,000 on full-time teacher’s aides {paraprofessionals.) (p. 33)

    Both of those so-called “second questions” seem like worthy causes. If the School Board cannot cover them in the regular budget, then taking them to the voters in November is the right thing to do. But the way the School Board has done it is wrong.

    Trouble is, the School Board has positioned both proposals as permanent increases in our property taxes, and in the base budget used to calculate the 2% annual increases going forward, which will yield even higher property taxes.

    That may be fine for paying full-time paraprofessionals, because that’s a recurring expense. It is not fine when it comes to installing the security doors, a one-time expense that cannot justify a permanent increase in the school budget.

    What would the School Board do with that money in subsequent years? The second question about the security doors doesn’t say.

    Why would we allow the School Board to raise our taxes permanently by $850,000 (plus 2% annually forever) without explanation?

    That doesn’t seem to comply with NJ Fiscal Accountability law, which forbids using such a proposal to raise money for “any capital outlay(s) necessary for health and safety reasons” Section 6A:23A-12.1 (a)(3) and requires such proposals to be worded clearly, “specifically identifying the program purposes” Section 6A:23A-12.1 (a)(6) https://casetext.com/regulation/new-jersey-administrative-code/title-6a-education/chapter-23a-fiscal-accountability-efficiency-and-budgeting-procedures

    See for yourself here: https://casetext.com/regulation/new-jersey-administrative-code/title-6a-education/chapter-23a-fiscal-accountability-efficiency-and-budgeting-procedures/subchapter-12-tax-levy-growth-limitation-separate-voter-approval/section-6a23a-121-voter-authorization-to-exceed-tax-levy-limitation-separate-proposals

    The solution is for the School Board to edit the second question to make the purpose explicit, fit the security doors into its regular budget, or else simply reframe that proposal as a one-time expenditure.

    If the Board refuses to make that simple correction, we’ll face a tough choice in November: either vote down the security doors or accept a permanent increase in our property taxes for no clear purpose.

    See the proposed budget here:

    SDOC-Preliminary-Printable-Budget-2023-2034.PdfDownload

    You can find budget summaries here:

    https://www.chatham-nj.org/domain/1622

  • Good news about the River Road Project

    Our Borough Council got some good news at its April 10 meeting.

    Retired Bloomfield Fire Captain Robert Penn reported that the apartment project going up on River Road is far safer than he had expected. Check out his words at minute 1:29:28:

    https://chathamborough.granicus.com/MediaPlayer.php?view_id=1&clip_id=123

    With that, Captain Penn put to rest most of the fire safety concerns he had raised at the March 27 Council meeting.

    https://chathamborough.granicus.com/MediaPlayer.php?view_id=1&clip_id=121 Go to minute 1:56:56

    Of course, our volunteer fire fighters are still hobbled by ancient fire trucks and have no good way to put out fires in the growing number of electric cars.

    https://chathamborough.granicus.com/MediaPlayer.php?view_id=1&clip_id=121 Go to minute 53:00

    Priorities & accountability

  • What would you like to see in the center of Chatham Borough?

    Come see what the developer has in mind for Post Office Plaza, and share your views with the Historic Preservation Commission:

    Tuesday March 21, 7:30 pm, Borough Hall, 54 Fairmount Avenue, upper level.

    Here’s what they’re considering:

    2023.2.27-BCUW-Chatham-Council-Meeting-2Download
    8622-1620-Updated-SITE-REV.-2-2-22-2023Download

    https://chathamborough.org/component/dpcalendar/event/historic-preservation-3-1679441400?Itemid=809

  • Priorities & accountability

    UPDATE: Turned out Captain Penn was 100% right about the Borough’s emergency need for new fire vehicles, according to the November. 2023 report by the experts the Council paid to study the issue. On July 8, 2024, the Council voted to spend $1.2 million on a new truck, some 40% more than it would have cost if they’d acted when first alerted to the issue.

    Why would our Chatham Borough Council even consider gifting our River Road PILOT money to anyone when we’re in such desperate need of fire trucks and other necessities?

    That was the elephant in the room at the Monday, 3/13 meeting of our Borough Council.

    River Road

    The elephant got loose during a presentation by a principal of BNE, the developer of the massive, stick-built apartment project going up at the corner of Watchung Avenue and River Road.

    Asked if our volunteer fire department has the equipment, the manpower, and the training necessary to fight a real fire at River Road, the presenter, a principal with the developer, BNE Real Estate Group, said, “Yes, currently Chatham Borough has what they need to fight a fire in that building.” See the video linked below starting about 1:18:00.

    https://chathamborough.granicus.com/MediaPlayer.php?view_id=1&clip_id=119

    Is that true? No.

    Brave, dedicated, and skilled as they are, our volunteer firefighters need more personnel, more training, and far newer fire trucks than Chatham Borough has – or can provide anytime soon, according to longtime, respected Borough resident Robert Penn, a former captain in the Bloomfield Fire Department who worked in the fire service for 44 years and has taught classes in Building Construction and Advanced Firefighting Tactics and Strategy. (Go to minute 37:46 in the following video:0)

    https://chathamborough.granicus.com/MediaPlayer.php?view_id=1&clip_id=106

    Chatham’s fire trucks are so old and obsolete that they pose a risk to the safety of residents and fire fighters alike, says Penn.

    https://patch.com/new-jersey/chatham/fire-safety-concerns-prompt-chatham-resident-call-new-equipment

    In the event of a real fire at the River Road development, our volunteers would have to wait for help from surrounding towns.

    The problem isn’t new or partisan. It dates back at least a decade, when the other political party controlled the Council. It will take years to get the necessary equipment.

    https://www.tapinto.net/towns/chatham/articles/a-firefighter-s-response-to-mathiasen-s-letter-on-post-office-plaza

    https://www.newjerseyhills.com/robert-penn-requests-chatham-look-into-replacing-outdated-apparatus/image_f38c5cac-6f49-5c16-acb2-4ced7f6655ba.html

    https://www.newjerseyhills.com/chatham_courier/news/chatham-to-hire-consultant-to-help-craft-fire-apparatus-replacement-plan/article_1bbc2229-7f63-521e-a17a-a33703f740d9.html

    Popular Borough Council Member Len Resto is working on getting the fire trucks we need. It will cost a bundle. The Council should spend our PILOT money without the informed consent of Chatham residents.

    That the Council would even consider giving away our PILOT money without our consent is mind boggling. It’s a great example of what can happen when we don’t hold our elected representatives accountable for their decisions.

    If the Council explains the situation, and residents vote to give away our PILOT money anyway, that’s their choice. But residents are entitled to know what’s at stake before any decisions are made.

    Check out this letter:

    https://www.tapinto.net/towns/chatham/articles/it-s-our-money-use-borough-pilot-revenues-to-reduce-property-taxes-and-cover-necessities

    For more information, click here:

    https://www.tapinto.net/towns/chatham/articles/chatham-borough-council-do-the-right-thing-concerning-pilot-not-merely-what-s-legally-permissible-or-expedient

  • Do the right thing

    What will Chatham Borough Council do with the Borough’s PILOT revenues from the River Road project?

    Will the Council do the right thing?

    Find out here: https://www.tapinto.net/towns/chatham/articles/it-s-our-money-use-borough-pilot-revenues-to-reduce-property-taxes-and-cover-necessities


    Learn more here: https://www.tapinto.net/towns/chatham/articles/chatham-borough-council-do-the-right-thing-concerning-pilot-not-merely-what-s-legally-permissible-or-expedient

    Attend the 3/13 Council meeting in person or on Zoom here: https://www.chathamborough.org/component/dpcalendar/event/mayor-council-meeting-13-1678750200?Itemid=809

  • How will the recent revaluation affect my property taxes?

    Chatham Borough recently took a fresh look at the market value of taxable real estate in town as of October 1, 2022.

    We’ve all seen the results: significant increases in the assessed values the Borough will use to calculate our property taxes.

    Will those higher assessed values mean higher property taxes?

    What do soaring property values portend for taxpayers?

    Not necessarily. The Borough revaluation shouldn’t increase your property tax bill unless the value of you property has risen faster than the total value of taxable real estate in Chatham Borough – the tax base.

    You can estimate the actual effect of the reassessment on your property using this handy online calculator provided by the firm doing the reassessment: http://asinj.com/revaluation/docs/taximpact/443/Chatham%202023%20Revaluation%20Tax%20Worksheet.pdf

    The calculator is easy to use:

    Just fill in Boxes A and B with the values shown in your reassessment letter and last tax bill. The calculator will do the rest, comparing the change in the value of your property with the change in the value of all taxable property in the Borough, and using the estimated new tax rate in Box E – 1.488% – to predict how much your property tax bill will go up or down. The answer will appear in Box H.

    Beware: The result you see in Box H paints a rosy and misleading picture.

    Your actual tax bill will probably increase a good bit more than the calculator indicates in Box H, because the estimated 1.488% property tax rate shown in Box E is almost certainly too low.

    The new tax rate estimate shown in Box E is probably too low, because it does not take into account likely looming increases in this year’s local budgets.

    How do we know the new estimated tax rate doesn’t take into account those looming local budget increases? The proof is in last line, below the calculator, where it says the estimated 1.488% tax rate in Box E assumes our Borough and School District budgets will stay at 2022 levels.

    Fat chance. Both the Borough Council and the School Board are fixing to increase their spending in ways that will probably mean significantly higher property tax bills all around.

    While it’s certainly possible that the Council and School Board really do need more money to fulfill their respective missions, we shouldn’t blindly accept annual tax increases. They should go through normal channels and ask taxpayers for what they need

    The Borough Council could even REDUCE our property taxes simply by: 1) increasing the tax base (for instance selling excess tax exempt Borough real estate); 2) using the proceeds for urgent needs like a new fire truck; 3) using new sources of revenue (like the PILOT payments) for other absolute necessities (like affordable housing at Post Office Plaza); 4) putting off spending on inessentials; and 5) flatly refusing to make outright gifts using taxpayer funds.

    Instead, some Council members seem bent on doing just the opposite, which will make your property taxes continue to increase.

    For instance, some members of our Council aim to gift a portion of the Borough’s PILOT revenues to the School District.

    With so many pressing demands on our Borough funds, you really have to wonder why any Council member would even consider giving away Borough money – especially to an entity like the School District, which already has far greater resources than does the Borough.

    The reasons offered for that gift are based on myths:

    MYTH: The PILOT payments are “found money” – extra funds for the Council to spend as it pleases.

    FACT: The PILOT payments are Borough assets, property of the taxpayers.

    We earned that PILOT money by granting the developer a property tax exemption for 30 years. Though the Council is free to spend -or squander – that money on pet projects and discretionary gifts, that isn’t the right thing to do.

    The right thing for the Council to do is to use the PILOT money with the same care and discretion they would if the developer were required to pay full property taxes.

    https://www.tapinto.net/towns/chatham/articles/chatham-borough-council-do-the-right-thing-concerning-pilot-not-merely-what-s-legally-permissible-or-expedient

    If that PILOT money were from normal property taxes, the Council couldn’t spend it on a whim. By law, the Council would get only 102% of what it got last year – plus enough to cover certain exceptional expenses. The Council would be required to use the balance of the funds to lighten our property tax burden.

    That is exactly how the Council should use the PILOT money – unless we residents and taxpayers agree otherwise.

    MYTH: Right or no right, the School District DESERVES a portion of the River Road PILOT payments, because it would have been entitled to a portion if the Council were collecting real property taxes on the project.

    FACT: Even if the River Road developer were paying full property taxes, the School District would NOT be entitled to a portion of the additional property taxes collected.

    Why? The School District’s share of our property taxes is NOT based on the amount collected. No matter how much – or little – the Borough collects in property taxes, the School District gets the same amount: 102% of what it got last year, plus enough to cover certain extra expenses. The Borough Council has NO OBLIGATION to give the District any extra property tax funds.

    MYTH: Even if the School District isn’t automatically entitled to a portion of the PILOT payments from River Road, it should get a portion, to make up for the additional cost of educating school children who will move into the River Road development.

    FACT: The prospect of additional school children does NOT entitle the School District to any additional funding from property taxes

    Higher district-wide enrollment might get the School District of the Chathams a little more state aid, but that’s a drop in the bucket, making up only about 5% of our School District’s nearly $85.6 million budget for the current 2022-2023 school year.

    Whether school enrollment skyrockets or plummets, the Chatham School District is entitled to the same 102% of what it got from property taxes last year, along with enough money to cover certain exempt expenses.

    And in the Chathams, enrollment isn’t increasing. It’s falling. It has been falling for years, and the Superintendent has predicted it will continue to fall until at least 2029.

    When even an increase in overall, district-wide enrollment wouldn’t entitle the School District to any additional school property taxes, a few more children in the River Road developmentcannot justify arbitrarily gifting a share of the Borough’s own PILOT revenues.

    MYTH: If the Borough doesn’t choose to share its PILOT payments with the School District, our schools will suffer.

    FACT: The School District of the Chathams is pretty well insulated from financial pressure. Its budget tops $85 million – more than twice that of the Borough and Township combined – and the District enjoys an absolute right to local property tax funding in the amount of 102% of what it got from Borough and Township property taxes the year before, plus enough to pay certain other expenses, totaling approximately 90% of its annual budget, and our School District also routinely qualifies for state and federal aid.

    Is it possible that our School District nonetheless really needs even more local funding than it’s already guaranteed by NJ law. Yes, sure.

    If the School Board does in fact need more money to run the schools, it can and should get the necessary funds directly from the taxpayers, in a referendum or second question, same as Westfield’s school board is doing: https://www.tapinto.net/towns/westfield/sections/education/articles/westfield-schools-early-budget-figures-above-nj-s-cap-voters-will-choose

    For the Borough to simply give away much-needed Borough PILOT money to the School District would be like giving away New Jersey tax dollars to the U.S. Department of Defense – a far bigger entity with its own funding source.

    MYTH: Giving PILOT money to the Schoool District would force the developer to pay its fair share of school costs.

    FACT: Gifting PILOT money to the District would have NO effect on the developer.

    All that gift would do is deprive Borough taxpayers of our chance to use the funds for urgent necessities like a new fire truck – or perhaps a tax break.

    There is no justification for the Council to simply gift our PILOT funds to the School District, and darn good reasons not to make such gifts: Not only would it be financially irresponsible, it would also be tantamount to an end run around School District parents and residents. Such gifts would raise the specter of partisan meddling in our schools.

    Even a small gift to the School District would establish a dangerous precedent, and the dollar amount could be adjusted upward each year, as former Borough engineer Vince Denave noted at a 2021 Town Hall.

    If the Council is considering take such risks, it should explain why – and get the informed consent of residents BEFORE making any decisions.

  • Take the high road

    The Chatham Borough Council is drooling over the prospect of getting millions in PILOT revenue from the massive, 259-unit rental housing project under construction on River Road.

    Those PILOT revenues rightfully belong to the taxpayers of Chatham Borough.

    Our Borough Council should use the taxpayers’ PILOT money to lighten our tax burden, not to wield more power.

    If the River Road project were subject to regular property taxes, it would increase the Borough’s tax base, possibly reducing our property taxes.

    But the BOE wouldn’t get any of that additional tax revenue – not unless the taxpayers voted to give it to them.

    That’s exactly what the Council should do with the PILOT payments.

    Instead, the Borough Council is negotiating to allocate some of the PILOT money outside normal channels and without public scrutiny or consent.

    That prospect doesn’t sit well with longtime Borough resident Bill Heap, a respected Planning Board member and successful businessman.

    “PILOT money is our money, and you have an obligation to be transparent,” Mr. Heap told the Borough Council on Jan 23, urging them to run the decision by voters, at minute 36:05: https://chathamborough.granicus.com/MediaPlayer.php?view_id=1&clip_id=106

    But so far, the Council seems bent on simply divvying up the taxpayers’ PILOT money in the back room and without public scrutiny.

    For instance, they’re prepared to hand over some of the taxpayers’ PILOT money to the School Board.

    That would be bad for Chatham Borough and for the School Board.

    It would deprive the Borough of funds it needs to meet absolute necessities, like new fire apparatus.

    Gifting Borough funds to the School District could leave the School Board beholden to the Council and ensnare our schools in party politics.

    Our School Board shouldn’t put itself in that position. The School Board already has ways to get all the money it needs.

    Even with declining enrollment, the School Board automatically gets 102% of last year’s budget, plus whatever it takes to meet certain other expenses.

    With school parents making up the biggest voting block, the School Board can raise additional funds simply asking the taxpayers to vote on that by the normal, aboveboard process of referendum or second question.

    Here’s how Bill Heap explained the issue at the December 12 School Board meeting, at minutes 2:27:29 and 2:50:20:

    You think that simply giving PILOT payments to the Board of Ed might reduce our property taxes? No. It wouldn’t reduce our taxes at all.

    The Board of Ed would get the PILOT money ON TOP of AT LEAST 102% of last year’s school budget, to which they’re entitled by law.

    What’s more, at least half of any PILOT funds given to the schools would, in effect, benefit nearby Chatham Township, though it bears none of the burdens associated with the River Road project.

    Bill Heap’s argument against allocating PILOT money to the Chatham schools without public consent has the support of Stewart Carr, a civic-minded, longtime Township resident and registered municipal advisor.

    Mr. Carr has urged the Board of Ed to “take the high road and not ask the municipality for extra [PILOT] money, but rather ask the taxpayers directly for that money.”

    Check out this clip from the Feb 6 meeting of the BOE, at minute 1:26:31

    Chathamites who are in-the-know agree that the Borough Council should not spend the PILOT money without the approval of residents:

    Do you approve of the Council’s plans to divvy up the PILOT money without consulting the public?

    Would you prefer that the Borough Council let us decide how to use our money – or simply use it to reduce taxes?

    Don’t wait until it’s a done deal!

    Come to the Borough Council meetings on Feb. 13, and Feb. 27, 2023 at 7:30 PM, Borough Hall, upper level, 54 Fairmount Avenue.

    Also tell the Mayor & Council here: https://chathamborough.org/government/mayor

    Tell the School Board here: https://www.chatham-nj.org/page/63