NJ21st Launches Initiative Seeking to Partner With Berkeley Heights Mayor and Town Council to Make Education More Sustainable for the Children of Berkeley Heights

Update on 02/20/2026 @ 1:30pm- The draft ordinance has been tweaked to incorporate community feedback:
In the third version:
 The following changes were made so that the ordinance is more consistent with the state senate bill:

Swapped  BHPS ACFR cost-per-pupil to “Base Per Pupil Amount” so the formulas between the bill and ordinance connect

changed  “BHPS students” to school-age children in the project – same reason

Added a Special Projects Alternative (in Senate bill) allowing for in-kind projects instead of cash, but only if valued/scheduled/enforceable in agreement and publicly disclosed.

Update on 02/20/2026 @ 12:21pm- The draft ordinance has been tweaked to incorporate community feedback:

In the new version:

The town still calculates the payment but for new pilots the developer pays a separate education impact fee as a condition of pilot approval

The developer payment is separate from the pilot annual charge

The township fallback is more narrow

Adds intent language that the obligation is to the developer

Original Article:

The following is an email sent from NJ21st to the Mayor, Town Council and BHPSNJ BOE and Administration with two practical solutions to the funding issues facing our District.

Whether you support the referendum or not, these proposed ordinances represent long term solutions that increase sustainability – ensuring our students have schools that are funded properly.

If the Township or its Vendors claim financial hardship, we are certain there are members of the community who are ready and able to provide them forms to government assistance programs in a very public manner and encourage them to get on board – this effort requires all of our participation.

If they claim they already have so much to pay for then let them know “so do working families and we are all in this together!”

If they say some vendors contribute something let them know “working families in this community also support the town and the district with tax dollars, also donate and are being asked to support the referendum!”

If they say there is already pending litigation to address them let them know that the legislation they are referring to has not moved in 10 years largely due to the League of Municipalities – an organization our township is a member of. We need our Township to act with the same urgency and make the same sacrifices we are asking seniors and working families to make.

This is a team effort, right?

We are all in this together…..right?

NJ21st is doing it’s part and has drafted two Ordinances ready to get voted on and is willing to work with the Township and District to iron out any obstacles within the language to get them passed.

We are also ready and willing to help the District design signage for the busses and school grounds to inform residents of the extremely important initiative.

Letter to the Mayor and Town Council:

Mayor Devanney and Members of the Berkeley Heights Town Council,

As several of you have spoken for the need for facility improvements (which we all agree with) and have advertised and promoted events informing residents of the community about the referendum, I wanted to share some exciting news. We have drafted two ordinances that allow the Council and the vendors it hires to take part in the effort you and the District have asked working families to commit to.

As Ms. Poage has a background in education and has been vocal on the need to support our schools we would be honored to see her introduce these two ordinances during the next Council Meeting.

As Ms. Stanley has been such a strong advocate in asking the families of this community to support the referendum and our schools we would expect her to be as vocal in her support of this bill that holds pilot dollars accountable and ensures that our schools, not just political campaigns, benefit from the lucrative contracts developers receive.

I have included Ms. Peer of TapInto so that she can publicize this exciting new opportunity for partnership between the school district and township.

The first ordinance works to ensure that students in PILOT Developments have their educations adequately funded by the money the township obtains from the Developers profiting from these developments and accomplishes the following:

-Creates a required annual Township-to-BHPS payment tied to students living in residential PILOT developments who attend BHPS

-Uses a set formula: (# BHPS students in PILOTs) × (BHPS ACFR cost-per-pupil)

-Requires BHPS to certify student counts each year by a fixed date, and requires the Township CFO to calculate the amount by a fixed date

-Requires the municipal budget to include a dedicated line item for the payment and requires Council action to fund it to the fullest extent permitted by law

-Sets a fixed payment schedule (two installments) once the appropriation is in the adopted budget

-Requires annual public reporting (counts, cost-per-pupil used, calculated amount, amount appropriated, amounts paid, and any shortfall explanation)

-Adds a PILOT-agreement “acknowledgment” clause for all future residential PILOTs/amendments requiring cooperation (occupancy data, notices) and clear disclosure that the ordinance applies

-Includes severability and “closest lawful alternative” language so the Township must still implement the intent even if one mechanism is challenged

The second ordinance seeks to ensure that vendors profiting from our tax dollars who donate to political campaigns and committees support our schools as a mechanism to develop relationships with the people that live here and accomplishes the following:

-Requires vendors seeking/holding Township contracts to disclose reportable political contributions for the prior 12 months

-Requires sworn certifications that disclosures are complete and that the vendor is complying with applicable procurement/pay-to-play rules

-Creates a mandatory Vendor Education Support Choice Form where the vendor must check either “elect to pledge” or “decline,” for that calendar year

-Makes clear the pledge is voluntary and declining cannot affect eligibility, scoring, award, renewal, payment, or performance

-If a vendor elects to pledge, the suggested pledge amount is 5% of disclosed contributions, limited to once per year

-Requires the Township to keep records of vendors who elect and vendors who decline, via an Education Support Election Registry and retained forms

-Requires quarterly public reporting: vendor name, contract info, elect/decline status, and if elected, pledge amount and whether/when received

-Allows the Township Attorney to ensure payments (if elected) go to a legally permissible education-support recipient/mechanism

Ordinance Allowing for PILOT Dollars to go to Our Schools (draft v3)

Ordinance that tracks whether Township vendors who make political contributions donate to our schools (draft)

So excited to work together on this for the benefit of our schools.

John Migueis
Nj21st