Board of Education Members Told It Was 'Inappropriate' to Question Council on PILOT, Field-Use Talks

At the July 21 Township Council meeting in Berkeley Heights, two Board of Education members were told by Councilwoman Margaret Illis that it was inappropriate for them to raise questions about payment-in-lieu-of-taxes (PILOT) agreements and a shared-services agreement covering athletic fields during public comment.

Board of Education Vice President Natasha Joly and board member Sai Akiri each spoke during public comment periods, identifying themselves as both school officials and township taxpayers. Illis maintained that questions tied to the school district's potential financial interests were not appropriate for sitting board members to raise. Neither the council nor Township Attorney Scott Salmon cited a specific statute when directly challenged.

Joly first asked for an update on the Lower Columbia Field project. She then questioned whether a closed-session agenda item labeled "shared services negotiations" referred to the township-district agreement governing field maintenance. Township Business Administrator Liza Viana explained the item stemmed from a Department of Environmental Protection communication raising concerns about whether the existing shared-services agreement adequately indemnified the DEP and restricted field-use priorities between residents and non-residents.

Viana provided a status report on Lower Columbia Field, noting it remains in the design phase. Harbor Consultants presented plans to the Planning Board on April 8. The Recreation Commission contracted with Harbor in fall 2025 for roughly $32,000 in engineering and planning work, with approximately $18,000 paid to date for site survey work completed between September 2025 and March 2026.

Joly then asked whether Terrace II, a 33-unit redevelopment project, had filed for a PILOT agreement. Before she could finish, she was asked whether it was appropriate for her, as board vice president, to raise the topic. Joly responded she was also a taxpayer and was not asking about confidential matters.

Later, Akiri raised a related question about Terrace II, referencing public messaging pointing toward PILOT status, and asked whether the school district would be included in future discussions. When told her question was inappropriate, Akiri pushed back, arguing her standing as a resident with no formal authority outside a quorum was distinct from her board position. She asked Council President Foster to identify the specific law preventing her question.

Salmon referred to the school board's code of ethics, and Akiri asked which specific provision she had violated. Neither Foster nor Salmon cited a specific provision of the School Ethics Act or an ethics commission decision that would have prohibited her question.

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FAQ

Q: What questions did the Board of Education members raise?
A: Vice President Natasha Joly asked about the Lower Columbia Field project status and whether a "shared services negotiations" agenda item referred to the township-district field-maintenance agreement. She also asked if Terrace II had filed for a PILOT agreement. Board member Sai Akiri asked about Terrace II's PILOT status and whether the school district would be included in future discussions.

Q: Why were they told to stop questioning?
A: Councilwoman Margaret Illis stated it was inappropriate for sitting board members to raise questions about matters tied to the school district's potential financial interests, citing ethical concerns.

Q: Did the council cite specific laws preventing the questions?
A: No. When asked to identify a specific statute, neither the council nor Township Attorney Scott Salmon cited a specific law or ethics commission decision. Salmon referred to the school board's code of ethics, but neither he nor Council President Foster identified a specific provision when directly challenged.

Q: What is a PILOT agreement?
A: A PILOT (payment-in-lieu-of-taxes) agreement is an arrangement where a developer makes payments to a municipality in lieu of standard property taxes, often used in redevelopment projects.

Q: What is the shared-services agreement about fields?
A: The agreement governs field maintenance between the township and school district. The Department of Environmental Protection raised concerns about whether it adequately indemnified the DEP and properly addressed field-use priorities between residents and non-residents.

Q: What is the status of Lower Columbia Field?
A: The project remains in design phase. Harbor Consultants presented plans to the Planning Board on April 8. The Recreation Commission contracted with Harbor in fall 2025 for $32,000 in engineering and planning work, with approximately $18,000 paid to date for site survey work completed between September 2025 and March 2026.

Q: What is Terrace II?
A: Terrace II is a 33-unit redevelopment project in Berkeley Heights.

Q: Where can I find more Berkeley Heights government news?
A: Union County Life covers Berkeley Heights government, schools, and community news. Subscribe to the Berkeley Heights newsletter or visit unioncountylife.com for updates.