My Turn by Harvey Roseff
Spending in Byram must be reigned in A most amazing thing happened in Byram on Feb. 7. After being advised that a proposed ordinance to circumvent the spending cap limit was worded improperly, Byram did not ask for legal review. In a tight 3-2 vote, Byram then voted to increase the town's 2012 spending limit to 3.5 percent. The drug of increased spending, with its eventual higher tax takings, overrode clear, prudent lawmaking. Byram Ordinance 1-2012 states a $292,918 increase above the otherwise permitted cap threshold for the appropriations budget. This same number is also stated for the overall increase. Obviously it cant be both – and one number is not permitted by N.J.S.A. 40A:4-45.14. Since 2003, when N.J.S.A. 40A:4-1 permitted the circumvention of the appropriations cap limit, Byram has voted an ordinance to allow itself to do so. During good economic times or bad, Byram has chosen to circumvent the budget cap by ordinance. This is not the governing resolve and spending rigor that respects the taxpayer. Should we be concerned about the legislation situation – whether to follow paragraph four or six of Byram Ordinance 1-2012? Or should we be concerned about the governing process, in these economically difficult times, choosing to excessively grab for taxpayer money? The strong, clear beautifully stated policy of N.J.S.A. 40A:4-1 et seq. should guide us. Byrams response was that it has been doing it this way for years. Yes, both cap busting spending and incorrect ordinances have been the norm. And each time, Byram never considered allowing the public a referendum on higher spending - something the law explicitly permits. The budget statutes wonderfully worded policy statement (40A:4-45.1) defiantly declares: that the spiraling cost of local government must be controlled to protect the homeowners of the State and enable them to maintain their homesteads. That is the mandate. It then also states: At the same time the Legislature recognizes that local government cannot be constrained to the point that it is impossible to provide necessary services to its residents. That is the exception. Yet, for ten consecutive years, the optional exception of a raised cap limit has ruled in Byram. Worse yet, the Byram council feeds their addiction to higher than mandated budget limits without once putting it to a voter referendum. Impossible is a strong word. An impossible situation requires that extraordinary, unforeseen costs occur. Impossible has not visited Byram each and every year since 2003. This management tool has been abused and is a major enabler of ever higher Byram taxation. Necessary is also a strong word. At this same town council meeting, Byram reviewed spending to build a new park and ballfields whose maintenance cost will be competing with security, road repair and government employee salaries. Are more ballfields necessary when Byram has for a decade passed ordinances to circumvent the budget cap? Byram once wrote these ordinances correctly. However, we need to return to more than just that. We need to return to earlier eras of fiscal prudence and taxpayer respect. New Jersey should stop trying to be number one in the country for median property taxes. Let's have a referendum on higher spending.