Lawyer for bars warns Morristown council against restrictions

Councilman Michael Elms, left, and Council Vice President Stefan Armington. Photo by Kevin Coughlin
Councilman Michael Elms, left, and Council Vice President Stefan Armington. Photo by Kevin Coughlin
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By Kevin Coughlin

An attorney representing Morristown bars warned the town council on Tuesday that it would risk costly lawsuits if it enacts new bar regulations.

“Such a result would not benefit the town, or its taxpayers, which include the business community,” said John Visconi, a Newark-based attorney who said he represents the Morris Licensed Beverage Association.

His remarks came early in a busy meeting that saw introductions of the 2016 town budget and an ordinance banning bicycles from downtown sidewalks, plus some hires and promotions, a controversial zoning board appointment, and a new development in the Foote’s Pond dredging saga.

A BAR IS A BAR IS A BAR?

Bars and restaurants are big reasons for Morristown’s downtown “Renaissance and its unprecedented growth,” Visconi, from the firm of McElroy, Deutsch, Mulvaney and Carpenter, told the council.

Councilman Michael Elms, left, and Council Vice President Stefan Armington. Photo by Kevin Coughlin
Councilman Michael Elms, left, and Council Vice President Stefan Armington. Photo by Kevin Coughlin

The lawyer voiced concerns about a measure pulled from the council meeting agenda on April 12, 2016, which “would have amended town land use and [state alcoholic beverage] regulations as they relate to bars, nightclubs and restaurants.”

Actually, the council is contemplating two bar-related ordinances; it was not clear to which one Visconi was referring.  A call to his office was not returned on Wednesday.

Visconi also did not identify which bars are members of the association. Records show the organization is a nonprofit established last year, with a post office box in Florham Park. The principals are not listed.

One measure percolating with the council would clarify definitions of bars and restaurants, which are not differentiated by the town’s zoning laws. Some residents contend it’s too easy for bars to portray themselves as restaurants when seeking municipal approvals.

The other ordinance would redefine “expansions” of liquor licenses, to ensure they are limited to contiguous properties. Earlier this month, the council approved the Tashmoo Bar & Restaurant’s plans for two detached structures to share the same liquor license.

Visconi asked for the association to be included if the council follows through on Councilwoman Michelle Dupree Harris’ call for a special meeting about re-defining restaurants and bars.

“The proposed ordinance threatens the livelihood of … restaurants and bars, and the positive impacts they have on numerous surrounding businesses, including taxi and Uber services, eating establishments that are open late, such as diners, pizza parlors and delivery services, and the business community in Morristown as a whole,” he said.

The association also wishes to address a resident’s study detailing 18 months of bar-related police reports, Visconi said.

Council President Stefan Armington said ordinance details are being negotiated with the Morristown Partnership, which represents downtown businesses. He advised Visconi to direct his comments there.

In an interview with Morristown Green, Armington said those talks already have convinced him to spike a passage that would have banned new bars within 200 feet of residences. So many Morristown establishments have apartments above them that this stipulation would have prohibited any bars in town, Armington conceded.

The issue of liquor license “expansions” presents a delicate balancing act, added Armington. Without regulations, he said, there could be a proliferation of bars that far exceeds the actual number of liquor licenses issued by the town, he said.

“We’re about at the peak, where the concentration of bars is at capacity,” the council president said.

It may be awhile, however, before either ordinance is ready for introduction. Town lawyers must determine whether these laws can withstand inevitable legal challenges, Armington said.

And defining bars and restaurants is tricky. By one test, he said, a place might be considered a restaurant if its quarterly sales of food exceed its quarterly sales of alcohol.

But what about high-end establishments like Roots, the Grand Café and the Jockey Hollow Bar & Kitchen, where patrons might order a $100 bottle of wine with dinner?  Would such sales skew the equation, subjecting these dining venues to rules aimed at bars? Armington asked.

“Whatever we do, we’re going to get challenged,” he said. “That’s fine–as long as our attorneys believe we’ll win.”

IN OTHER BUSINESS…

Mayor Tim Dougherty presented a $52.1 million budget that would reduce local taxes slightly. It was introduced unanimously by the council, with a public hearing scheduled for May 26, 2016.

The council also voted 6-0 to ban anyone over age 11 from bicycling on sidewalks along portions of  South and Washington streets, and Speedwell and Morris avenues. (Councilwoman Alison Deeb was absent.) The ordinance is up for adoption on May 10, 2016.

Landscape architect Ken Smith
Landscape architect Ken Smith

Anthony DeVizio, a 13-year town employee, unanimously was promoted to succeed town Engineer Jeff Hartke, who retired last year.

Unanimous votes also approved a $30,000 contract for Direct Development, a public relations firm from Monmouth County, and a $25,000 contract for landscape architect Ken Smith of New York to design a public park for Phase Two of the Speedwell Avenue redevelopment.

Smith already is helping to re-design Pioneer Park at Headquarters Plaza. He will be paid for the Speedwell project by its developer, said town Planner Phil Abramson.  

MUSICAL CHAIRS

Earlier this month, the council raised some eyebrows by appointing newcomer Justin Davis–who narrowly lost a council bid last fall–to fill an unexpired term on what arguably is the toughest volunteer job in town hall: The zoning board.

Justin Davis
Justin Davis

The appointment was a slap in the face to Scott Wild, a First Alternate on the board who has attended numerous meetings, patiently hearing lawyers and residents argue arcane points past midnight.

To his credit, Davis declined the appointment — Mayor Tim Dougherty praised his “professionalism”– and indicated he would prefer to pay his dues as an alternate member whenever a slot opened up.

And so the council on Tuesday promoted Wild to the unexpired term as a full-fledged board member.

Both the Mayor–a former zoning board chairman– and Council President Armington asserted that protocol, and fairness, dictated that Second Alternate Susan Glover be promoted next, to the First Alternate seat vacated by Wild.

Scott Wild, center, and Susan Glover, with Michael Schmidt on zoning board, December 2015. Photo by Kevin Coughlin
Scott Wild, center, and Susan Glover, with Michael Schmidt on zoning board, December 2015. Photo by Kevin Coughlin

Which, in turn, would open Glover’s Second Alternate seat for Davis.

But this time, Glover got leap-frogged by Davis.

Councilwoman Michelle Dupree Harris nominated Davis as First Alternate. And his nomination came up for a vote ahead of Glover’s nomination, because such things are done alphabetically.

Council members Harris, Toshiba Foster and Hiliari Davis (no relation to Justin) voted for Justin Davis;  Armington and Bob Iannaccone voted no. Michael Elms abstained.

Three votes were enough to make Justin Davis a First Alternate, ahead of Glover, who joined the board last year.

Councilwoman Michelle Dupree Harris. Photo by Kevin Coughlin
Councilwoman Michelle Dupree Harris. Photo by Kevin Coughlin

“When you join the board as a first- or second alternate, the assumption is you will move up,” Armington said. Bypassing alternates for promotion will make recruitment harder, he said.

Asked afterward why she nominated Justin Davis for First Alternate, Councilwoman Harris said Davis had phoned to solicit her support.

“I never heard from Ms. Glover,” Harris said.

FOOTE’S POND

The Mayor said he is asking the town Environmental Commission to recommend a course of action for Foote’s Pond.

Councilwoman Alison Deeb and residents who live near the 14-acre James Street property have been prodding the Administration to dredge the shallow pond, which minimizes local flooding by retaining storm water.

footes pond jan 2011
Foote’s Pond in Morristown, January 2011. Photo by Bill Lescohier

Marie G. Foote donated the pond to the town in 1942 for use as a park and playground, according to the Mayor.  A children’s museum and bird sanctuary were among uses proposed for the property over the years.

With a grant from the Dodge Foundation, the town hired Princeton Hydro in 2009 to study the site, and the effects of contamination and potential dredging.

Disposal of tainted soil would push dredging costs to $600,000 or $700,000, the consultant estimated at the time.

In a letter to the commission, Dougherty has asked the volunteers to work with town Administrator Jillian Barrett to review prior tests and reports; calculate costs of retesting, dredging and removing contaminated soil; and to “determine whether the solutions are temporary or permanent.”

 

 

 

 

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