From school tents to chicken coops: Morristown council wrestles with problems of pandemic proportions

Morristown Council hears Stirling Tavern liquor license expansion, via Zoom, before regular meeting, Aug. 11, 2020. Screen capture by Kevin Coughlin
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Schools in Morristown should not encounter much red tape if they attempt to erect temporary outdoor facilities for enhanced social distancing this fall.

Following its summer playbook for expedited outdoor dining approvals, the town council on Tuesday voted 6-0 to streamline the process for schools, too.

The vote came during a busy virtual meeting on the town’s first day with full electric service since Tropical Storm Isaias blew through one week earlier, knocking out power for thousands in Greater Morristown.

“If I had to listen to another day of a generator, I think I would have went out of my mind,” said Mayor Tim Dougherty, whose electricity was not restored until Sunday night.

The mayor praised residents for their resilience, thanked Verizon for helping replace downed utility poles, and lauded repair crews from West Virginia and Pennsylvania. Refraining from joining a chorus of critics blasting Jersey Central Power & Light, he took aim instead at internet providers Cablevision and Fios for their ongoing outages.

“Under COVID-19, people are forced to work from home. They need their internet service,” Dougherty said, urging disgruntled residents to complain to the state Board of Public Utilities.

The pandemic is taking a toll on Morristown restaurants as well. A few have closed, and more may follow if the state does not allow indoor dining when the cold weather comes. The mayor and council were sympathetic, but Dougherty said he supports Gov. Phil Murphy’s guidance.

“I know the restaurants are hurting,” the mayor said. “But he’s doing what he thinks is best for the state and residents of New Jersey…this is an unprecedented pandemic.”

Councilman David Silva reported stepped-up police patrols and more surveillance cameras in the Manahan Village public housing development, where residents have complained about public drinking and pot-smoking, loud outdoor barbecues and other disturbances during the health crisis.

The Morristown Housing Authority is threatening to evict tenants who repeatedly break the rules, said Silva, council liaison to the MHA.

Council members also heard a resident plead with them to shut down a sober-living facility that has continued operating in a residential neighborhood while the pandemic delays legal proceedings against it. Another resident beseeched the governing body to let him keep his chicken coop, to help feed his family.

Separately, an ordinance introduced on Tuesday will cost you more if your car gets towed. Council members made some noise about the town’s noise ordinance. And, in a prequel to the regular meeting, the council approved a liquor license expansion for the Stirling Tavern.

TENT-ROOM CLASSES

The Red Oaks School and the Peck School, both private institutions, contacted Morristown officials about erecting temporary facilities on their grounds, town Administrator Jillian Barrick told the council.

Tents or mobile structures will be vetted by appropriate town departments for safety and adherence to building codes, but lengthy zoning hearings will be waived,  according to the resolution approved unanimously by the council. (Councilman Michael Elms was absent from the virtual meeting.)

These temporary school facilities may be used for classes and lunch services, but not for offices or auditorium functions.  As a courtesy, neighbors will be notified when the schools submit applications to the town, said town Attorney Vij Pawar.

The special use permits will expire on Dec. 31, 2020.

SHADY LANE SAGA ON HOLD

Resident Patrick Housel expressed concerns that a prolonged pandemic could enable a sober-living facility to continue operating in the Shady Lane neighborhood indefinitely.  The town cited the owner in May for violating residential zoning, but the coronavirus has forced postponement of municipal trials.  A Tuesday hearing was pushed to mid-September.

Couldn’t the town seek a cease-and-desist order? asked Councilman Robert Iannaccone, whose First Ward includes Shady Lane.

Morristown could go to Superior Court, replied Pawar, the town attorney. But the case probably would get kicked back to municipal court, he said.

Both sides agree this is a legal question, with no disputed facts and no need for witnesses, so a municipal judge may have authority to decide the case based on written arguments, Pawar told the council.

CHICKEN FIGHT

More than 2,000 people have signed online petitions supporting Peter Sudol’s bid to update a 1980 ordinance so he can keep four hens in his backyard.

But the opinion that matters most to the council is the town health department’s.

“If the health department believes there is no issue, maybe we could consider a change. But we have to defer to the health department,” said Armington, the council president.

Sudol, who lives on densely-packed Catherine Lane, has been cited for violating a local law that bans chicken coops within 50 feet of a property line. Several other towns have modernized their chicken ordinances, he said, asking the council to make him a pilot project for six months or a year.

“There are no roosters. They’re the ones make the noise. I would like to provide food for my family. I lost my job in March to the coronavirus once, and might lose it again,” said Sudol, who insists his “pets” are quiet, clean and lay eggs he can share with neighbors.

Yet an anonymous neighbor complained.  Chicken coops smell bad if not properly maintained, and can attract rodents, said Barrick, the town administrator.

“This came up a few years ago… at that time, the health department did not recommend a change to the ordinance,” she said.

If Sudol does not remove his hens later this month, he will land in court.

PIPE DOWN, PLEASE!

Another animated discussion concerned whether the town should invest in decibel meters and special training for police to enforce the municipal noise ordinance. Presently, police make subjective judgments when answering noise complaints.

The mayor suggested this gives the town more leeway to remedy noisy situations: If cops were obliged to adhere to decibel readings, their hands would be tied when readings came in below actionable levels.

Council President Stefan Armington suggested the matter merits study as more apartments open downtown, near the bar scene. Dougherty said police will provide data on noise complaints, to assist the council.

TOWING RATES ARE GOING UP

It’s going to cost you more if your car gets towed, under an ordinance introduced by the council.

If police call for a tow truck, or your car is towed or hauled from a private parking area, you will be on the hook for $150, if the council adopts the measure next month.

Morristown Auto Body seeks the increase, the first one in several years, Barrick said. Morris Township and other area towns have approved the new rates, she said. The administrator could not supply current rates to the council; she pledged to do so at the Sept. 8 meeting.

Under the proposed ordinance, towing of vehicles weighing five- to 13 tons will cost $280; for heavier vehicles, it will be $475 per hour, with a one-hour minimum.

“Special services” such as “winching and/or other preparation” will tack on another $240 per hour (minimum charge: half hour).  “Additional labor” is $120/hour (half hour minimum). “Heavy duty winching and recovery” will be $550/hour (half hour minimum).

“Post-accident services” including “physical inspection, telephone and/or fax calls, removal of personal items and additional paperwork,” may be billed at half the towing rate. The same amount will be charged to tow the vehicle from the tower’s storage area.

Vehicles not claimed within 12 hours will be charged daily storage fees ranging from $45 to $225, depending on the vehicle size.

IN OTHER BUSINESS…

The council took a step towards connecting the historic Morristown Green and the train station, by approving a $217,454 contract with the firm NV5.

It’s for preliminary engineering of Spring Street improvements outlined in a federal grant received in 2016. The project includes streetscape work intended to enhance pedestrian safety and connectivity along Spring Street between Speedwell Avenue and Morris Street.

These plans also call for traffic signal improvements at Martin Luther King Avenue and Spring Street, signage along Spring and Morris to the train Station, and sidewalk improvements along Water Street to access to the Green, according to the resolution.

The NV5 contract is federally funded, according to the resolution.

AA Berms LLC of Belleville came in with the low bid of $129,142 to install four spectator bleachers, along with other improvements, at George Gramby Memorial Park.

And Ralph Checchio Inc. of Scotch Plains was awarded an $81,071 contract as low bidder to repair and resurface the Jacob Ford and Ligerwood basketball courts.

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