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Aug 06, 2023

Morristown leaf blower ban going to voters; train station development finally advances, while tax revaluation is extended

The Morristown council, which only meets once in August, crammed about a month’s work of business — and fireworks–into Tuesday’s three-hour hybrid session. Highlights:

The proposed ban would allow gas-powered leaf blowers during the fall season only; electric blowers would be legal year-round.

Armington, Council President Sandi Mayer and Councilwoman Tawanna Cotten, all lame ducks, supported the ordinance. Council Vice President Nathan Umbriac and Council members David Silva, Toshiba Foster and Robert Iannaccone opposed it.

The petition drive gave the council first crack at adopting the measure. Now, it becomes a referendum in November’s general election.

Resident Joan Bells, who helped collect the necessary petition signatures, said people who refused to sign tended to live in condos, and were afraid their property maintenance rates would go up if their service providers were required to switch to electric leaf blowers.

“This issue could be handled by public education,” she said. “If these people understood that an electric blower costs less, is less to maintain and doesn’t require gas, it really does not increase your cost.”

While a handful of residents also spoke in support of the proposed restrictions, Richard Ray cited research suggesting electric leaf blowers are louder than his gas-powered one.

Town Administrator Jillian Barrick, citing figures from the Department of Public Works, said it would cost the town about $28,0000 to purchase electric blowers.

Council comments devolved into a verbal volley between Armington and the mayor.

“I do feel like this is an issue of money,” Armington said. “Residents who own gas-powered leaf blowers don’t want to give them up, and people who have lawn service don’t want to risk paying more money, and don’t believe that the health and safety of their neighbors warrants them limiting their use of gas-powered leaf blowers.”

He further pointed out the council’s near-unanimous vote on a noise ordinance in 2021, and he questioned its lack of enforcement.

“The mayor stated on record that the town does not enforce ordinances on landscaping equipment,” Armington said.

Dougherty erupted.

“Don’t misspeak of what I said,” he said. “What I said is that if you expect a police officer in the middle of a traffic stop to go on a call because someone is using a leaf blower, that’s the angle I went. Let’s be clear: The administration has no authority over making laws. You guys do, and if you can’t get four votes to get a law passed, that’s why you’re going to referendum. You’re making it sound like the administration is putting up a roadblock.”

Acknowledging Police Chief Darnell Richardson seated in the back, the mayor said noise violations can’t be enforced if a resident does not allow anyone on his or her property to take a reading.

“We as the administration don’t get a lot of calls on noise ordinances,” Dougherty said.

After lowering the verbal decibels, the council voted down the ordinance, setting the stage for more drama at the polls.

TRAIN STATION

In a far more amiable atmosphere, the council watched a brief slideshow on the long-stalled train station project.

Town Planner Phil Abramson said plans call for 89 residential units, of which 13 will be affordable units onsite. There also will be 3,900 square feet of retail space, and 166 parking spaces, of which 128 will be in a two-level parking structure. Thirty-four will be surface level spaces, and four more will be off-site, across the street.

Plans also call for 72 bike parking spaces, and streetscape improvements.

The project had been held up by a legal dispute with NJ Transit, which wanted a hefty payment to relocate an easement for its parking spaces. That dispute was resolved in court, according to the council.

“I still think this is a good plan,” said Iannaccone. “This was a 2018 plan that took a long time to get here because I think the town was working with the various people involved to get some properties released from New Jersey Transit, and quite frankly they don’t take as good care of this building as they should.”

Dougherty also praised the project, saying it will boost train ridership and the local economy.

“This is a stunning, beautiful development at our train station” he said. “And I think this is what the state of New Jersey believed in, when back in the day we became the first transit village in the state of New Jersey.”

Later in the meeting, the council designated Lackawanna Place Morristown Urban Renewal LLC as the official redevelopment company, and adopted aredeveloper’s agreement for the project.

Tax assessor Kevin Esposito said a tax revaluation ordered by Morris County and that started last year has been extended.

“Progress is moving along very, very well,” he said. “I am pleased that the county allowed us to extend the revaluation to 2024.”

Esposito said notices will be sent to property owners in mid-to-late September, so they can digest their new assessments and schedule hearings with Appraisal Systems Inc., the firm hired to conduct the revaluation. Esposito encouraged residents to set up informal meetings in-person or on Zoom.

Dougherty asked Esposito to make sure the notices makes clear that reassessments don’t include the new municipal tax rate.

The council adopted a resolution authorizing Appraisal Systems to notify property owners of the newly-appraised values of their home.

After debating the educational qualifications and financial expertise of Morristown Housing Authority commissioners, the council narrowly voted to reappoint Commissioner Laura Lutz over Brenda Bankhead, who was nominated by Umbriac.

Foster and Silva sided with Umbriac, but Lutz got four votes and will serve through September 2028.

Iannaccone, council liaison to the housing authority, endorsed Lutz for having proven herself in her interim role.

“Miss Lutz is always prepared and her questions are always insightful,” said Iannoccone. “She is well-deserving for reappointment.”

Iannaccone stressed the importance of financial experience to protect residents of public housing, which the MHA is privatizing. The authority still will maintain some oversight, because it disburses federal rent subsidies to the private company that is renovating and operating the properties.

During the meeting’s public portion, attorney Frank Vitolo expressed concern for three of his clients who he said may be affected by an amendment to the town’s zoning code.

A council majority bucked the administration by capping future building heights at three stories along parts of Washington Street and Blachley Place, which had been zoned for four stories.

The council also voted to mandate that all affordable units for a given project be incorporated into that site. Previously, builders could subsidize moving up to half of their affordable obligation off-site. The amendment is intended to ensure a more even distribution of affordable housing across the town.

“I’m happy that this was brought up and passed,” said Mayer, the council president. She said the administration concurred with it, and it will enable the town to require that 13 affordable units will be included at the train station, instead of seven as originally planned.

Additionally, the council unanimously approved a redevelopment plan for 54 apartments to replace vacant offices 2-10 Washington St.

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By Ellen S. Wilkowe Stefan Armington, successful petition driveTim DoughertyLEAF BLOWERSSandi MayerTawanna CottenNathan UmbriacDavid Silva, Toshiba FosterRobert IannacconeJoan BellsRichard RayJillian Barrick, Darnell RichardsonTRAIN STATIONPhil Abramsonlegal disputeLackawanna Place Morristown Urban Renewal LLCREVALUATIONKevin Espositostarted last yearAppraisal Systems Inc.IN OTHER BUSINESSLaura LutzBrenda Bankhead,Frank Vitolobucked the administrationredevelopment planIf you’ve read this far…
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