Postpone that hot dog!

The hearing on Zoning Board of Appeals matter concerning a food vending trailer (Miss Patsy's) on 908 South Main Street has been postponed until the April 2nd meeting.

The other item on the public hearing agenda, a variance in required lot size for 66 Durant Terrrace will be considered at the meeting tonight.

The ZBA was scheduled to continue the hearing on the food vending trailer that was interrupted when they lost quorum at their last meeting. Board member Martin Reardon left that meeting abruptly in the middle of the meeting, after testimony was given, to attend to a "family emergency." That hearing was regarding a ruling by the Zoning Enforcement Officer on the legality of Miss Patsy's Hot Dog stand. He ruled that the stand was a permitted use on a residential lot at the corner of Randolph Road and South Main. This ruling has been challenged by nearby resident Christopher Parslow.

According to Bill Warner, Director of the Department of Planning, Conservation and Development, Vice Chair Judy Pehota is not available for tonight's, and only five other members can attend. Pehota sat through the original testimony during the last meeting. Four votes are needed to overturn any standing decision. In addition, Warner noted that members who had not heard the original testimony have not yet reviewed the DVD of the meeting, and that they needed the time between now, and the next meeting to review the video of the meeting.

Attorney Bennett, who is representing Christopher Parslow, the resident appealing the original Miss Patsy's ruling, says it is only proper that the original four members who heard the testimony are there for the ruling, or that members who were absent review the testimony as recorded.

"They are an appellate body," Bennett said in a telephone interview. "And this is a legal appeal, so it is only right that all members have carefully reviewed the testimony before issuing a decision."

The public right to speak

Commentary

This is what the Middletown charter says about public comment at Council meetings:

The public shall have the right to address the Council regarding matters of public concern.
Subject to the rules of the Council, the public shall have the right to address the Council at
any Council meeting on any item on the agenda for the Council meeting at which they
speak and may address the Council on non-agenda matters of general public concern only
in accordance with provisions established by the Council for such input.

When a quorum (6 members) of the Council meet with the mayor, or deputy mayor present, it's my understanding that it constitutes a council meeting. Calling it a "special" meeting may not allow the council, or the mayor, to prevent public comment. I'm not a lawyer, but I can't find anything in the charter that says a meeting can be held.

I might be wrong on what constitutes a "council meeting" but it's a question worth asking at a time when the mayor will host a special meeting to meet with the Army on the Reserve Training Center. I don't buy the argument that only elected officials ought to be allowed to speak.