Fisher Hearing: Public Comment to be Heard December 17
Charlie Fisher will return to the stand to testify December 17, and Township Public Works Director Jay Trstensky will be asked to tell the Board about the structure of Locktown-Sergeantsville Road. When these last two witnesses have offered their testimony, the public will be allowed to comment freely on the case. Until now public comment has been restricted to asking questions of witnesses about their testimony. Any member of the public who has attempted to make a general comment was told to save it for a later day. That day will arrive on December 17.
This will be the last Board of Adjustment meeting of the year. Acting Chairman Marty Siecke’s term expires on December 31, so the possibility exists of a new member joining the Board. The granting of a “D” variance, which is sought in the Fisher case, requires five votes in favor. The departure of Mr. Siecke or any other Board of Adjustment member would leave the minimum number, in effect requiring unanimous approval by the five remaining members.
It is unclear how the Board would proceed if the hearing continued into next year. Would a newly appodinte member vote on the case? In that event, the new member would have to listen to all the tapes of the previous meetings and make a decision without having heard any of the testimony as it was delivered. While members are allowed to compensate for occasional absences by listening to the tapes, their presence at the meetings and the impressions they receive from body language, which is not communicated by the tapes, are important in their decision making.
At the most recent meeting in November, the Acting Chairman and the Board’s Attorney both were reluctant to hear public comment due to the lateness of the hour, 10:30, when the last witness had finished and the public comment period arrived. Against this background, there may be some pressure to get all the public comment over with in one night and wrap this case up on December 17, however much time is allotted to the last two witnesses and to cross examination by the attorneys, and however late the public comment period begins.
By law, a citizen’s right to comment at open public meetings at the duly appointed time is absolute. In practice, however, boards frequently limit the time they allow each individual to exercise his right to free speech. And in the nature of public speaking, Board members may simply be lulled into inattention by speakers who are not particularly well informed or concise.
This is an important application. The variance being sought is conferred on the Fisher family only temporarily, and will abide with the land forever after the Fishers have lost interest in it. The earliest European settlers in this area, when they had witnessed the public assemblies of the Native Americans, were impressed by the profundity of their observation and the terseness of their expression. An equal clarity and brevity will be called for on December 17.
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