Did the Town Council violate a citizens right to speak at the 7/10/2023 Town Council meeting?
After the code enforcement officer presented information on two junkyard license renewals, resident Richard Belinski raised his hand. The Town Council chairman stated they would not take public comment, Belinski responded that RSA (State law) allowed for public comment. A back and fourth ensued between Belinski and Chairman Farrell. Farrell deemed Belinski out of order and had him removed from the meeting.
Before voting on the license the Councilor Ron Dunn and Town Manager Michael Malaguti questioned the RSA. The Council recessed to allow the Town Manager to review the RSA. After recessing the Chairman stated that people who interrupt a meeting must be removed. He then asked if anyone present had any comment on the license. Seeing none he called for a vote.
Belinski did not interrupt the meeting until after the chairman stated he could not speak. The Council never asked for clarification on the RSA and the Town Manager did not comment on his findings after reviewing the RSA.
CHAPTER 236
HIGHWAY REGULATION, PROTECTION AND CONTROL REGULATIONS
Motor Vehicle Recycling Yards and Junk Yards
236:95 License Requirements. – At the time and place set for hearing, the commissioner of transportation or his agent shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish, or maintain the junk yard or automotive recycling yard. In passing upon the application, he shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junk yard or automotive recycling yard, and to any other matter within the purposes of the subdivision.
236:117 License Requirements. – At the time and place set for hearing, the local governing body shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish, or maintain the junk yard or automotive recycling yard. In passing upon the application, it shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junk yard or automotive recycling yard, to any record of convictions for any type of larceny or receiving of stolen goods, and to any other matter within the purposes of this subdivision.
236:121 Grant or Denial of Application; Renewal; Appeal. –
I. After the hearing the local governing body shall, within 2 weeks, make a finding as to whether or not the application should be granted, giving notice of their finding to the applicant by mail, postage prepaid, to the address given on the application. If approved, the license, including the certificate of approved location, shall be forthwith issued to remain in effect until the following July 1. Approval is personal to the applicant and is not assignable.
II. Licenses shall be renewed thereafter upon payment of the annual license fee without a hearing, if all provisions of this subdivision are complied with during the license period, if the junk yard does not become a public nuisance under the common law or is not a nuisance under RSA 236:119, and if the applicant is not convicted of any type of larceny or of receiving stolen goods. In addition, applications to renew a license to operate an automotive recycling yard or motor vehicle junk yard shall include certification of compliance with best management practices established by the department of environmental services for the automobile salvage industry.
III. A writ of certiorari lies from the denial of the application to the superior court of the county in which the proposed location is situated.
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