Anthony Pogoda, a Republican member of the Planning and Zoning Commission, was not at its regular meeting Tuesday (Feb. 14).
But Pogoda, who is “semi-retired” and was in Florida during the meeting, took part nonetheless, voting on all but two motions and interacting with board members and applicants via speakerphone.
The move was OK’d by a city lawyer but drew the ire of the commission’s Republican alternate, Josh Kopac, who has raised eyebrows with his contrarian attitude toward zoning laws and a vow to vote against any motion the board considers.
“The whole point of an alternate member is to fill in for someone if they’re not there,” said Kopac. “It’s just contradictory. It’s just absurd what went on.”
Kopac, in his capacity as an alternate sitting in for other members, has voted against every motion the commission has considered, a total of 18 nays.
‘The Cell Phone Commissioner’
Two Democratic commission members also criticized the move.
“I was appalled that there was a willing alternate presently sitting at the table that was completely ignored,” Joan Flannery said in an e‑mail. “He should have had preference over the cell phone commissioner.”
Nancy Dickal, an alternate who filled in for commission member Elaine Matto at the meeting, said via e‑mail she was “extremely disappointed and outraged” and said it is “clear that the Republicans’ plan is to silence Josh because of the way he votes.”
Commission Chair Ruth Parkins denied that was the case and defended Pogoda’s taking part in the meeting over the phone, saying it fits into a plan for “bringing the commission up to 21st-century technology.”
A message seeking comment was left at a Shelton phone number listed under Pogoda’s name.
Assistant Corporation Counsel Ray Sous said the practice of a commission member participating by phone is “perfectly OK.”
“I don’t see an issue … as long as the public is aware of it,” Sous said. “We’ve done it with other boards.”
‘Voting Blindly’
It’s unclear what, if anything, Kopac will or can do about the issue. He said he is considering filing a complaint with the city’s corporation counsel, or even bringing the matter to the attention of the Board of Ethics at its next meeting March 1.
He said he is not alleging that the meeting itself was illegal, but that Pogoda “was voting blindly without having access to documents or to see the applicants.”
Parkins said that ideally, consultants and members of the commission not physically present would be able to participate in proceedings via Skype, an Internet-based service for communicating via voice and video. But problems with the software Tuesday night meant that Pogoda had to take part by dialing in on his cell phone.
Regarding Kopac, Parkins said only that he “was an alternate. In the event a full member can’t participate via phone and/or in person, he would sit in for them.”
A reading of the commission’s draft minutes, posted below, shows acrimony building over the issue as the meeting went on.
‘They Will Not Have It’
After the commission had addressed its first application of the night, Flannery said she was “a little confused” about the situation, then asked if it was legal for Pogoda to participate over the phone.
Yes, Parkins and Planning and Zoning administrator Rick Schultz responded.
Flannery then “asked if that meant that all the times she was out, she could have just used her phone to call in.”
Indeed she could have, Parkins responded, while noting the practice is used in other towns.
The meeting continued without further incident until a proposal from a Forest Parkway business to modify a sign which Flannery and Dickal opposed.
Pogoda abstained from voting on the matter, since a copy of the proposal had not been sent to him prior to the meeting. The motion passed 3 – 2.
If Kopac had been participating, Dickal pointed out, he would have stymied the motion.
“He always votes no,” Dickal said, in her e‑mail response to questions. “So if the two Democrats disagree with the other party, Josh votes no, it upsets the Republicans. And they will not have it.”