KENT, Conn.—The Board of Selectmen decided to advance two ordinances to a town meeting when they met Wednesday night but will continue the discussion surrounding food trucks.
The food truck issue has swirled in the town for years with a previous administration passing a resolution that they be prohibited. No ordinance has ever been put on the books, however.
A proposed ordinance was taken to the town earlier this summer but was tabled when residents raised opposing opinions and pointed out inconsistencies in the draft legislation. The selectmen then set Sept. 14 for a meeting where residents could discuss the issue further.
The ordinance as it now stands would prohibit food trucks that sell prepared, ready to consume food or food products. Trucks would be allowed to sell foods, however, for private events on private land or at town-sponsored events. In either case operations would be limited to no more than six hours each day and the engagements could not continue beyond three consecutive days in a 30-day period.
The ordinance defines a food truck as “a motorized vehicle or trailer equipped with food preparation, and/or prepared food storage and/or cooking facilities from which food sales or food distribution may be provided directly to customers… “
During the Monday, Sept. 14, special meeting, the selectmen heard testimony from several persons about the proposed ordinance.
Mary Ann Donaghey spoke in favor of food trucks. “I am not saying they should come park and be here 24/7,” she said. “I just think everyone should enjoy a fair chance at commerce.”
Her view was countered by Matthew Winter who believes that food trucks on public property have an unfair advantage over brick-and-mortar restaurants who must pay local taxes.
“I feel they are a distraction,” he said. “Yes, the ordinance does limit commerce, but we limit commerce already through our signage regulations. We don’t have a Dunkin’ because their signs don’t meet our regulations and we don’t allow drive-ups. So, we do regulate business.”
He said allowing private property owners to book trucks for private events is “perfectly reasonable,” but said he did not approve of them at town events.
Former first selectman Marty Lindenmayer recalled Chris Dalla Riva, widely known as Kent’s “Hot Dog Man,” who sold hot dogs from his roadside cart on Route 7 for more than four decades. Lindenmayer argued that Dalla Riva’s business had no impact on brick-and-mortar restaurants because the type of food service was different, offering a quick grab-and-go meal. “A meal in our brick-and-mortar restaurants takes much longer,” he said. “We should consider whether to encourage public commerce. Chris’ lunch time wagon was very successful, and I never heard a word from the restaurant people about that.”
He argued that the Farmer’s Market, now relocated to town property at the entrance to Kent Green, could be considered competition for the local IGA. “If I am buying vegetables and meat there, am I affecting the IGA? If it’s not an issue, it would be fair to try food trucks for a while. A food truck at Kent Center School on a Saturday morning while they are having games would provide access for people to try something.”
Gregoire Pye, a Kent resident who owns a food truck but can’t work in his hometown, argued that the two kinds of food purveyors could co-exist without detriment to each other. “I don’t understand now why it is such a big deal,” he said. “It is a great example of the hot dog stand. Everyone survived. Kent is especially hard on food trucks—I’m a resident, have kids in KCS and would be happy to be thought of as a member of the business community.”
But Anne MacAndrew, who operated businesses in Kent for years, contended that food trucks would take up precious parking spaces and weaken the economic health of other businesses. “They don’t pay [local] taxes and I don’t think they would add anything to downtown. I’ve read lots of articles about Kent and not one has said, ‘Gosh, there were no food trucks.’ As a merchant, I hated it when people parachuted into town.”
Tanya Horgan believed “food trucks could be a great option” expanding on the dining options available. “I understand about parking, being an eyesore, contributing garbage—we can regulate that,” she said. “We can limit the number of permits issued and they would need to provide documentation from the health department, etc. But the town can charge a fee so it would be a source of income for the town.”
Selectman Lynn Mellis Worthington said she was impressed that not a single restaurant owner came to the meeting. “If they really cared, they would be here,” she said. “I am of the belief that we could try it. If it doesn’t work, we can always bring it back. The people I talk to say, ‘Why the resistance?’ They say it’s really a different kind of [dining] experience.”
Selectman Lynn Harrington observed that the proposed ordinance stipulates food that can be consumed without further preparation. “Food trucks do not have ready to consume food,” she said. “It still has to be cooked.” She said the wording should be changed to reflect that.
First Selectman Eric Epstein had looked at how other towns crafted food truck ordinances and found a wide variety. “Some are locked down and others, like New Milford, require them to be on the property of another business owner for the purpose of providing a bathroom,” he reported. “We can draft an ordinance as tight or loose as we want. I agree the perception from years ago has changed.”
The ordinance, for instance, could prohibit overnight parking, stipulate that all garbage generated be removed, that the trucks not be on public streets, limit the number of days, and the like.
Harrington wondered how permits would be assigned and said a truck couldn’t be parked on busy Main Street “with people clustered around it.” Worthington noted that the Chamber of Commerce had suggested Kent Town Center as a perfect place for businesses to host one
Winter implored the selectmen to be careful. “Think what it looks like,” he said. “I think it’s not as one-sided as it is portrayed tonight. We come from a quaint New England town and we want what is at our roots to be sustained.”
Looking at other ordinances on Wednesday, the selectmen approved the revised wording of an ordinance for fire access roads and fire lanes that would give the resident state trooper the authority to issue fines to violators found blocking the lanes with parked cars.
First Selectman Eric Epstein said that he consulted Town Counsel Randy DiBella about enforcement and found the resident state trooper could issue the tickets, but it is unclear whether other troopers from Troop L would be able to do so. The local fire marshal does not have arrest authority.
Fire Marshal Tim Limbos said property owners would be responsible for installing signage. If they don’t, he then has the power to designate the fire lanes and fire roads. He defined a fire road as a lane leading to a property that cannot be accessed otherwise. The minimum width for a fire lane is 20 feet.
Also approved for a town meeting vote was an ordinance that would govern the activities of an Economic Development Commission.
Not date has yet been set for the public hearing and town meeting.
