Council Comment and Voting Procedure Questioned

The commenting and voting process of were called into question on Monday, weeks after the governing body approved amendments to the township master plan despite sometimes passionate pleas from residents to reconsider the document.

At the Dec. 12 meeting, residents said that they feared the rural atmosphere of Whiting, the western section of Manchester, if multifamily and cluster developments move in. The council listened to all residents who spoke and all but vice president Brendan Weiner, who abstained and said that he would like more time to consider the issue, voted in favor of adopting the amendments. 

Wycliffe Road resident Hank Glen asked the members during the public comment portion if the council may have rushed to judgement.

"It doesn't really give you time to listen to the people and get their point of view on whatever ordinance you're presenting and give you time to think about it and maybe look into it a little deeper," he said. "This is for every ordinance that comes up. We have the first reading, no comments are allowed or anything like that, and then at the second meeting that's when comments are receieved and that's when you vote on it."

The council is permitted to comment on an ordinance during its introduction on first reading. Though the public cannot comment on an ordinance at this time, they are welcome to bring it up and discuss it with the council during the public comment portion later in the meeting. At the next council meeting, the public may comment during an ordianance's second reading. After all comments are heard, the council votes.

Council president Craig Wallis said that the procedure allows the council plenty of time to hear all arguments and come to a decision.

"We had over two weeks to look at it," Wallis said.

Further, in the case of the master plan amendments, the council was given an affirmative recommendation from the township planning board which also heard public comment at its meeting days before.

"It went out to the planning board first and they heard all the same testimony at their meeting," Wallis said. "We got input from them."

Steven Secare, township attorney, said that "there is really no other legal way to do it."

"The way we structure the meetings — and it's been like this for a long time — you always have a right to comment in the general comments about the ordinance," he said.

Business administrator Elena Zsoldos said that the public does not need to wait for a council meeting to make their thoughts know on any issue.

"People are welcome to contact us during the week, too," she said. "Any day of the week."

Secare agreed, adding that residents can submit their ideas in many forms.

"There is ample opportunity for anyone to put in their comments, if they're written, oral, stop in to see Elena [Zsoldos]," he said.

Though Glenn said that "once [the council votes] on it, that's it," Secare responded that the council always has the option to repeal an ordinance.

"If there's enough comment coming in that was favorable enough to persuade the council, they could always repeal it," he said.

As for the procedure, Secare said that it must stay the way it is.

"If there was another legal way to do it, I would recommend it to the council," Secare said. "I just don't see any other way to do it."