Special Howell council meeting must be canceled for legal reasons

On April 22, the Howell Township Council agreed to hold a public information session on Council On Affordable Housing (COAH) Site No. 7, The Fountains project.

Although the governing body’s actions were well intended there are significant legal ramifications which would result from such a meeting. Unfortunately, in the greater interest of the public good, the governing body upon recommendation from legal counsel and its professionals must cancel the May 13 special meeting.

The mayor and deputy mayor serve on the Planning Board which is scheduled to hear The Fountains application for development on May 16.

Under the Municipal Land Use Law, the Planning Board is the only municipal agency which has jurisdiction to act on this application. Participation by the mayor and deputy mayor outside of a Planning Board hearing would compromise their ability to act on the application.

The Planning Board is the proper legal forum for the public to address its concerns regarding this development. The council has no power to act on this application and in fact is involved in legal proceedings involving Site No. 7 which are currently pending before COAH and the courts.

In the interest of serving the greater public good, the governing body should not publicly discuss matters related to this litigation.

Additionally, it is imperative that the mayor and deputy mayor not prejudice their ability to serve the public as members of the Planning Board in accordance with their statutory authority.

Dominic Manco

Special Counsel for Council

on Affordable Housing Issues

Howell