RTM Committee Turns Down Proposed Rules Amendment

A proposed amendment to the Representative Town Meeting's Rules of Procedure to clarify how it conducts reviews of decisions by the Planning & Zoning Commission was rejected Wednesday night by members of the RTM's Rules Committee.

Following a two-hour discussion about the amendment's proposed language, the committee voted 7-3 to advise the full RTM not to incorporate what would be Article XI of its rules.

The proposed amendment grew out of the discord in January between the RTM and the P&Z when the RTM overturned a decision by the commission to approve a zoning change sought by a real estate investment firm wanting to move into the National Hall building.

In response, the P&Z's commissioners voted 4-3 to sue the RTM; a decision withdrawn following a meeting among town attorneys Ira Bloom and Gail Kelly, First Selectman Gordon F. Joseloff, P&Z chairman Ron Corwin and RTM moderator Hadley Rose. The result of the meeting was a request that Bloom and Kelly draft an amendment to the RTM's rules for conducting a review of P&Z actions.

The Rules Committee's discussion of the proposed amendment centered on whether its procedures for examining P&Z decisions were apparent by its existing rules or needed to be spelled out for interested parties.

The question "What's broken?" with the RTM's rules for examining P&Z decisions was asked several times by members of the committee who believed it's already clearly stated or implied how the town's legislative body should conduct such proceedings.

Their position was countered by members who pointed to questions that arose during the RTM's review of the National Hall amendment; in particular whether its review is limited to the record created by the P&Z during its consideration of a zoning change.

Bloom told the committee the proposed five paragraph amendment was based on two guiding principles: interested parties should know what's going to happen when the RTM reviews a P&Z decision; and interested parties can address the RTM during its review proceeding.

"Property owners should be treated fairly," Bloom said.

Bloom noted that the RTM's ability to go beyond the record of a P&Z decision is established by its provision that members of the public can comment during its proceeding.

Regarding making clear that members of the public can address the RTM during a P&Z review, the chairman of the Rules Committee, and moderator of the RTM, Hadley C. Rose, said he decided during the National Hall review that members of the public could speak longer than the 10-minute limit in the RTM's rules, and speakers from the public could comment more than once.

Responding to committee members who argued the amendment described procedures already spelled out in the RTM's rules, member Sean M. Timmins said, "Sometimes you just need to state the obvious."

"There is confusion by the public," Bloom said, "so I think this adds value."

Rose said the amendment would give the public extra confidence in the RTM's review procedures and doesn't take away any of the body's rights.

"We're just writing down what we already do," Rose said.

The committee couldn't revise the language of the proposed amendment because it already was submitted for inclusion in the agenda of the next RTM meeting. It can be revised during the RTM meeting.

The draft of the proposed amendment to the RTM's rules follows:

 RESOLVED, that in order to assist in the implementation of Section C10-4 of the Westport Town Charter, the Representative Town Meeting ("RTM") hereby amends the Representative Town Meeting Rules of Procedure by adding the following Article XI.

ARTICLE XI

REVIEW OF ZONING ACTIONS

A162-25 Standard of Review

The RTM review of a Planning and Zoning Action pursuant to Section C10-4 of the Town Charter shall not be strictly limited to a review of the Planning & Zoning Commission ("P&Z") record. Rather, the RTM shall be permitted to receive additional comments and materials outside of the original record in accordance with the normal RTM procedures.

The RTM review in its legislative capacity will be guided by land use criteria which  govern P&Z actions in such matters. Those criteria include the Town of Westport's Plan of Conservation and Development and general health, safety and welfare considerations.

All RTM members participating in the review of a P&Z action should become familiar with the P&Z record prior to the RTM meeting, including the audio or video recording of the public hearing and work session along with any written materials submitted to the P&Z.

A162-26 Discussion and Debate

Petitioners, P&Z Commission, applicant/property owners, and statutory intervenors shall be granted a reasonable opportunity to speak to the RTM.

A162-27 Additional Information Received

All written materials relevant to the review should be shared with the entire body by providing the Town Clerk with copies for distribution and for public inspection.