On Monday, RTM moderator Alexis Voulgaris wrote to RTM members using the all 230-member email address, as follows:
RTM Members,
Consider this your first parliamentary process lesson for 2025. Try and contain your enthusiasm.
Unfortunately, I have seen numerous emails whereby the municipal improvement referral to the RTM is being mischaracterized as an appeal of a Planning and Zoning Commission (PZC) decision. That is not true. Section 100 of the Town Charter (see below) provides that the RTM considers a municipal improvement upon a referral, not as an appeal to a previous decision.
The distinction between a referral and an appeal is important because a referral comes before us for de novo review. De novo literally means “anew”. Practically speaking, a de novo review means that the RTM may consider any information/evidence presented to it, including information that was not presented to the Planning and Zoning Commission for consideration. Examples of information that may not be relevant for the PZC to consider before granting an MI, but may be relevant for the RTM to take into consideration are cost factors, capital planning, neighborhood responses etc.
I offer no opinion on the merits of Item 18, but do feel it is important to correct obvious misrepresentations about the role the RTM plays as the final planning authority for municipal improvement as defined in Section 100 of the Charter.
I look forward to seeing you all tomorrow evening at the meeting.
Alexis Voulgaris
RTM Moderator
Sec. 100. Municipal, improvements; referral to Representative Town Meeting.
(a) The failure of the Commission to act upon any proposal, submitted to it pursuant to Section 99 hereof, within ninety (90) days after such submission shall be deemed to constitute an approval thereof. The Commission may, by resolution adopted prior to the termination of the ninety (90) day period and for sufficient reasons to be stated in the resolution, defer approval for any length of time reasonably necessary.
(b) In the event of the approval or disapproval or deferment by the Commission of any such proposal, the Commission shall cause a notice of such action to be published in a newspaper having a general circulation in the Town and the Town Agency, the Board of Education or the Housing Authority having original jurisdiction of the matter, or any person owning property within the Town, may, within thirty (30) days from the date of publication of such notice by the Commission, refer such proposal to the Representative Town Meeting. The Representative Town Meeting shall have power to approve such proposal or to reject it.
(S.A. 469 § 18, 1951; as amended by RTM, 6/8/70.)