HomeMy Public PortalAboutSuggested CPC Watertown OrdinanceCOMMUNITY PRESERVATION COMMITTEE ORDINANCE
PURSUANT TO MGL 44B
Chapter 1: Establishment and Membership
There is hereby established a Community Preservation Committee (Committee), consisting
of nine (9) voting members pursuant to M.G.L. Chapter 44B. The composition of the
Committee and the appointment authority for the Committee members shall be as follows:
Statutory Members
a. One member of the Planning Board (created by Section 81A of Chapter 41) as
designated by the Board.
b. One member of the Conservation Commission (created by Section 8C of Chapter 40)
as designated by the Commission.
c. One member of the Historical Commission (created by Section 8D of Chapter 40) as
designated by the Commission.
d. One member of the Housing Authority Board (created by Section 3 of Chapter 121B)
as designated by its Board of Directors.
e. One member of the Parks and Recreation Commission (created by Section 2 of
Chapter 45) as designated by the Commission.
Should any of the Commissions, Boards, Councils or Committees who have appointment
authority under this Chapter not be in existence or be no longer in existence for whatever
reason, the appointment authority for that Commission, Board, Council, or Committee shall
become the responsibility of the Town Manager. Town Manager shall appoint someone who
performs like duties of the Commission, Board, Council, or Committee that doesn't exist.
Appointed Members
The Town Council shall appoint four members who are residents of the Town and who are
not employees, elected officials, or Town appointees at the time of appointment and during
their term.
The four members appointed by the Town Council shall have demonstrated an interest in
community service, experience in Watertown's community affairs, and concern about open
space and recreation, historic preservation, or affordable housing. Professional expertise in
community development, finance, real estate, law, and architecture should also be
considered.
There shall be a public announcement of the open positions, with at least a 4 week period
for submittal of the application to the Town Council President. The names and a brief
summary describing each candidate's qualifications shall be posted on the Town's website
for at least 2 weeks before the Town Council makes an appointment.
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In the event that any Committee member is unable for any reason to complete serving a
term the Town Council, Board, Commission, or Authority responsible for appointing said
Committee member shall forthwith designate a new member to complete the remainder of
the term.
If any Committee member misses half or more of the scheduled meetings of the Committee
during any calendar year, the absences shall be reviewed by the Committee Chair and the
Chair shall recommend appropriate action to the designated appointing authority.
All Committee members shall serve on the Committee with compensation only for
reasonable per diem and necessary expenses, which shall be paid for out of the budget of
the Committee.
All Committee members shall be classified as special municipal employees for the purposes
of Chapter 268A of the Massachusetts General Laws.
Chapter 2: Terms of Office
Members shall serve for terms of three years. However, in order to provide for staggered
terms, initial appointments shall be as follows:
Statutory Members
Members appointed pursuant to Chapter 1 of this Ordinance, Paragraphs a. and b., shall
be appointed for one-year terms, members appointed pursuant to Paragraphs c. and d.
shall be appointed for two-year terms, and the member appointed pursuant to
Paragraph e. shall be appointed for a three-year term. After the initial appointments, all
statutory members shall serve for terms of three years.
Appointed Members
Appointed members shall be appointed to the following initial terms: One for a one-year
term, two for a two-year term, and one for a three-year term. After the initial
appointments, all subsequent terms shall be for three years.
All members are eligible for reappointment. Should an appointing or designating authority
fail to appoint a successor to a member whose term is expiring, such member may continue
to serve until the relevant authority names a successor.
Any member who removes his or her residence from the Town shall be considered thereby
to have resigned from the Committee.
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Chapter 3: Organization, Administration, and Operation
The Committee shall not meet or conduct business without the presence of a quorum and
shall keep a written record of its proceedings. A majority of the members of the Committee
shall constitute a quorum.
The Committee shall approve its actions by a majority vote of the quorum.
The Committee at its first meeting, and thereafter annually, shall elect one of its members
to serve as chairperson and a clerk who will keep the minutes of meetings. A Committee
member may serve as chairperson for no more than four consecutive years.
The Committee may adopt procedural rules and regulations and establish any subcommittee
as it deems appropriate.
The Committee's fiscal year shall coincide with the Town's fiscal year.
Each fiscal year, the Committee shall recommend to the Town Manager an operational and
administrative budget which cannot exceed five percent (5%) of the annual revenues in the
Community Preservation Fund. The timing of such budget recommendation shall be
coordinated with the Town Manager's annual operating budget submission to the Town
Council.
The Committee shall meet as necessary to carry out its duties, but in any fiscal year shall
hold no fewer than four meetings.
All records of the Committee shall be public except as provided by State law.
Chapter 4: Duties
The Committee shall have all the duties and powers as set forth in M.G.L. Chapter 44,
Section 5, including but not limited to the following:
1. The Committee shall study the needs, possibilities and resources of the Town regarding
community preservation. In making its study and preparing recommendations the
Committee shall consult with existing municipal boards, including, but not limited to, the
Conservation Commission, the Historical Commission, the Planning Board, the Housing
Authority, the Housing Partnership, and the Bicycle and Pedestrian Committee, as well as
with the Director of Recreation, members of the Town Council, and other Town officials the
Committee deems appropriate to their study process. The Committee shall also consider
appropriate criteria and goals articulated in any applicable plans, studies and reports
including, but not limited to, the Comprehensive Plan, the Open Space and Recreation Plan,
and the Housing Production Plan. As part of its study, the Committee shall hold one or
more public informational hearings on community preservation possibilities and resources,
notice of which shall be posted publicly and published for each of two weeks preceding a
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hearing in a newspaper of general circulation in the Town and published electronically on
the Town's web site. The Committee may, after proper appropriation, incur expenses as
permitted by state law using funds from the Community Preservation Fund to pay such
expenses.
2. The Committee shall make recommendations to the Town Council for the acquisition,
creation and preservation of open space; for the acquisition, preservation, rehabilitation and
restoration of historic resources; for the acquisition, creation, preservation, rehabilitation
and restoration of land for recreational use; for the acquisition, creation, preservation and
support of community housing; and for the rehabilitation or restoration of open space and
community housing that is acquired or created with Community Preservation Funds. With
respect to community housing, the Committee shall recommend, wherever possible, the
reuse of existing buildings or construction of new buildings on previously developed sites.
3. In every fiscal year, the Committee must recommend either that the legislative body
spend, or set aside for later spending not less than 10% of the annual revenues in the
Community Preservation Fund for each of the following: (a) open space and recreation, (b)
historic resources, and (c) community housing.
4. The Committee may include in its recommendation to the Town Council a
recommendation to set aside for later spending funds for specific purposes that are
consistent with community preservation but for which sufficient revenues are not then
available in the Community Preservation Fund to accomplish that specific purpose or
recommended action; and to set aside for later spending funds for general purposes that
are consistent with community preservation.
5. The Committee may recommend the issuance of general obligation bonds or notes, in
accordance with the provisions of Massachusetts General Laws, Chapter 44B, Section 11, in
anticipation of revenues to be raised pursuant to M.G.L., Chapter 44B, Section 3, the
proceeds of which shall be deposited in the Community Preservation Fund. Prior to making
its final recommendations to the Town Council, the Committee may choose to present draft
recommendations to the Town Council.
6. No appropriations shall be made from the Community Preservation Fund without the
approval of the Town Council.
Chapter 5: Amendments
The Committee shall, from time to time, review the administration of this Ordinance, making
recommendations, as needed, for changes in the Ordinance and in administrative practice to
improve the operations of the Committee. This ordinance may be amended from time to time
by a majority vote of the Town Council, provided that the amendments would not be in conflict
with Chapter 44B of the Massachusetts General Laws.
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Chapter 6: Severability
In case any section, paragraph or part of this chapter be for any reason declared invalid or
unconstitutional by any court of last resort, every other section, paragraph or part shall
continue in full force and effect.
Chapter 7: Effective Date
Following Town Council approval of this ordinance, each appointing authority shall have
sixty days to make their initial appointments to the Committee. Should any appointing
authority fail to make their appointment within that allotted time, the Town Manager shall
make the appointment for the membership of such appointing authority.