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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. -2 - 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. -3 - 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 -4 - 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. -5 - 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.