If a majority of voters approve the adoption of CPA on April 2nd, here is the text of the Warrant Article that will be presented at May Town Meeting.
Photo Caption: The Community Preservation Act has been around for 12 years, providing state matching funds for open space and recreation to 44% of the Commonwealth's cities and towns.
ARTICLE 8. COMMUNITY PRESERVATION COMMITTEE
Sec. 2-64. Establishment and Membership
(a) In accordance with Massachusetts General Laws, Chapter 44B, known as the “The Community Preservation Act,” there is hereby established, pursuant...
- One member of the Conservation Commission as designated by said Commission for a term of three years;
- One member of the Historical Commission as designated by said Commission for a term of three years;
- One member of the Planning Board as designated by said Board for a term of two years;
- One member of the Open Space and Recreation Advisory Commission as designated by said Commission for a term of three years;
- One member of the Housing Authority as designated by said Authority for a term of two years;
- Four members to be appointed by the Board of Selectmen, two to be appointed for an initial term of one year and for a term of three years thereafter, and two to be appointed for an initial term of two years and for a term of three years thereafter.
(b) Each of the appointing authorities designated in Section 2-64 shall after approval of this Bylaw by the Attorney General and publication thereof, make its appointment known to the Board of Selectmen, in writing, within thirty (30) days after said publication. Notwithstanding the stated term for Commission members set out in Section 2-64, the initial term of Commission members shall run until April 30th of the final year of their term, at which time the respective appointing authority shall make an appointment for the subsequent term.
(c) After the initial appointments pursuant to Section 2-64(a) and Section 2-69 herein, all subsequent terms for a set number of years shall thereafter begin on May 1st of the subject year.
(d) Each such appointing authority shall advise the Board of Selectmen in writing of its designation as aforesaid, and the Board of Selectmen shall in turn file with the Town Clerk due notification of all designations and appointments to the Committee.
(e) If any commission, board, authority or official listed in Section 2-64(a) above ceases to exist for any reason, the Board of Selectmen shall appoint an appropriate alternative designating commission, board, authority or official with similar area(s) of jurisdiction and responsibilities to serve in its place.
Sec. 2-65. Vacancy
In the event of any vacancy on the Committee, it shall be filled by the same appointing entity that designated the member who created the vacancy by designating another Committee member in accordance with Section 2-64(a) above for the unexpired term. Such vacancy shall be filled by said appointing entity within forty-five (45) days of such vacancy, failing which the Board of Selectmen shall fill the vacancy by appointment for the unexpired term. In the event of the inability or failure of any member of the Committee to discharge his or her duties as a Committee member hereunder, a written finding by the Board of Selectmen of such fact filed with the Town Clerk shall be conclusive proof of a vacancy in regard to such position.
Sec. 2-66. Duties
(a) The Committee shall study the needs, possibilities and resources of the Town regarding community preservation, including the consideration of regional projects for community preservation. The Committee shall consult with Town boards, including the Conservation Commission, Historical Commission, Planning Board, Open Space and Recreation Commission, Board of Selectmen, School Committee, Board of Library Trustees, Finance and Advisory Board, Capital Improvement Advisory Committee, and also the Stoneham Housing Authority, or groups or persons acting in those capacities or performing like duties, in conducting such studies; and the Committee may consult with other Town boards or agencies, or independent groups as it shall in its discretion deem advisable. As a part of its study, the Committee shall, at least once year calendar year hold one or more public informational hearings on the needs, possibilities and resources of the Town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding such hearing in a newspaper of general circulation in the Town. The Committee shall be responsible for developing a community preservation plan and general guidelines and procedures to further the goals and implementation of the plan and the Community Preservation Act.
(b) The Committee shall make recommendations in time for consideration by the Annual Town Meeting, and for such other town meetings, if any, as it deems necessary, for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, rehabilitation, preservation, rehabilitation and restoration of land for recreational use; for the creation, preservation and support of community housing; and for the rehabilitation or restoration of such open space and community housing that is acquired or created as provided in the Community Preservation Act (provided, however, that the funds expended pursuant to the Community Preservation Act shall not be used for maintenance); and for any other lawful activities or expenditures that may be allowed by reason of amendment of the Community Preservation Act. In considering and making its recommendation(s) to the Town Meeting, the Committee shall take into account the requirement of the Community Preservation Act that the town meeting spend or set aside for later spending not less than the minimum required percentage of annual revenues set out in the Community Preservation Act for the community preservation fund purposes of open space, historic resources and community housing, or any other category of spending that may hereinafter be set out in the Community Preservation Act, as amended. With respect to community housing, the community preservation committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites. In making its recommendations, the Committee shall be aware that Community Preservation Act funds shall not be used for any purpose which is prohibited by the Community Preservation Act, however, Community Preservation Act funds may be used for purposes not specifically set out in this bylaw, if the Community Preservation Act, as amended, allows for use use(s). Proposals or recommendations by the Committee to the Town Meeting shall include an estimate of anticipated costs or a range thereof.
(c) The Committee may include in its recommendation to Town Meeting 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 to set aside for later spending funds for general purposes that are consistent with community preservation.
(d) The Committee shall perform such duties and tasks as required by the Community Preservation Act with respect to the maintenance of records and any post-funding responsibilities required by the Act. The Committee shall, in a manner consistent with the Community Preservation Act and any other applicable law or regulations, maintain an active involvement with respect to approved Community Preservation Act projects, their status and progress.
Sec. 2-67. Quorum Requirement
The Committee shall not conduct business without the presence of a quorum. A majority of the members of the Committee shall constitute a quorum. The Committee shall approve its actions by majority vote of those members then present.
Sec. 2-68. Amendments
This Bylaw may be amended from time to time by a majority vote of Town Meeting, provided that no such amendment may cause this Bylaw to be in conflict with the Community Preservation Act.
Sec. 2-69 Severability
In case any section, paragraph or other part of this Bylaw shall be for any reason declared invalid, unlawful or unconstitutional by any court of competent jurisdiction, every other section, paragraph and part hereof shall continue in full force and effect insofar as lawfully feasible.
Sec. 2-70 Effective Date
This Article shall take effect immediately upon approval of the Attorney General of the Commonwealth and due publication as required by applicable law. Each of the appointing authorities designated in Section 2-64 shall after such approval make its designation known to the Board of Selectmen, in writing, within thirty (30) days after such effective date, provided that an appointment by any such appointing authority submitted prior to such approval and publication, but subsequent to the vote of the town meeting enacting this Bylaw shall, upon such approval and publication, be deemed a lawful and sufficient appointment.
Submitted by: John Warren, et al.