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City of Waltham, MA
Middlesex County
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[1]
Editor's Note: This new article was originally adopted as Art. XXX, Secs. 2-394 through 2-398. It was redesignated as Art. XXXI, Secs. 2-400 through 2-404 as the Code already contained an Art. XXX, Secs. 2-394 through 2-399.
[Ord. No. 30452, 6-26-2006]
There is hereby established a Community Preservation Committee pursuant to the provisions of MGL, c. 44B, § 5.
[Ord. No. 30452, 6-26-2006; Ord. No. 31535, 4-11-2011]
(a) 
The Committee shall consist of nine voting members, as follows: The Conservation Commission, Board of Survey and Planning, Waltham Housing Authority, Waltham Historical Commission, and the Parks-Recreation Board shall each designate one of its members to serve as a member of the Committee. In addition, the City Council shall appoint four members who are residents of the City and at the time of appointment and during their term shall not serve as an elected official; a member of any other City of Waltham board, commission, authority, or committee; or be a City of Waltham employee. Members shall be designated or appointed prior to the end of each fiscal year to serve a one-year term concurrent with the following fiscal year.
(b) 
Election of Chair; terms of office.
(1) 
The Committee members shall annually at the first meeting in each fiscal year elect a Chairperson by majority vote and a clerk who will keep the minutes of all meetings.
(2) 
In the event that a Committee member is unable for any reason to complete serving a term, whether by failure of reappointment to his or her underlying board, commission or authority, or otherwise, the City Council, board, commission or authority responsible for appointing said Committee member shall forthwith designate a new member to complete the remainder of the term.
(3) 
Any Committee member may be removed for cause by his or her respective designating or appointing authority after a hearing.
(4) 
All Committee members shall serve on the Committee without compensation.
[Ord. No. 30452, 6-26-2006]
(a) 
The Community Preservation Committee shall study the needs, possibilities, and resources of the City regarding community preservation. The Committee shall consult with the Mayor, the City Council, the Planning Director, the Housing Director, the Conservation Commission, the Waltham Historical Commission, the Board of Survey and Planning, the Parks-Recreation Board, the Waltham Housing Authority, the Waltham Housing Partnership Committee, and any persons acting in those capacities or performing like duties, in conducting such studies.
(b) 
As part of its study, the Committee shall hold one or more public informational hearings on the needs, possibilities and resources of the City regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the City, and published electronically on the City's web site. The Committee shall meet as necessary to carry out its duties, but in any fiscal year shall hold no fewer than four meetings.
(c) 
The Committee shall consider in its study appropriate criteria and goals articulated in any and all applicable plans, studies and reports produced by or for the City, including but not limited to: Community Development Plan, Master Plan, Open Space and Recreation Plan, Housing Plan, Capital Improvement Program. In making its study and preparing recommendations, the Committee shall consult for advice and recommendations, with all appropriate City officials, including, but not limited to, the Mayor, City Council, Director of Planning, Housing Director, City Solicitor, Recreation Director, Building Commissioner, Director of Consolidated Public Works, and any other City official the Committee deems appropriate to their study process.
(d) 
The Community Preservation Committee shall make recommendations to the City Council for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation and preservation of land for recreational use; for the creation, preservation and support of community housing; and for the rehabilitation or restoration of open space, land for recreational use, and community housing that is acquired or created as provided in this section.
(e) 
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.
(f) 
The Community Preservation Committee may include in its proposal to the City 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 or to set aside for later spending funds for general purposes that are consistent with community preservation.
(g) 
The Community Preservation Committee may recommend the issuance of general obligation bonds or notes, in accordance with the provisions of MGL c. 44B, § 11, in anticipation of revenues to be raised pursuant to MGL, c. 44B, § 3, the proceeds of which shall be deposited in the Community Preservation Fund.
(h) 
In every fiscal year, the Community Preservation 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:
(1) 
Open space (not including land for recreational use);
(2) 
Historic resources; and
(3) 
Community housing.
(i) 
No expenditures shall be made from the Community Preservation Fund without the approval of the City Council.
(j) 
The Community Preservation Committee shall submit to the City Council, by March 1 of each year, an annual administrative and operating budget for the Community Preservation Committee, which cannot exceed 5% of the annual revenues in the Community Preservation Fund.
(k) 
All recommendations and proposals submitted by the Committee to the City Council shall include the anticipated costs thereof.
[Ord. No. 30452, 6-26-2006]
The Community Preservation Committee shall not meet or conduct business without the presence of a quorum. A majority of the members of the Community Preservation Committee shall constitute a quorum. The Community Preservation Committee shall act only by majority vote of the entire Committee.
[Ord. No. 30452, 6-26-2006]
In the event any part of this article is for any reason declared invalid or unconstitutional by any court, the remainder of this article shall continue in full force and effect.