[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:
(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.
