A.
Generally. This part of the Administrative Code describes all multiple-member
bodies whose members are appointed by the Mayor and further delineates
manner and time of appointment, terms of appointment generally and
authorities and responsibilities. The City's representatives to regional
governmental boards and committees shall, unless the organic law establishing
such a committee provides otherwise, be appointed by the Mayor.
B.
Multiple-member bodies and advisory committees.
(1)
This part of the Administrative Code lists and describes all current
multiple-member bodies of the City. The Mayor may, by administrative
order, reorganize, consolidate, create, merge, divide, or abolish
multiple-member bodies of the City. Administrative orders establishing
multiple-member bodies shall specify the following: membership, term
of office and authorities and responsibilities. Multiple-member bodies
are considered to be City agencies as that term is defined in the
Charter.
(2)
Advisory committees may be appointed by the Mayor from time to time
for the purpose of assisting him or her in carrying out his or her
responsibilities. Advisory committees, however, shall have no official
authority on behalf of the City of Melrose and shall not be considered
a board, commission, committee or subcommittee of the City of Melrose.
Appointments to advisory committees are not subject to City Council
approval or rejection.
C.
Method of appointment; removal; term of office.
(1)
The Mayor appoints all members of multiple-member bodies; provided,
however, that appointments made by the Mayor shall become effective
on the 45th day following the day on which notice of the proposed
appointment is filed with the City Council, unless the City Council
shall, within such period, by majority of the full City Council, vote
to reject such appointment or has sooner voted to affirm it. All members
of multiple-member bodies shall take the oath of office within four
weeks of their appointment and must take the oath of office prior
to entering upon the duties of their office. The City Clerk administers
oaths of office.
(2)
Members of multiple-member bodies shall be deemed to have vacated
office if said member fails to attend regularly scheduled meetings
for a period of three consecutive months without express leave from
the chair of such multiple-member body or if such member is absent
from such duties for the period of one year notwithstanding the permission
from the chair to be absent.
(3)
Unless otherwise provided by law, the terms of office of multiple-member bodies are arranged so that 1/3 of the terms or as nearly that number as may be possible shall expire each year; vacancies are filled in the same manner of appointment for the remainder of the term; length of term is three years and appointments are effective the first day of March and expire the last day of February. Numbers of members for multiple-member bodies will vary. Whenever a vacancy occurs on a multiple-member body because of death, resignation, removal from the City, removal by the Mayor or the pending expiration of a term for which a person has been appointed, public notice shall be given indicating the title, the length of term, a brief description of duties and a general indication of the qualifications desired of candidates. Members may be removed by the Mayor for such cause as the Mayor deems sufficient in accordance with the provisions of Section 3-4 of the Charter.
D.
Annual reports. All multiple-member bodies shall prepare an annual
report of their activities and submit it to the Mayor and the City
Clerk on or before the fourth Friday in September. The annual report
shall describe fiscal year activities for the year ending each June
30. Where required by state, regional and federal regulations, certain
boards may be required to submit copies of their annual reports to
appropriate state, regional and federal agencies.
E.
Multiple-member body internal organization; rules and regulations;
setting charges and fees.
(1)
In order to acquaint new members of multiple-member bodies with the
affairs which will come before them, the chair shall make available
to each new member the minutes of the meetings of the two previous
years and copies of any applicable laws, ordinances, rules, or regulations
governing such multiple-member body.
(2)
Each multiple-member body shall, at a minimum, annually elect from
its membership a chair, vice chair and clerk, and such other officer
or officers as are deemed necessary or as are required by statute.
The annual election shall occur in March of each year. The Mayor and
City Clerk shall be notified of the officers of each body upon their
election.
(3)
Each multiple-member body shall use Robert's Rules of Order and shall
provide for the keeping of minutes. Such minutes shall be available
for public inspection. The chair presides over all meetings of the
multiple-member body and is the official representative of the multiple-member
body in all proceedings before the City Council and other officials
of the City. The vice chair performs the chair's functions in the
absence of the chair. The clerk is responsible for the certification
of the multiple-member body's meeting minutes, observance of the Open
Meeting Law,[1] and maintenance of the journal of proceedings of the multiple-member
body. If requested by any member, any vote shall be taken by a call
of the roll and the vote shall be recorded in the journal provided.
However, if the vote is unanimous, only that fact need be recorded.
A majority of a multiple-member body shall constitute a quorum, but
a smaller number may meet and adjourn from time to time. Regulatory
multiple-member bodies shall make rules and regulations and adopt
administrative processes for the proper function of activities under
their care and control. Regulatory multiple-member bodies may set
such charges and fees for services and the use of facilities as deemed
appropriate. Such charges and fees shall be approved by the Mayor
and the City Council. All aspects of financial management for all
multiple-member bodies shall be prescribed by the City Auditor.
[1]
Editor's Note: See MGL c. 30A, §§ 18 to 25.
F.
Time and place of meetings. The clerk of each multiple-member body
is responsible for notifying the City Clerk, on or before the first
of April, of the regularly scheduled multiple-member body meeting
times and dates for the ensuing calendar year. The notification shall
also include a location for each regular meeting. This shall not prevent
multiple-member bodies from amending the schedule or calling special
meetings in addition to those regularly scheduled, provided that,
in all instances, provisions of the Open Meeting Law are followed.
The City Clerk shall ensure posting of all meeting schedules, consistent
with the Open Meeting Law.
G.
Authority to establish subcommittees. Each multiple-member body may,
by a majority vote of its membership, establish subcommittees of the
multiple-member body for the purpose of addressing a particular issue
or issues. A report of their activities shall regularly be made to
the full multiple-member body. Each subcommittee so established shall
observe laws relevant to the keeping of public records, the Open Meeting
Law, and any other applicable law, charter or administrative order.
H.
Multiple-member body meetings with City Council. The chair of each
multiple-member body shall annually, upon election, meet with the
chair of the respective City Council committee with which the multiple-member
body has a relationship for the purpose of defining appropriate interaction
and communication during the ensuing fiscal year. The meeting should
establish the following: frequency and method of communications, official(s)
or employee(s) responsible for communications, and multiple-member
body and City Council committee roles in the development of ordinances.
I.
Authority of multiple-member bodies. Multiple-member bodies may be:
(1)
Advisory, wherein the body has no legal authority to promulgate rules
or regulations, decide individual cases or enact policy;
(2)
Regulatory, wherein the body has legal authority to promulgate rules
and regulations, set charges and fees, decide individual cases and
enact policy;
(3)
Ministerial, wherein the body has legal authority to take actions
which are essentially administrative in nature; or
(4)
Combinations of advisory, regulatory, and ministerial.
J.
Eligibility for service. Any resident of Melrose, except an elected official, is eligible to be appointed to a multiple-member body. The residency requirement may be waived by the Mayor. Only where expressly authorized by the Charter, the Administrative Code, or General Law shall an officer or employee be appointed to serve on a multiple-member body. This limitation shall not apply to advisory committees, as further defined in Subsection B of this section.
K.
Clerical and other assistants. Subject to the appropriation of the
necessary funds, a multiple-member body may employ such clerical and
other assistants as it may, from time to time, require. The positions
of persons so employed shall be classified and their rates of compensation
shall be fixed in accordance with the provisions of the salary administration
plan. They shall be subject to the supervision of the multiple-member
body and shall perform such duties as it may prescribe.
[Added 8-21-2017 by Ord.
No. 2018-4]
State law reference: MGL c. 40, § 8B.
A.
Established. There shall be a Council on Aging consisting of seven
members of which at least five members shall be 60 years of age or
older.
[Amended 3-15-2021 by Order No. 2021-80]
B.
Authorities and responsibilities. The Council on Aging coordinates
and implements programs designed to meet the needs of residents age
60 and over. The Council surveys the elderly population to better
determine their needs, problems and concerns. The Council develops
criteria for program and supportive service development based upon
an assessment of needs and participates in programs offered by the
commonwealth's Executive Office of Elder Affairs. The Council has
all of the other powers, duties and responsibilities that are given
to councils on aging by the General Laws.
C.
The Council on Aging is an advisory multiple-member body of the City.
State law reference: MGL c. 41, § 81Z.
A.
Established. There shall be a Board of Appeals consisting of five
members and up to two associate members.
B.
Authorities and responsibilities. The Board of Appeals hears and
decides individual cases brought by persons seeking relief from the
requirements of the Zoning Ordinance, all as provided for by General
Laws and by the City Zoning Ordinance.[1] Specifically, the Board hears and decides applications
for variances from the Zoning Ordinance requirements. It also hears
and decides applications for special permits and appeals relating
to actions or refusals to act by the zoning enforcement officer. The
Board has all of the other powers, duties and responsibilities that
are given to zoning boards of appeal by the General Laws.
C.
The Board of Appeals is a regulatory multiple-member body of the
City.
State law reference: MGL c. 41, § 24.
A.
Established. There shall be a Board of Assessors consisting of three
members.
B.
Authorities and responsibilities. The Board of Assessors annually
makes fair cash valuation of all estates, both real and personal,
subject to taxation within the City. The Board calculates and submits
to the City Council for its approval the annual tax rate information
necessary to meet all sums voted by the City. The Board hears and
decides all questions relating to the abatement of taxes levied by
it. The Board has all of the other powers, duties and responsibilities
that are given to boards of assessors by the General Laws.
C.
The Board of Assessors is an advisory and regulatory multiple-member
body of the City.
A.
Established. There shall be a Board of Trustees of the Beebe Estate
consisting of seven members.
B.
Authorities and responsibilities. The Board of Trustees of the Beebe
Estate shall have the management and control of the Beebe Estate house
and gardens. The Board of Trustees shall have full power to use, rent
or grant the use of the house and gardens and conditions and terms
thereof; such conditions and terms shall be approved by the City Solicitor.
The City of Melrose shall continue to occupy space in the building
in perpetuity at no cost. All funds received by the Trustees shall
be deposited in the City treasury and available for exclusive appropriation
for Beebe Estate expenses. The Board shall annually submit a budget
in the same manner as prepared by any other City department. The Trustees
shall be deemed to be special municipal employees of the City of Melrose.
[Amended 8-21-2017 by Ord. No. 2018-4]
C.
The Board of Trustees of the Beebe Estate is a regulatory and ministerial
multiple-member body of the City.
A.
Established. There shall be a Cable Television Commission consisting
of three members.
B.
Authorities and responsibilities. The Cable Television Commission
advises the Mayor on matters relating to the licensing and administration
of a contract for cable television services in the City. Consistent
with the cable television contract, the Commission may be designated
by the Mayor to exercise certain authorities under the contract. The
Commission provides a forum for citizen complaints and suggestions
relating to the cable television services and refers subscriber complaints
to the cable operator for appropriate resolution. The Commission meets
not less than once each quarter for the purpose of reviewing cable
contract compliance and advising on other licensing matters.
C.
The Cable Television Commission is an advisory multiple-member body
of the City.
State law reference: MGL c. 114, § 10.
A.
Established. There shall be a Cemetery Committee consisting of three
members.
B.
Authorities and responsibilities. The Cemetery Committee manages
the Wyoming Cemetery and may convey the sole and exclusive right of
burial in any lot and of erecting tombs and other monuments thereon.
The Committee has all of the other powers, duties and responsibilities
that are given to cemetery commissioners by the General Laws.
C.
The Cemetery Committee is a regulatory multiple-member body of the
City.
State law reference: MGL c. 40, § 8C.
A.
Established. There shall be a Conservation Commission consisting
of seven members and up to two associate members. The first appointment
of the two associate members shall be for one year for one member
and two years for one member. All subsequent appointments shall be
for three years, and such appointments of associate members and the
filling of vacancies in such associate members shall be by appointment
by the Mayor subject to confirmation by the City Council.
[Amended 8-21-2017 by Ord. No. 2018-4]
B.
Authorities and responsibilities. The Conservation Commission protects,
promotes and enhances the quality of the natural resources within
the City, especially wetlands and water resources. The Conservation
Commission is responsible for the preservation and protection of floodplains,
water bodies and other wetlands within the City. The Commission is
responsible for the stewardship of the City's conservation lands.
The Commission has all of the other powers, duties and responsibilities
that are given to conservation commissions by the General Laws.
C.
The Conservation Commission is an advisory and regulatory multiple-member
body of the City.
State law reference: MGL c. 111, § 26.
A.
Established. There shall be a Board of Health consisting of three
members, one of whom shall be a physician.
B.
Authorities and responsibilities. The Board of Health preserves and
maintains the City's public health standards and protects its environmental
resources through community education and by promulgating reasonable
rules and regulations pertaining to those matters placed under its
jurisdiction by this Administrative Code. The Board takes evidence
in appeals, considers plans required by law, holds hearings and issues
findings relative to these matters but has no administrative or executive
functions. The Director of Public Health exercises the administrative
and executive functions of the Board. The Board may delegate the holding
of hearings to the Director but retains the legal authority to vote
on the ultimate disposition of the matter being heard. The Board establishes
policies and programs for implementation by the Public Health Department.
The Board has all of the other powers, duties and responsibilities
that are given to boards of health by the General Laws.
C.
The Board of Health is an advisory and regulatory multiple-member
body of the City.
State law reference: MGL c. 40, § 8D.
A.
Established. There shall be a Historical Commission consisting of
seven members.
B.
Authorities and responsibilities. The Historical Commission preserves,
protects, and develops the historical and archaeological assets of
the City. The Commission may conduct research for places of historic
and archaeological value. The Commission may, subject to appropriation
and approval by the Mayor, advertise, prepare, print and distribute
books, maps, charts, plans and pamphlets which it deems necessary
for its work. The Commission, for the purpose of protecting and preserving
such places, may make such recommendations as it deems necessary to
the Mayor and, subject to the approval of the City Council, to the
Massachusetts Historical Commission that any such place be certified
as a historical or archaeological landmark. The Commission surveys
and compiles a listing of all historical sites and buildings within
the City, public and private; determines the functions and structures
of all historical organizations within the City; and holds correlative
seminars with historical organizations. It further determines the
requirements for repair, reconstruction, and protection of historical
landmarks and assists and cooperates with public commissions in the
conduct of public historical events. The Commission has all of the
other powers, duties and responsibilities that are given to historical
commissions by the General Laws.
C.
The Historical Commission is an advisory multiple-member body of
the City.
A.
Established. There shall be a Human Rights Commission consisting
of 11 members. The Commissioners shall, as far as it is practicable,
be selected so as to ensure representation from those classes protected
under state and federal law, including but not limited to race, color,
religious creed, national origin, sex, age, disability, veteran status,
ancestry, sexual orientation, gender identity, gender expression,
or public benefit status.
[Amended 12-15-2014 by Order No. 2015-72]
B.
Authorities and responsibilities. The Human Rights Commission has
the authority to initiate and conduct hearings, and conduct investigations
into the existence of unlawful discrimination or denial of equal access
to housing, employment, education, public accommodations, services
and facilities affecting any group or individual on the basis of his
or her race, color, religious creed, national origin, sex, age, disability,
veteran status, ancestry, sexual orientation, gender identity, gender
expression, or public benefit status. It may attempt to resolve disputes
through the use of mediation and may report to the Mayor on any matters
that cannot be resolved through mediation. The Commission has the
authority to refer matters to the Massachusetts Commission Against
Discrimination for enforcement. The Commission does not hear complaints
alleging discrimination on the part of any City agency or official.
[Amended 12-15-2014 by Order No. 2015-72]
C.
The Human Rights Commission is a ministerial and advisory multiple-member
body of the City.
D.
It is the policy of the City of Melrose to uphold the human rights
of all persons in Melrose and the free exercise and enjoyment of any
rights and privileges secured by the Constitutions and laws of the
United States and the Commonwealth of Massachusetts. This policy shall
ensure equal opportunity to each person regardless of race, color,
religious creed, national origin, sex, age, ancestry, sexual orientation,
gender identity, gender expression, marital, family or military status,
source of income or disability where unlawful discrimination exists
in housing, employment, education, public accommodations, City services,
insurance, banking, credit and health care.
[Added 12-15-2014 by Order
No. 2015-72]
A.
Established. There shall be a Board of Trustees of the Library consisting
of six members.
B.
Authorities and responsibilities. The Board of Trustees represents
to the City the interests, issues, and concerns of the library. The
Board of Trustees establishes a written policy for the selection of
library materials and the use of materials and facilities in accordance
with the standards adopted by the American Library Association. The
Board has all of the other powers, duties and responsibilities that
are given to library trustees by the General Laws.
C.
The Board of Trustees is a regulatory and advisory multiple-member
body of the City.
State law reference: MGL c. 138, § 4.
A.
Established. There shall be a Liquor Licensing Commission consisting
of three persons, who shall not be engaged, directly or indirectly,
in the manufacture or sale of alcoholic beverages, who have been residents
of the City for at least two years immediately preceding their appointment.
One member shall be appointed from each of the two leading political
parties and the third member may also be appointed from one of said
parties. If any member of said Commission engages directly or indirectly
in such manufacture or sale, his or her office shall immediately become
vacant. Members shall serve for six-year terms.
B.
Authorities and responsibilities. The Liquor Licensing Commission
acts as the licensing board for the City with all power to grant,
suspend, or revoke licenses and permits for intoxicating liquors.
The Commission has all of the other powers, duties and responsibilities
that are given to liquor licensing commissions by the General Laws.
C.
The Liquor Licensing Commission is a regulatory multiple-member body
of the City.
State law reference: MGL c. 45, § 2; Chapter 124 of
the Acts of 1936.
A.
Established. There shall be a Board of Park Commissioners consisting
of five members.
B.
Authorities and responsibilities. The Board of Park Commissioners
shall oversee the design, constructing, alteration, repair, maintenance
and management of the public parks, squares, and playgrounds and the
lighting and watering thereof. The Board of Park Commissioners shall
have the exclusive care, management and control of the Mount Hood
Memorial Park and Golf Course. The Board shall have full power to
use, rent or grant the use of the property under its jurisdiction
and set the conditions and terms thereof; such conditions and terms
shall be approved by the City Solicitor.
C.
The Board of Park Commissioners is a regulatory multiple-member body
of the City.
State law reference: MGL c. 41, § 81A.
A.
Established. There shall be a Planning Board consisting of nine members
appointed to serve for a term of five years or until their successors
are appointed and qualified. The position of Board Member on the Planning
Board in the City of Melrose shall be designated as a "Special Municipal
Employee" as that term is defined in MGL Chapter 268A.
[Amended 8-21-2017 by Ord. No. 2018-4; 6-2-2008 by Order No. 08-254]
B.
Authorities and responsibilities. The Planning Board coordinates
the development of the City's vision, policies, goals and objectives
for the physical, environmental, economic and social growth and development
of the community. The Board provides advice for the incorporation
of the vision, policies, goals and objectives into a Comprehensive
Plan and reviews planning and development proposals for conformance
with that plan. The Planning Board continuously develops and revises
the Comprehensive Plan for the physical, environmental and social
needs of the City, and its constituent functional plans for housing,
transportation, parks and open space, historic preservation, and geographic
plans for the City's neighborhoods and retail business wards. It reviews
and approves the subdivision plans for the City and decides applications
for special permits for planned developments, hillside developments,
and affordable housing. The Planning Board administers a site plan
review process and issues site plans for new residential, commercial
and industrial uses. The Planning Board is the agency assigned to
review and provide comments on environmental impact reports. The Board
has all of the other powers, duties and responsibilities that are
given to planning boards by the General Laws.
C.
The Planning Board is an advisory and regulatory multiple-member
body of the City.
State law reference: MGL c. 51, §§ 15 and 25
(Order No. 20907).
A.
Established. There shall be a Board of Registrars of Voters consisting
of four members, one of whom shall be the City Clerk, with the City
Clerk also having the title of Clerk of the Board of Registrars. As
nearly as possible the members of the Board shall represent the two
leading political parties, provided that the City Clerk need not be
enrolled in a political party and provided, further, that in no case
shall an appointment be made so as to cause the Board to have more
than two members, including the City Clerk, of the same political
party.
B.
Authorities and responsibilities. The Board of Registrars of Voters
shall hold voter registration sessions, certify the signatures on
nomination papers and petitions, hold hearings and decide disputes
over signatures on nomination papers, prepare an annual list of persons
17 and older, and employ poll workers and ballot counters. The Board
has all of the other powers, duties and responsibilities that are
given to boards of registrars of voters by the General Laws.
[Amended 8-21-2017 by Ord. No. 2018-4]
C.
The Board of Registrars of Voters is a regulatory multiple-member
body of the City.
State law reference: Chapter 78 of the Acts of 1926.
A.
Established. There shall be a Board of Trustees of the Soldiers and
Sailors Memorial Building consisting of five members, at least two
of whom shall be veterans.
B.
Authorities and responsibilities. The Board of Trustees of the Soldiers
and Sailors Memorial Building shall have charge and control of the
repairs, maintenance and management of the Soldiers and Sailors Memorial
Building and any personnel assigned to perform repairs, maintenance
and management of said facility. The Trustees shall have full power
to use, rent or grant the use of the property under their jurisdiction
and set the conditions and terms thereof; such conditions and terms
shall be approved by the City Solicitor.
C.
The Board of Trustees of the Soldiers and Sailors Memorial Building
is a regulatory and ministerial multiple-member body of the City.
State law reference: MGL c. 115, § 12.
A.
Established. There shall be a Veterans' Services Advisory Board consisting
of 15 members.
B.
Authorities and responsibilities. The Veterans' Services Advisory
Board renders such assistance to the Veterans' Agent relative to the
provisions of services to veterans as said Veterans' Agent may request.
C.
The Veterans' Services Advisory Board is an advisory multiple-member
body of the City.
[Added 2-16-2016 by Ord.
No. 2016-77]
A.
Established. There shall be a Commission on Women ("Commission")
consisting of nine members. The members of the Commission shall be
residents of the City of Melrose, shall be drawn from diverse racial,
ethnic, religious, age, sexual orientation and socioeconomic backgrounds,
and shall have prior experience working toward the improvement of
the status of women in society.
[Amended 6-19-2017 by Ord. No. 2017-128]
B.
Authorities and responsibilities.
(1)
The Commission shall endeavor to study, understand, and promote constructive
action in areas of interest and concern to women and girls in the
community. As a central voice representing the interests of women
and girls in the community, the Commission shall facilitate and promote
economic, health, safety, education, leadership, and advocacy opportunities
for women, foster the advancement of women and girls toward full equality
in all areas of life, and provide the community with a needed vehicle
for information, advocacy, and action on issues affecting women. In
addition, the mission of the Commission shall be guided by the following
functions:
(a)
Survey and engage the women of Melrose in order to understand
issues of concern and areas of opportunity, such as family and workplace
policies, pay equity, women's health, and other areas as identified;
(b)
Educate leaders of business, education, health care, local government,
media, and the public on issues affecting women in our community;
(c)
Promote and facilitate collaboration among local boards, commissions,
and organizations with regard to issues affecting women in our community;
(d)
Serve as an educational resource by conducting research, producing
publications, and providing educational programs;
(e)
Develop and implement special projects and community events
focused on areas of interest and concern to women which are not currently
being implemented;
(f)
Recognize and promote the accomplishments of women in the community;
and
(g)
Preserve, document, and educate the public on the important
contributions of women throughout the community's history.
(2)
The Commission shall meet each January to elect one of its members
as chair and to decide on a calendar of monthly meetings for the ensuing
year, said calendar to be posted conspicuously at City Hall. Four
members of the Commission shall constitute a quorum, and a majority
of those present shall be sufficient for any action taken by the Commission.
Any member who fails to attend three consecutive meetings shall be
removed from the Commission.
C.
The Commission on Women is a ministerial and advisory multiple-member
body of the City of Melrose.
The following multiple-member bodies are incorporated herein
for reference. They are created by a special act of the Legislature
and may not be modified by ordinance or administrative orders.
[Added 2-24-2020 by Order
No. 2020-52]
State Law Reference: MGL c. 40, § 8J.
A.
Established. There shall be a Commission on Disability ("Commission")
consisting of seven members. The members of the Commission shall be
residents of the City of Melrose. A majority of the Commission shall
consist of people with disabilities, one member of the Commission
shall be a member of the immediate family of a person with a disability
and one member of the Commission shall be either an elected or appointed
official of that city or town.
B.
Authorities and responsibilities. The Commission shall: (1) research
local problems of people with disabilities; (2) advise and assist
municipal officials and employees in ensuring compliance with state
and federal laws and regulations that affect people with disabilities;
(3) coordinate or carry out programs designed to meet the problems
of people with disabilities in coordination with programs of the Massachusetts
Office on Disability; (4) review and make recommendations about policies,
procedures, services, activities and facilities of departments, boards
and agencies of the City of Melrose as they affect people with disabilities;
(5) provide information, referrals, guidance and technical assistance
to individuals, public agencies, businesses and organizations in all
matters pertaining to disability; and (6) assist and coordinate activities
of other local groups organized for similar purposes. The Commission
shall hold at least 10 meetings annually.
C.
The Commission on Disability is a ministerial and advisory multiple
member body of the City of Melrose.
[Added 9-8-2020 by Order
No. 2021-2]
State Law Reference: MGL c. 44, § 55C.
A.
Established. The Melrose Affordable Housing Trust Fund is hereby
established.
B.
Purpose. The Trustees of the Melrose Affordable Housing Trust Fund
shall administer an Affordable Housing Trust Fund to provide for the
creation and preservation of affordable housing within the City of
Melrose to promote greater diversity and racial equity in the community
and for the benefit of low- to moderate-income households in accordance
with the provisions of MGL c. 44, § 55C.
C.
Board of Trustees.
(1)
Composition. The Melrose Affordable Housing Trust Fund shall have
a Board of Trustees composed of five Trustees that meet at regular
intervals. The Mayor or Mayor's designee shall serve as one of the
Trustees.
(2)
Appointment of Trustees; terms, vacancies. The Mayor shall appoint
Trustees annually in January, subject to confirmation by the City
Council. The Trustees first appointed shall have staggered terms,
with two of the appointed Trustees initially serving a one-year term,
and the remaining two serving a two-year term. Thereafter, all appointments
and reappointments, with the exception of the Mayor's term, shall
be for a period of two years. If a vacancy shall occur among the Trustees,
it shall be filled in the same manner as the original appointment
for the unexpired term.
(3)
Service without compensation. The Trustees shall serve without compensation.
(4)
Removal. Trustees may be removed by the Mayor, at his discretion.
(5)
Authority and responsibilities. The specific authority and responsibilities
of the Trustees, all of which shall be carried on in furtherance of
the purposes set forth in MGL c. 44, § 55C, and in this
article, are as follows:
(a)
To accept and receive property, whether real or personal, by
gift, grant, devise, or transfer from any person, firm, corporation
or other public or private entity, including without limitation grants
or funds or other property tendered to the Trust in connection with
provisions of any zoning ordinance or bylaw or any other ordinance
or bylaw;
(b)
To purchase and retain real or personal property, including
without restriction investments that yield a high rate of income or
no income;
(c)
To sell, lease, exchange, transfer or convey any personal, mixed,
or real property at public auction or by private contract for such
consideration and on such terms as to credit or otherwise, and to
make such contracts and enter into such undertaking relative to Trust
property as the Board deems advisable, notwithstanding the length
of any such lease or contract;
(d)
To execute, acknowledge and deliver deeds, assignments, transfers,
pledges, leases, covenants, contracts, promissory notes, releases
and other instruments sealed or unsealed, necessary, proper or incident
to any transaction in which the Board engages for the accomplishment
of the purposes of the Trust;
(e)
To employ advisors and agents, such as accountants, appraisers
and lawyers as the Board deems necessary;
(f)
To fund grant positions for municipal employees through specified
grants established by the Trust, whose positions are in furtherance
of the purposes set forth in MGL c. 44, § 55C, and in this
article;
(g)
To pay reasonable compensation and expenses to all advisors
and agents and to apportion such compensation between income and principal
as the Board deems advisable;
(h)
To apportion receipts and charges between incomes and principal
as the Board deems advisable, to amortize premiums and establish sinking
funds for such purpose, and to create reserves for depreciation depletion
or otherwise;
(i)
To participate in any reorganization, recapitalization, merger
or similar transactions; and to give proxies or powers of attorney
with or without power of substitution to vote any securities or certificates
of interest; and to consent to any contract, lease, mortgage, purchase
or sale of property, by or between any corporation and any other corporation
or person;
(j)
To deposit any security with any protective reorganization committee,
and to delegate to such committee such powers and authority with relation
thereto as the Board may deem proper and to pay, out of Trust property,
such portion of expenses and compensation of such committee as the
Board may deem necessary and appropriate;
(k)
To carry property for accounting purposes other than acquisition
date values;
(l)
To borrow money on such terms and conditions and from such sources
as the Board deems advisable, to mortgage and pledge Trust assets
as collateral;
(m)
To make distributions or divisions of principal in kind;
(n)
To comprise, attribute, defend, enforce, release, settle or
otherwise adjust claims in favor of or against the Trust, including
claims for taxes, and to accept any property, either in total or partial
satisfaction of any indebtedness or other obligation, and subject
to the provisions of this article, to continue to hold the same for
such period of time as the Board may deem appropriate;
(o)
To manage or improve real property; and to abandon any property
which the Board determined not to be worth retaining;
(p)
To hold all or part of the Trust property uninvested for such
purposes and for such time as the Board may deem appropriate; and
(q)
To extend the time for payment of any obligation to the Trust.
D.
Limitations.
(2)
Any debt incurred by the Trust shall not constitute a pledge of the
full faith and credit of the City of Melrose, and all documents related
to any debt shall contain a statement that the holder of any such
debt shall have no recourse against the City of Melrose, with an acknowledgement
of said statement by the holder.
E.
Reporting. The Trustees shall keep a record of their doings and make
a report thereof to the City annually. The report shall include a
description and source of funds received and expended and the type
of affordable housing programs or properties assisted with the funding.
Such report shall be sent to the Mayor not later than January 15 in
each year, and a copy thereof shall be filed with the Office of Planning
and Community Development. The books and records of the Trust shall
also be audited annually by an independent auditor in accordance with
accepted accounting practice. The audit of the Trust may be done by
the City's auditors. The Trustees shall also provide the City Council
with a copy of the Trust's annual audit.
F.
Legal status.
(1)
The Trust is a public employer and the members of the Board are public
employees for purposes of Chapter 258 of the Massachusetts General
Laws.
(2)
The Trust shall be deemed a municipal agency and the Trustees shall
be deemed as special municipal employees for purposes of Chapter 268A
of the Massachusetts General Laws.
(3)
The Trust is exempt from Chapters 59 and 62 of the Massachusetts
General Laws, and from any other provisions concerning payment of
taxes based upon or measured by property or income imposed by the
commonwealth or any political subdivision thereof.
(4)
The Trust is a governmental body for purposes of Sections 18 through
25 of Chapter 30A of the Massachusetts General Laws.
(5)
The Trust is a Board of the City for purposes of Massachusetts General
Law Chapter 30B and MGL c. 40, § 15A; but agreements and
conveyances between the trust and agencies, Boards, commissions, authorities,
departments and public instrumentalities of the City or town shall
be exempt from said Chapter 30B of the Massachusetts General Laws.
