[Ord. No. 1179, § I, 2-14-2017[1]]
There is hereby established a municipal board to be known as
the "Community Preservation Committee."
[1]
Editor's Note: This ordinance was originally adopted as Art. L, but was redesignated as Art. LI as an Art. L already existed. In addition, the sections within this article were originally adopted as §§ 2-288 through 2-294. They were renumbered as §§ 2-289 through 2-295, respectively, as a § 2-288 already existed.
[Ord. No. 1179, § I, 2-14-2017]
(a)
The Community Preservation Committee shall consist of nine voting
members pursuant to Massachusetts General Laws, Chapter 44B, and the
City Charter. The composition of the Committee, the appointment authority
and the term of office for the Committee members shall be as follows:
(1)
One member of the Community Development Board (created by MGL
c. 43c, § 12) as designated by the Board for a term of one
year.
(2)
One member of the Conservation Commission (created by MGL c.
40, § 8c) as designated by the Commission for a term of
one year.
(3)
One member of the Historical Commission (created by MGL c. 40,
§ 8D) as designated by the Commission for a term of one
year.
(4)
One member of the Board of Park Commissioners (created by MGL
c. 45, § 2) as designated by the Board for a term of one
year.
(5)
One member of the Housing Authority Board (created by MGL c.
121B, § 3) as designated by its Board of Directors for a
term of one year.
(6)
Four at-large members appointed by the Mayor subject to City
Council approval for a term of three years, in accordance with the
City Charter. The four at-large members shall not be elected officials
or City staff whose responsibilities directly involve administering
Community Preservation Act funds or programs. Terms shall be so arranged
that as to equal a number as possible shall expire each year.
(b)
Any vacancy on the Community Preservation Committee shall be filled
by the commission, authority or board that designated the member who
creates the vacancy by designating another member in accordance with
the above for the unexpired term.
(c)
Should any of the commissions, boards, councils or committees who
have appointment authority under this chapter be no longer in existence
for whatever reason, the appointment authority for that commission,
board, council, or committee shall become the responsibility of the
Mayor.
[Ord. No. 1179, § I, 2-14-2017]
(a)
The Community Preservation Committee shall study the needs, possibilities
and resources of the City regarding community preservation. The Committee
shall consult with existing municipal boards, including the Conservation
Commission, the Historical Commission, the Community Development Board,
the Board of Parks Commissioners and the Pittsfield Housing Authority,
or persons acting in those capacities or performing like duties, in
conducting such studies. 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. The Committee may, after proper appropriation,
incur expenses as permitted by state law using funds from the Community
Preservation Fund to pay such expenses.
(b)
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,
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 Community Preservation
Committee shall recommend, wherever possible, the reuse of existing
buildings or construction of new buildings on previously developed
sites.
(c)
The Community Preservation Committee may include in its recommendation
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 to accomplish that specific purpose or recommended
action to set aside for later spending funds for general purposes
that are consistent with community preservation.
[Ord. No. 1179, § I, 2-14-2017]
(a)
The Community Preservation 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 Community Preservation
Committee shall constitute a quorum. The Community Preservation Committee
shall approve its actions by majority vote of the quorum.
(b)
Recommendations to the City Council shall include their anticipated
costs.
[Ord. No. 1179, § I, 2-14-2017]
The Community Preservation Committee shall, from time to time,
review the administration of this article, making recommendations,
as needed, for changes in the article and in administrative practice
to improve the operations of the Community Preservation Committee.
This article may be amended from time to time by a majority vote of
the City Council, provided that the amendments would not be in conflict
with Chapter 44B of the Massachusetts General Laws.
[Ord. No. 1179, § I, 2-14-2017]
In case any section, paragraph or part of this article is 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.
[Ord. No. 1179, § I, 2-14-2017]
Following City Council approval of this article, each appointing
authority shall have 60 days to make their initial appointments to
the Community Preservation Committee.
