[Ord. O-2018-59,
passed 6-26-2018]
There is hereby established a Community
Preservation Committee, consisting of nine voting members pursuant
to the provisions of Mass. Gen. Laws Ch. 44B.
[Ord. O-2018-59,
passed 6-26-2018]
The composition of the Committee
and the appointment authority for the Committee members shall be as
follows.
(A)
Statutory membership.
(1)
There shall be five statutory members
of the Committee designated as provided herein.
(a)
One member of the Planning Board
as designated by the Board.
(b)
One member of the Conservation Commission
as designated by the Commission.
(c)
One member of the Historical Commission
as designated by the Commission.
(d)
One member of the Housing Authority
as designated by the Authority.
(e)
One member appointed by the City
Manager who shall be a resident or employee of the City who acts in
the capacity or performs like duties of a Board of Park Commissioners.
(2)
Any vacancy in the statutory membership
shall be filled for the remainder of the unexpired term in the same
manner as the original designation,
(3)
Should any of the statutory entities
listed above no longer be in existence for whatever reason, the City
Manager shall appoint a member who acts in the capacity or performs
like duties of such statutory entity.
(B)
Appointed membership. There shall be four
members appointed by the City Manager and confirmed by the City Council.
(1)
The four appointed members shall
be residents of the City and shall not be employees or appointees
under the authority of the City Manager or elected officials of the
City, at the time of appointment or during the pendency of their terms.
Acceptance of employment, appointment or election, or removal of residence
from the City, shall be deemed a vacating of office.
(2)
The City Manager should seek to appoint
members who are not just advocates for open space and land for recreational
use, historic resources, and community housing, but who also:
(a)
Have deep connections to different
constituencies within the City to make it more responsive to the needs
of its residents;
(b)
Can bring specific skills to the
execution of tasks required by the Committee;
(c)
Can bring specific outlooks that
may not normally be heard through the City's routine procedures; and
(d)
Value new approaches and ideas to
identifying projects outside the City's routine budget priority process.
(3)
Publication and outreach for these
positions must be widely advertised, using all available methods,
including but not limited to, current methods, but also using social
media as an additional tool.
(4)
Any vacancy in the appointed membership
shall be filled for the remainder of the unexpired term in the same
manner as the original appointment.
(C)
(D)
Removal. Any member of the Committee may
be removed by their respective designating or appointing authority,
for cause as determined by each such respective designating or appointing
authority.
(E)
Annual election of chair and other officers.
The Committee shall annually elect one of its members to serve as
chairperson, and may elect such other officers, adopt procedural rules
and regulations, and establish such subcommittees as it deems appropriate;
provided, however, that nothing herein shall prevent the Committee
from reorganizing from time to time.
[Ord. O-2018-59,
passed 6-26-2018]
(A)
The 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 Committee
shall constitute a quorum.
(B)
Each fiscal year, the Committee shall recommend
to the City Manager an operational and administrative budget, which
cannot exceed 5% of the Community Preservation Fund's estimated annual
revenues. The Committee shall provide budget recommendation(s) as
requested to the City Manager.
(C)
Members of the Committee shall not be compensated by the City in any way for their service on the Committee, with the exception being a member who may also be a City employee as set forth in § 36.02(A)(1)(e).
(D)
The Committee shall report to the City
Council twice during each fiscal year and at other times as may be
requested.
[Ord. O-2018-59,
passed 6-26-2018]
The Community Preservation Committee
shall have all powers and duties as set forth in Mass. Gen. Laws Ch.
44B, and in particular Mass. Gen. Laws Ch. 44B, § 5, as
may be amended.
[Ord. O-2018-59,
passed 6-26-2018]
(A)
Following City Council approval of Ordinance
O-2018-59, each appointing authority shall have 60 days to make initial
designations or appointments to the Community Preservation Committee.
Should any appointing authority fail to make its appointment within
that allotted time, the City Manager shall make the appointment for
the membership of such appointing authority.
(B)
The position of Community Preservation
Committee member shall be classified as a special municipal employee
position for the purposes of Mass. Gen. Laws Ch. 268A, the conflict
of interest law.
