[Note: Article 10 of the 5/9/2024 Special Town Meeting added this chapter.]
There is hereby established a Winchester Committee for Community Preservation (WCCP), consisting of nine voting members pursuant to M.G.L. Chapter 44B. The composition of the committee, the appointment authority, and the term of office for the committee members shall be as follows:
(a) 
One member of the Conservation Commission as designated by said Commission, for a term of three years.
(b) 
One member of the Historical Commission as designated by said Commission, for a term of three years.
(c) 
One member of the Field Management Committee as designated by the Select Board, for a term of three years.
(d) 
One member of the Winchester Housing Authority established under M.G.L. c. 121B, § 3, as designated by said Authority, for a term of three years.
(e) 
One member of the Planning Board as designated by said Board, for a term of three years
(f) 
One member of the Housing Partnership Board or Affordable Housing Trust as designated by the Select Board, for a term of three years.
(g) 
One member of the Capital Planning Committee as designated by said Committee, for a term of three years.
(h) 
One resident of the Town of Winchester, who does not hold elected or appointed office, nor serves as a Town employee, as designated by the Select Board, for a term of three years.
(i) 
One resident of the Town of Winchester, who does not hold elected or appointed office, nor serves as a Town employee, as designated by the Finance Committee for a term of three years.
(j) 
The Town Manager or their designee shall be an ex officio, non-voting member of the Committee.
No board or committee, as listed above, shall have more than one voting member on the WCCP. Town Meeting members are permitted to serve as members of the WCCP in any of the foregoing capacities.
Each member of the WCCP shall serve for a term of three years or until the person no longer serves in the position or on the board or committee as set forth above, whichever is earlier. Any vacancy on the Committee shall be filled by the commission, authority, committee, or board that designated the member who creates the vacancy by designating another member in accordance with the above for the unexpired term. A WCCP member who has served consecutively for two full terms shall not be reappointed until after a lapse of at least one year, provided that this requirement may be waived where no other candidate is available.
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 Select Board.
(a) 
The WCCP shall study the needs, possibilities, and resources of the Town regarding community preservation. The WCCP shall consult, as necessary with the Town Manager regarding municipal departments under the control of the Town Manager, directly with other municipal departments not controlled by the Town Manager and with existing municipal boards, including, but not limited to: the Select Board, the Capital Planning Committee, the Conservation Commission, the Historical Commission, the Planning Board, the Field Management Committee, the Winchester Housing Authority, the Housing Partnership Board, the Affordable Housing Trust, and the School Committee, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the WCCP shall hold one or more public informational hearings on the needs, possibilities, and resources of the Town 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 Town. The WCCP may, after proper appropriation, incur expenses as permitted by state law using funds from the community preservation fund to pay such expenses. The WCCP shall, to the extent feasible, align its planning process with the annual capital planning cycle, in coordination with the Town Manager and Capital Planning Committee.
(b) 
The WCCP shall make recommendations to Town Meeting 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 WCCP shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites. With respect to recreational use, the acquisition of artificial turf for athletic fields shall be prohibited.
(c) 
The WCCP may include in its recommendation to the Town Meeting 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.
(d) 
In every fiscal year, the WCCP 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 categories: a) open space and recreation; b) historic resources; and c) community housing, as such terms are defined under M.G.L. c. 44B, § 2.
The WCCP 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. The WCCP shall approve its actions by majority vote of the quorum. Recommendations to the Town Meeting shall include their anticipated costs.
The WCCP shall, from time to time, review the administration of this bylaw, making recommendations, as needed, for changes in the bylaw and in administrative practice to improve the operations of the WCCP. This bylaw may be amended from time to time by a majority vote of the Town Meeting, provided that the amendments would not be in conflict with Chapter 44B of the Massachusetts General Laws.
In case any section, paragraph or part of this chapter 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.
Following Town Meeting approval of this bylaw, this bylaw shall take effect immediately upon approval by the Attorney General of the Commonwealth and acceptance of the Community Preservation Act by the voters of Winchester. Each appointing authority shall have 30 days after the effective date hereof to make their initial appointments.
In order to prevent the terms of the members of the WCCP from expiring simultaneously, the initial terms as defined in Section 25-1 herein shall be staggered as follows:
(a) 
Conservation Commission for a term of three years.
(b) 
Historical Commission for a term of two years.
(c) 
Field Management Committee for a term of two years.
(d) 
Winchester Housing Authority for a term of one year.
(e) 
Planning Board for a term of one year.
(f) 
Housing Partnership Board or Affordable Housing Trust for a term of three years.
(g) 
Capital Planning Committee for a term of one year.
(h) 
Resident of the Town of Winchester appointed by the Select Board for a term of three years.
(i) 
Resident of the Town of Winchester appointed by the Finance Committee for a term of two years.
Following Town Meeting approval of this bylaw, the Select Board shall convene an advisory committee to make recommendations to the WCCP antecedent to their establishment as defined herein, in regard to the implementation process. The Committee shall include a representative from the Capital Planning Committee, a representative as designated by Finance Committee not of their members, and a representative from the Conservation Commission, Historical Commission, Field Management Committee, Winchester Housing Authority, Planning Board, Housing Partnership Board, and Affordable Housing Trust. The Advisory Committee will terminate upon the effective date per Section 25-6, above.