[HISTORY: Adopted by the City Council of the City of Northampton
12-4-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 22, Commissions and Committees,
was repealed 12-4-2014.
There is hereby established a Community Preservation Committee
in accordance with Chapter 267 of the Acts of 2000, the Massachusetts
Community Preservation Act, consisting of nine voting members pursuant
to MGL Chapter 44B.
A.
The composition
of the Committee, the appointment authority and the term of office
for the Committee members shall be as follows:
(1)
One
current member of the Conservation Commission as designated by said
Commission for an initial term of one year, and thereafter for a term
of three years.
(2)
One
current member of the Historic Commission as designated by said Commission
for an initial term of two years, and thereafter for a term of three
years.
(3)
One
current member of the Planning Board as designated by said Board for
a term of three years.
(4)
One
current member of the Parks and Recreation Commission as designated
by said Commission for a term of three years.
(5)
One
current member of the Housing Authority as designated by said Authority
for an initial term of two years, and thereafter for a term of three
years.
(6)
Two
persons be elected at large for four-year terms in the next municipal
election following the Charter change approving their election.
(7)
Two
members of the public to be appointed by the Mayor for an initial
term of one year, and thereafter for a term of three years.
B.
Committee
members shall be classified as special municipal employees for the
purpose of Chapter 268A of the Massachusetts General Laws.
C.
If any appointed
Committee member misses half of the scheduled meetings of the Committee
during any calendar year, the Chair shall review the absences of the
Committee member and the Chair shall recommend appropriate action
to the City Council.
D.
The commissions,
boards, or authorities who have appointment authority under this article
shall appoint such representatives within 45 days of the effective
date of this article.
[Amended 12-7-2017 by Ord. No. 17.398]
E.
In addition,
all commissions, boards or authorities who have appointment authority
under this article shall appoint an alternate representative for each
such position, within 45 days of the effective date of this article,
to ensure attendance in the event the primary representative cannot
attend a Committee meeting.
[Amended 12-7-2017 by Ord. No. 17.398]
F.
Should there
be a vacancy or resignation in any of the Community Preservation Committee
positions, the commissions, boards or authorities who have appointment
authority under this article shall appoint a new representative within
45 days of the first date of vacancy or resignation, otherwise said
vacancy may be filled by the City Council. Should there be a vacancy
in one of the two elected positions, such vacancy shall be filled
as follows until the next regular City election:
[Amended 12-7-2017 by Ord. No. 17.398; 10-6-2022 by Ord. No. 22.171]
(1)
The
vacant position shall be advertised in a manner that the President
of the Council deems likely to attract a diverse pool of qualified
candidates.
(2)
The
vacancy shall appear on the agenda for a City Council meeting within
30 days of the vacancy.
(3)
The
City Council may vote on such vacancy, or it may refer the matter
to a Council committee for a recommendation as to the filling of the
vacancy.
(4)
The
vacancy shall be filled by a person eligible to vote in the City of
Northampton no later than 60 days of the vacancy.
G.
Should any
of the commissions, boards, or authorities who have appointment authority
under this article be no longer in existence for whatever reason,
the appointment authority for that commission, board or authority
shall become the responsibility of the City Council.
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 Mayor, City Council, Conservation Commission, the Historic District
Commission, Agricultural Commission, Housing Authority, Youth Commission,
Council on Aging, Public Shade Tree Commission, the Planning Board,
the Parks and Recreation Commission, the Housing Partnership and the
Department of Public Works, 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 of
Northampton 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.
A.
The Community
Preservation Committee shall make recommendations to the City Council
for the acquisition and preservation of open space which includes
parks, conservation land, wildlife preserves, public drinking water
supplies and scenic areas, farmland and forests; for the acquisition
and restoration of historic buildings and sites; and for the creation
and preservation of affordable housing. At least 10% of the funds
for each fiscal year will be spent, or reserved for later spending,
on each of the three community preservation purposes; open space,
historic resources and affordable housing.
B.
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 to set aside
for later spending funds for general purposes that are consistent
with community preservation.
A.
Officers.
The Committee shall annually elect one of its members as Chair and
one of its members as Vice-Chair. In the event a Chair is unavailable,
the Vice-Chair shall run the meeting, and in the event the Vice-Chair
is unavailable the most senior member of the Committee shall chair
the Committee.
B.
Rules and
regulations. By majority vote of the members of the Committee, the
Committee may adopt and promulgate rules and regulations for the conduct
of its business on any matter within the Committee's jurisdiction
under the Massachusetts Constitution, Massachusetts General or Special
Laws, the Code of Massachusetts Regulations (CMR), ordinance, or other
legal right or authority granted to or conferred upon the Committee.
(1)
The
proposed rule or regulation shall be submitted to all Committee members
at least 48 hours prior to any vote to adopt the same; provided, however,
the Committee may make such amendments to the proposed rules or regulations
as it deems appropriate at the meeting.
(2)
Upon
approval of any rule or regulation by the Committee, a copy of the
same shall be filed with the City Clerk and become effective as of
the date of filing thereof unless the specific vote of the Committee
establishes a later effective date.
