File #: 27-16    Version: 1 Name:
Type: Committee Report Status: Passed
File created: 12/17/2015 In control: City Council
On agenda: 1/12/2016 Final action: 1/12/2016
Title: Committee Report: Ordinance (Paper #610 amending ordinances to create a Community Preservation Committee) The Standing Committee on Ordinance, to whom was referred Paper #610 Series of 2015, having considered the same make the following report: Committee recommends that the paper be reported out favorably with the following amendment: That everything after the enacting clause be stricken and the following inserted in place thereof: -by adding a new Section 2.30 as follows: Section 2.30 Community Preservation Committee; Composition; Duties; Etc. .1 Appointment; Terms The Community Preservation Committee shall consist of 9 members as follows: One member appointed by the Conservation Commission from among its members; One member appointed by the Housing Authority from among its members; One member appointed by the Planning Board from among its members; One member appointed by the Historical Commission from among its members; Four Ward Councillors or the Ward Councilor's d...

Title

Committee Report: Ordinance (Paper #610 amending ordinances to create a Community Preservation Committee)

 

The Standing Committee on Ordinance, to whom was referred Paper #610 Series of 2015, having considered the same make the following report:  Committee recommends that the paper be reported out favorably with the following amendment: That everything after the enacting clause be stricken and the following inserted in place thereof:

-by adding a new Section 2.30 as follows:

Section 2.30 Community Preservation Committee; Composition; Duties; Etc.

 

.1 Appointment; Terms

 

The Community Preservation Committee shall consist of 9 members as follows:

One member appointed by the Conservation Commission from among its members;

One member appointed by the Housing Authority from among its members;

One member appointed by the Planning Board from among its members;

One member appointed by the Historical Commission from among its members;

Four Ward Councillors or the Ward Councilor’s designee as follows:

            In odd numbered years, the Councillors from Wards 1,3,5 and 7;

            In even numbered years, the Councillors from Wards 2, 4, 6 and 8;

One Councillor At Large, or their designee after appointment, designated by the Council President

 

All members shall be appointed in January and shall serve for the ensuing calendar year; provided that no member shall serve for more than one consecutive year. The City Council will confirm or deny all chosen appointments of the City Councilors.  Vacancies shall be filled in the manner in which the initial appointment was made.

 

Members shall serve without additional compensation.

 

All members must be legal residents of the City of Malden.

 

All actions of the Community Preservation Committee shall be by majority vote of the entire membership.

 

The Community Preservation Committee shall select a Chairman from among its members.

 

 

.2 Administration

The Community Preservation Committee may promulgate rules and regulations for conduct of its business and, subject to appropriation by the City Council, may expend Community Preservation fund for administrative and operating expenses of the Committee; provided that the sum so expended shall not exceed 5% of annual receipts.

 

.3 Duties

The Community Preservation Committee shall, in consultation with appropriate city boards and commissions,  conduct an annual study of the city’s needs and resources for community preservation and may solicit proposals for projects designed to promote community housing, open space or historic preservation.  The Committee shall conduct at least one public hearing on community needs, notice of which shall be posted in the City Clerk’s Office and published in a newspaper of general circulation once in each of two successive weeks prior to the date of said hearing.

 

Upon completion of its study, the Community Preservation Committee shall make recommendations, including cost estimates, to the City Council in accordance with the requirements and consistent with the purposes of Massachusetts General Laws Chapter 44B, and may recommend that funds be reserved for later expenditure on specific projects for which sufficient revenues are not currently available or that general obligation bonds or notes in anticipation of revenue be issued to fund specific projects.

 

The City Council may, by majority vote, make appropriations for the purposes recommended by the Community Preservation Committee and may reduce or reject any amount recommended but shall not increase any amount recommended or add thereto any amount for a purpose not recommended by the Community Preservation Committee.  Upon recommendation of the Community Preservation Committee, the City Council may, by two thirds majority vote, authorize the Treasurer to issue general obligation bonds or notes in anticipation of revenue be issued to fund specific projects.

 

-by adding to Section 4.9, after the words “the amount of taxes set in the annual warrant” as appearing in the first sentence, the following words: “…, and the amount of Community Preservation Fund surcharges, if any…”

 

-by adding after the first sentence of Section 4.10 the following new sentence: “The Board of Assessors shall add to the taxes payable for each property a 1% surcharge on the real estate tax levy; provided that no such surcharge shall be assessed for $100,000 of the value of any property; and provided further that no surcharge shall be assessed for property owned and occupied by a person qualifying for low income housing or low or moderated in come senior housing.”

 

-by adding to Section 4.12 B, after the words “issue tax bills”, the words “…, including Community Preservation Fund surcharges, where applicable…” and, by adding after the words “…and collect all taxes…”, the words “…Community Preservation surcharges…”

 

-by adding a new Section 4.24.1 as follows:

 

.4  Meetings

 

The Community Preservation Committee Shall meet at a minimum ten times a year.  All meetings shall occur after 5:30 p.m. in the evening and be held at City Hall, the Senior Center or another public building in Malden.  Meetings shall be at times not to conflict with the Planning Board, Historic Commission, Conservation Commission, Housing Authority and City Council and City Council Committee meetings.   A schedule of meetings should be determined by the Chair as soon as possible after the first of the year and posted.  Additional meetings will be determined and posted as necessary.

 

-by adding a new section 4.24.1 as follows:

 

Section 4.24.1          To Establish a Community Preservation Fund; Investment and Expenditure from Fund; Etc.

 

The Treasurer shall establish and act as custodian of a separate account to be known a the Community Preservation Fund, and shall deposit into said fund all of the following:

.1 funds collected from Community Preservation Fund surcharges on real estate;

.2 funds received from the Commonwealth or any other source for purposes of community preservation;

.3 funds allocated from city revenues for community preservation, if any;

.4 proceeds from bonds, if any, issued in anticipation of revenue, pursuant to Section 11 of Chapter 44B of Massachusetts General Laws.

 

The Treasurer shall invest Community Preservation funds in the manner permitted by state law and shall credit any income from said investment to the Community Preservation Fund.

 

Expenditure or revenues shall be made, upon order of the City Council and Mayor, to implement the recommendations of the Community Preservation Committee.

 

.5  This ordinance will be reviewed in December 2016.