Northampton CPC Bylaws
Chapter 22. COMMISSIONS AND COMMITTEES
Article XXIII. Community Preservation Committee
[Adopted 10-5-2006]
§ 22-128. Establishment.
There is hereby established a Community Preservation Committee, in accordance with
the Chapter 267 of the Acts of 2000, Massachusetts Community Preservation Act,
consisting of nine voting members pursuant to MGL Chapter 44B.
§ 22-129. Membership; terms.
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 Historical 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 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) One member of the public to be elected by the City Council for an initial term of one
year, and thereafter for a term of three years.
(8) One member 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, and said names shall be forwarded to the City Council for approval.
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. Said names shall be
forwarded to the City Council for approval.
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. Said names shall be forwarded to the City Council for approval.
[Amended 11-1-2007]
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.
§ 22-130. Powers and duties.
[Amended 4-4-2013]
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 Historical Commission, Agricultural Commission, Housing Authority,
Youth Commission, Council on Aging, Tree Committee, the Planning Board, the
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.
§ 22-131. Officers; rules and regulations.
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.