Ad Hoc Community Preservation Act

A Love Letter from Madame Knight

Ad-Hoc Sub Committee on the Implementation of the Community Preservation Act

Every city that accepts the Community Preservation Act must enact an ordinance establishing a Community Preservation Committee. The role of this Ad-Hoc Subcommittee is to make recommendations to the City Council for the drafting of this ordinance. It is the intent of the Subcommittee to gather community input from Medford residents to best inform the recommendations.

This document serves to present the items that Medford has discretion over, and which items we do not have discretion over, in creating this ordinance, along with the recommendations by the City Council subcommittee.
Questions or concerns can be sent to CPA City Council Subcommittee members at cpccomments@medford.org

Members of the subcommittee are:
Councilor Adam Knight - Chair
Councilor John Falco
Councilor George Scarpelli
Alicia Hunt, Director of Energy & Environment
Roberta Cameron, resident
Joan Cyr, resident
Mark Rumley - advisor to the sub-committee

What is the role of the CPC?

“The CPC is responsible for evaluating the community preservation needs of the city and making recommendations to the community’s legislative body as part of the annual budget process. Its role mirrors that of a capital planning committee in developing a multi-year capital improvement plan for a community and presenting an annual capital budget to its legislative body.”
In clear terms, the CPC will create a community preservation prioritization plan, and review proposals for work related to the plan and recommend specific proposals for funding.

What comprises a CPC? Per state law the ordinance must address, at minimum the following:
Composition of Committee
Method of Committee Member Selection
Terms of Service
Composition of Committee
Membership: (Maximum 9 total, Minimum 5 total)

Non-Discretionary Committee Positions:
The state law requires at a minimum 5 Committee Positions, 1 member from each noted below:
-Conservation Commission
-Historical Commission
-Planning Board (Community Development Board in Medford)
-Park Board
-Housing Authority

Discretionary Committee Positions:
Up to 4 Additional Committee Positions
RECOMMENDED BY COMMITTEE: 9 TOTAL MEMBERS

Selection Process
4 Additional Committee Positions Elected

4 Additional Committee Positions Appointed
Mayoral Appointment, without Council approval
Mayoral Appointment, with Council approval
Council Appointment
Mayoral Appointment (3), Council Appointment (1)
Mayoral Appointment (2), Council Appointment (2)
Mayoral Appointment (1), Council Appointment (3)
RECOMMENDED BY COMMITTEE: APPOINTED BY THE MAYOR WITH COUNCIL APPROVAL

Terms of Service

Duration-1 year, 2 years, 3 years, 4 years, 5 years
RECOMMENDED BY COMMITTEE: 3 YEAR TERMS

Staggered Terms/Unstaggered Terms
RECOMMENDED BY COMMITTEE: STAGGERED TERMS

Selection
Each member of the committee who represents one of the 5 required boards and commissions will be selected by their respective board or commission.
Selection of Additional Members
Require/Not Require Application Process for those interested in being appointed to the additional committee positions.
RECOMMENDED BY COMMITTEE: REQUIRE APPLICATION PROCESS
Require/Not Require Posting of Open Committee Positions/Applicants
RECOMMENDED BY COMMITTEE: POSTING REQUIREMENT
RECOMMENDED BY COMMITTEE THE FOLLOWING LANGUAGE:
“For the 4 members of the general public, there shall be a public announcement of the open positions, with at least a 3 week period for submittal of an application to the Appointing Authority.

Eligibility
Residency Required/Not Required
RECOMMENDED BY COMMITTEE: RESIDENCY REQUIRED
Exclude/Include City Employees and those holding an Elected or Appointed position within City Government
RECOMMENDED BY COMMITTEE: EXCLUDE CITY EMPLOYEES, ELECTED AND APPOINTED
Require Qualifications/Not Require Qualification
RECOMMENDED BY COMMITTEE: REQUIRE MINIMUM QUALIFICATIONS
RECOMMENDED BY COMMITTEE THE FOLLOWING LANGUAGE:
“Preference should be given to citizens who have expertise or have demonstrated interest in open space, recreation, historic preservation, affordable housing, capital planning, municipal finance, or fiscal accounting practices. To the extent possible the members of the Committee shall be selected so the entire City is fairly represented geographically.”
Filling of Vacancies
Require/Do Not Require deadlines for the filling of vacant Committee Positions
RECOMMENDED BY COMMITTEE: REQUIRE DEADLINES

RECOMMENDED BY COMMITTEE THE FOLLOWING LANGUAGE:
“Vacancies shall be advertised and posted as soon as reasonably possible and filled within 45 days of days of said advertisement and posting.”

Removal
Enable/Do not enable removal mechanism
RECOMMENDED BY COMMITTEE: ENABLE REMOVAL MECHANISM

RECOMMENDED BY COMMITTEE THE FOLLOWING LANGUAGE:
“The Chair may recommend for removal to the appointing authority any member who, without good cause, has unexcused absences in excess of 25% of the meetings.”

Powers and Duties of the CPC

Required by state law:
Perform Periodic Needs Study with Annual Review
Consult with existing Municipal Boards performing like duties
Hold 1 Public Hearing
Publish Annual Recommendations
Publish Annual Budget
Maintain Records

Discretionary:
Allow/Not Allow Resubmittal of Rejected Proposal
RECOMMENDED BY COMMITTEE: ALLOW RESUBMITTAL

RECOMMENDED BY COMMITTEE THE FOLLOWING LANGUAGE:
"As the City Council has the right to reject or reduce a project proposed for funding by the Community Preservation Committee (CPC), the CPC has the right to adjust the scope and terms of any rejected or reduced project and re-submit it to the City Council within 90 days of the initial refusal."

Require/Do Not Require more than 1 Public Hearing
RECOMMENDED BY COMMITTEE: DO NOT REQUIRE MORE THAN 1 PUBLIC HEARING

RECOMMENDED BY COMMITTEE THE FOLLOWING LANGUAGE:
“Additional Public Hearings may be called at the discretion of the Chair.”