Community Preservation Act in MA:
MGL chapter 44B -
Section 5. (a) A city or town that accepts sections 3 to 7, inclusive, shall establish by ordinance or by-law a community preservation committee. The committee shall consist of not less than five nor more than nine members. The ordinance or by-law shall determine the composition of the committee, the length of its term and the method of selecting its members, whether by election or appointment or by a combination thereof. The committee shall include, but not be limited to, one member of the conservation commission established under section 8C of chapter 40 as designated by the commission, one member of the historical commission established under section 8D of said chapter 40 as designated by the commission, one member of the planning board established under section 81A of chapter 41 as designated by the board, one member of the board of park commissioners established under section 2 of chapter 45 as designated by the board and one member of the housing authority established under section 3 of chapter 121B as designated by the authority, or persons, as determined by the ordinance or by-law, acting in the capacity of or performing like duties of the commissions, board or authority if they have not been established in the city or town. If there are no persons acting in the capacity of or performing like duties of any such commission, board or authority, the ordinance or by-law shall designate those persons.
(c) The community preservation committee shall not meet or conduct business without the presence of a quorum. A majority of the members of the community preservation committee shall constitute a quorum. The community preservation committee shall approve its actions by majority vote. Recommendations to the legislative body shall include their anticipated costs.
Article #45 of May 2007 Templeton annual town meeting, states, in part;
There is hereby established a Community Preservation Committee (“CPC”), consisting of nine (9) voting members pursuant to MGL Chapter 44B (the “Act”). The composition of the CPC, the appointment authority and the term of office for the CPC members shall be as follows:
One member of the Templeton Conservation Commission as designated by that Commission.
One member of the Templeton Historical Commission as designated by that Commission.
One member of the Templeton Housing Authority as designated by that Authority.
One member of the Templeton Recreation Committee as designated by that Committee.
One member of the Templeton Planning Board as designated by that Board.
One member of the Templeton Board of Assessors as designated by that Board.
Three members to be elected at large from the registered voters of the Town.
So, if the housing authority fails to appoint a member to cpc, does that equal a committee not conforming to the requirement of law or does it simply mean that as long as a quorum is present when cpc funding is requested, discussed and voted on, the requirement of the law is met?
As a point of reference, Templeton by-law requires a member from the advisory committee is to serve on the capital improvement committee, however, due to resignations from advisory, the cip member from advisory left but there is still a quorum on cip, so can this group still function despite not having a required by town by-law member?
I'm sure as shown within bylaw 9-9 B,F that it's really just another failure of the Selectboard to hold anyone Accountable.B.
ReplyDeleteAppointed members of the CPC shall serve for two-year terms or until they no longer serve on the appointing body, whichever comes first. A vacancy in an appointed position shall be filled for the remainder of the unexpired term by the appointing commission, committee, board or authority. Persons appointed to fill a vacancy in an appointed position shall be sworn in to office no later than 14 days after appointment or such appointment will expire and the appointing commission, committee, board or authority shall make a new appointment.
F.
Should any of the commissions, boards, authorities, or committees who have appointment authority under this bylaw cease to exist for whatever reason, the appointment authority for that commission, board, authority, or committee shall become the responsibility of the Board.
So just on a local level we have plenty to look at within the Board. Maybe they need to be held accountable for being unable to hold anyone Accountable!
Templeton Housing authority is an elected body, so not really job of selectmen to hold them accountable, that is voters job and housing commission is a 5 year term. There are openings on EDIC and there is lack of voter participation at town meeting and town elections, selectmen suppose to hold them accountable too? Maybe it is the legislature who voted the CPA into law in first place. One member of elected entity is supposed to
ReplyDeletevolunteer to serve, but what if none of those members wish to take on an additional task? Now, the voters could use the recall process to try and remove all members of housing authority for failure to appoint / volunteer for CPC. You, as in voters, can also use the same path on selectmen.
Templeton Housing Authority information you supply should be accurate. How does your previous statement align with this advertisement put out by the Board?
ReplyDeletehttps://www.templetonma.gov/home/news/housing-authority-vacancy-governors-appointment
The Templeton Housing Authority is in need of an appointmented member on behalf of the Governor's Office.
Interested volunteers should send in a Committee Interest Form to the Town Administrator's Office, so that any interested volunteer can be voted on for recommendation by the Select Board and then will be screened by the Governor's Office and then appointed. Any interested volunteer should live within the Town.
Seems like the perfect candidate to be appointed to the CPC.......hmmmm