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THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
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CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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8-12.3   Purpose.
   The Committee is responsible for evaluating the community preservation needs of the city, and making recommendations for expenditures from the Community Preservation Fund created by acceptance of the Community Preservation Act, M.G.L. Chapter 44B. Community preservation needs shall include the acquisition, creation and preservation of open space; the acquisition, preservation, rehabilitation and restoration of historic resources; the acquisition, creation, preservation and support of affordable housing; the acquisition, creation, preservation and rehabilitation of land for recreational use; and the rehabilitation of open space and community housing that is acquired or created under Chapter 44B.
(CBC 1985 8-12.3; Ord. 2017 c. 4)
8-12.4   Membership, Appointment, Term.
   (A)   The Committee shall consist of nine members. Five of the members shall be appointed as required by the Community Preservation Act, M.G.L. Chapter 44B, Section 5, as follows:
      (1)   One member of the Boston Conservation Commission shall be designated by said commission;
      (2)   One member of the Boston Landmarks Commission shall be designated by said commission;
      (3)   One member of the Parks and Recreation Commission shall be designated by said Commission;
      (4)   As Boston possesses no Planning Board established under M.G.L. Chapter 41, Section 81A, one representative of the Boston Redevelopment Authority, d.b.a. the Boston Planning and Development Agency, shall be designated by said Agency; and
      (5)   The Boston Housing Authority being constituted without a board, one representative of the Boston Housing Authority to be designated by said Authority.
   (B)   Four additional members shall be appointed by the Boston City Council as follows.
      (1)   The Boston City Council shall establish by order a special committee which shall concern itself with nominating persons for consideration by the full Boston City Council for appointment to the Committee. When making its recommendations and to ensure that all interests are represented, the Special Committee shall nominate one person that has experience in development, business, finance or any combination thereof and one person that has expertise in open space, affordable housing, historic preservation or any combination thereof. In addition to the aforementioned members, the special committee shall also nominate two persons that have a history of involvement in their local communities. The Special Committee shall receive applications from interested persons which shall include a brief statement of the reasons for their interest and suitability.
      (2)   The nominees submitted by the special committee to the Boston City Council for appointment shall reflect the ethnic, racial, socioeconomic and geographic diversity of the city. When nominating individuals for appointment, the special committee shall also take into account the backgrounds of the five members appointed under M.G.L. Chapter 44B, Section 5.
      (3)   All members of the Committee must be residents of Boston at appointment and for the duration of their term.
      (4)   No nominee for the four Boston City Council appointments shall be an employee or elected official of the city.
      (5)   All members shall be appointed for terms of three years. No member shall serve more than two consecutive terms. If a vacancy should arise and a new member is appointed to serve a partial term of less than two years, that partial term shall not count against the limit of two consecutive terms.
      (6)   In order to stagger the terms of the members, the initial appointments of the Conservation Commission member, the Housing authority member and one of the members appointed by Boston City Council shall be for one year; and the initial appointments of the Landmarks Commission member, the Boston Redevelopment Authority, d.b.a the Boston Planning and Development Agency, member and another of the members appointed by Boston City Council shall be for two years. After the initial appointments, all subsequent terms shall be for three years.
(CBC 1985 8-12.4; Ord. 2017 c. 4)
8-12.5   Powers and Duties.
   (A)   The Committee shall study the needs, possibilities and resources of Boston regarding community preservation and shall produce a Community Preservation Plan. In conducting such a study, the Committee shall consult with existing municipal Boards and Departments, including the Boston Conservation Commission, the Boston Landmarks Commission, the Parks and Recreation Commission, the Boston Planning and Development Agency, the Department of Neighborhood Development, the Parks and Recreation Department and the Boston Housing Authority, or persons acting in those capacities or performing like duties. Before voting to approve its initial Plan, the Committee shall hold at least one public informational hearing on local needs, possibilities and resources. Thereafter, it shall hold at least one public hearing before updating the Plan each year.
   (B)   Public hearings of the Committee shall be planned so as to maximize citizen attendance including a preference to hold hearings in the evenings or off-site from City Hall. Notice of all public hearings of the Committee shall be posted publicly on the city website and published for each of two weeks preceding a hearing in a newspaper of general circulation in the city.
   (C)   The Committee shall make recommendations to the Mayor for transmittal to the Boston City Council for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation and rehabilitation of land for recreational use; for the acquisition, creation, preservation and support of affordable housing; and for rehabilitation or restoration of such open space, and affordable housing that is acquired or created in accordance with the provisions of the Community Preservation Act, added by Chapter 267 of the Acts of 2000 and being M.G.L. Chapter 44B; provided, however, that funds expended pursuant to that Act shall not be used for maintenance. With respect to affordable housing, the Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.
   (D)   The Committee may include in its recommendations 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.
   (E)   Committee recommendations shall include their anticipated costs.
   (F)   In addition to state reporting mandated by the Community Preservation Act, the Committee shall regularly report on the uses of the funds, map the geographic distribution of funded projects and study the economic and racial breakdown of benefitting areas. It shall make such analysis and the underlying data available on a city website on at least an annual basis.
(CBC 1985 8-12.5; Ord. 2017 c. 4)
8-12.6   Rules and Regulations.
   (A)   The Committee shall elect one of its members as Chair. In the event a Chair is unavailable, the most senior member of the Committee shall chair the Committee.
   (B)   Five members shall constitute a quorum for the purpose of convening a meeting and of conducting the business of the Committee. The Committee shall approve its actions by majority vote of the quorum.
   (C)   All records of the Committee shall be public unless an exemption applies under the commonwealth’s Public Records Law, being M.G.L. Chapter 66, Section 6A, and Chapter 4, Section 7, Clause 26.
   (D)   Committee members shall serve without compensation.
   (E)   Committee members who are not otherwise employed by the city shall be classified as special municipal employees for the purpose of M.G.L. Chapter 268A.
   (F)   The Commissions, Authority, Agency and Council who have appointment authority under this Section shall appoint such representatives within 160 days of the effective date of this Section when making the initial appointments to the Committee; after the initial appointments, all subsequent appointments shall be made within 90 days. Should there be a vacancy or resignation in any of the Community Preservation Committee positions, the Commissions, Authority, Agency and Council who have appointment authority under this Section shall appoint a new representative within 90 days of the first date of a known vacancy or resignation.
(CBC 1985 8-12.6; Ord. 2017 c. 4; Ord. 2017 c. 5 § 1)
8-12.7   Fiscal Accountability.
   Pursuant to M.G.L. Chapter 44B, Section 6, the community preservation funds shall not replace existing operating funds, only augment them. The Mayor’s Budget Office shall provide the Committee with operating and capital expenses for open space, historic preservation and housing made in FY17, the last year prior to the city’s adoption of the Community Preservation Act, added by Chapter 267 of the Acts of 2000 and being M.G.L. Chapter 44B.
(CBC 1985 8-12.7; Ord. 2017 c. 4)
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