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Text of the Newton Community Preservation Act

(#64-01(3) Passed November 19, 2001)

ORDINANCE Establishing the Newton Community Preservation Committee

BE IT ORDAINED BY THE BOARD OF ALDERMEN.....

That the Revised Ordinances of the City of Newton, 1995, as amended, be and are further amended by adding a new Division to the provisions of Chapter 2, Article VIII, which shall provide as follows:

ARTICLE VIII, COMMISSIONS AND COMMITTEES

DIVISION 8. COMMUNITY PRESERVATION COMMITTEE

Section 2-350, Establishment, duties and organization.

(a) The Newton community preservation committee is hereby established to carry out the functions and duties of such a community preservation committee as provided in General Laws chapter 44B.

(b) The committee shall annually elect one of its members to serve as chairperson and may elect such other officers, adopt procedural rules and regulations and establish any subcommittees as it deems appropriate.

Section 2-351, Composition; eligibility

(a) The committee shall consist of nine members, as follows:

1) The Conservation Commission, Planning and Development Board, Housing Authority, Historic Commission and Parks and Recreation Commission shall each designate one of its members, who may be an alternate member, to serve as a member of the committee (the "statutory members").

2) The remaining four members (the "appointed members") shall be appointed in accordance with section 2-8. The appointed members shall include at least one citizen who has expertise or demonstrated interest in open space, at least one citizen who has expertise or demonstrated interest in recreation, at least one citizen who has expertise or demonstrated interest in historic preservation and at least one citizen who has expertise or demonstrated interest in affordable housing. In making such appointments, the mayor shall be guided by the goal that the membership of the committee include persons with professional expertise in real estate development, finance, architecture and law.

b) There shall be a ward residency requirement for the appointed members. One appointed member shall be appointed from ward for 2, one from ward 3 or 4; one from ward 5 or 6; and one from ward 7 or 8. In order to qualify, an appointee must be a resident of such ward on the effective date of the appointment. An appointed member who subsequently removes his or her residence to another location in the city may continue to serve for the remainder of the term. However, an appointed member who removes his or her residence from the city shall be considered thereby to have resigned from the committee.

Section 2-352, Terms of office; limits

(a) Members shall serve for terms of three (3) years or until their successors shall take office. However, in order to provide for staggered terms, the initial appointments shall be as follows:

i) Statutory members: The Planning and Development Board shall designate one member for a one (I) year term. The Parks and Recreation Commission and Historic Commission shall each designate one statutory member for a two (2) year term. The Housing Authority and the Conservation Commission shall each designate a statutory member for a three (3) year term.

ii) Appointed members: Two appointed members shall be appointed for a one year term; one appointed member shall be appointed for a two year term; and one appointed member shall be appointed for a three year term.

(b) No person shall be eligible to serve as a member for more than two (2) consecutive full terms. For purposes of this clause, the initial one (1) and two (2) year appointments shall be deemed not to constitute full terms.

The provisions of this Ordinance shall take effect on January 1, 2002, contingent however, upon acceptance of the Community Preservation Act by the voters at the November 2001 election.

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