TR-2012-28 RESOLUTION SUPPORTING PENDING CPA AMEND. • � .. �.s61�fir�S�., �
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TR-2012-28
A RESOLUTION SUPPORTING THE PENDING
COMMUNITY PRESERVATION ACT (CPA) AMENDMENT
(Sponsored by Councilor Cichetti and Councilor Johnson)
WHEREAS, the Commonwealth of Massachusetts House of Representatives recently filed
an amendment to their FY2013 state budget to include a comprehensive amendment to the
Community Preservation Act; and
WHEREAS, the Commonwealth of Massachusetts House of Representatives unanimously
passed the Community Preservation Act Amendment; and
WHEREAS, the Community Preservation Act Amendment increases state funding for the
Community Preservation Act and clarifies the statutory language of the Act to allow for broader
community utilization of CPA funds;
NOW, THEREFORE, the Agawam City Council hereby resolves to support the passage of
the Community Preservation Act Amendment (a copy of which is attached hereto) and to notify the
Governor, our State Senator and our State Representative of its support for the pending legislation.
Dated this day of 2012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Jo son, City Council President
CD
A�yf-IROV AS TO FORM AND LEGALITY
*C')
"'dioscia, City Solicitor
Vincent F.
-P �n
Community
Preservation Coalition
L ;IrewrvN okir pw,, SvJd,.%p our Atwe.
Aboul Us About CPA i Success Stories CPA Projects Database -I echrlicat Asslstance Adopting CPA
Home ', CPA Nevis
Pending CPA Legislation
An Act To Sustain Community Preservation (Amendment 737)
A.prii 214.2012::�t 21, F,�IOIV 01"U"")ON 1,,;, �Ilu!1-1�fl 11".aMly tilc-
I-Inse W Ruwetje-';Ialivel�LJ�IE!Ilirlious:v T.OnI.Vx,'he �;Mq leg;,1;.
r---7 T I C enfi:if-,;-4i23).T-1-v mil call vote was takprl jus!uttel Bpu. will, 153 1 t2flieZerl!dl!VIL"�V0131r,�F-S 311,6
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wc�pert ol thJ�dab.31-�011 th. blidgel In 1.00-May.
4"C'10a"r.s Vute wai ail opporiu-nity wt I-PA lo shine, I h,3;'.PA liod�eerj fjl�d a.,,an
omeritimeni tO MO��LIIISV'5 Vfbf�:ion of 1ho Gtale bwdge� koufu Ways.Lind Mtnns C,.)m.w-1twa Vx.�--
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7 2�i;.-;V% a;ld nliler fAOFnO-1EM 1d)OW.5 1c!;V�'PI-41UP):0 rP'at '11-n.u.,I�PA
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stmt, suipial;
r,qj,,!r/of u,�t�6,s wcording 1-�e� Click here for the State House News article ori the
House vote.
If it p2s�Les in Ow Surlaia aid is�;!UnaJ by Vte Gtvernur,S26 lifflion frtllii the St.,:e':;burfq�-1
sul"lus would tic 8,ltl.ed Laaw to the ievenue from the existing (,'PA deedZ fap,�,b6g--1r)iiIQ
wit'li tht-FE0 2013 CPA TrmL.'r2nd paymni.Alt of th4:-ol,;,.er provi%;ons of P'Ll 7Pf,ari�inctudud in Vvb
tiu-J.)pt ani�,,redmeni,in--�,odirro chiinges o the:,ofe!;luf CPA raweaii&t projixts
rJo ciw;,lad:1% 111;!Isx,Ofthe here.
I rLt Coihiivt if; :,,I VIC- Kuhr,1,1-MIN f�2,f I
Bill History
'cor"-.011 W!Tnp!;)k-.
http://www.communitypreservation.org/COntent/advocacy 4125/2012
Page 2 of'2
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Further Resources. . .
State House News Transcript of the 4t23 House session passing Amendment#737
Letter from groups supporting CPA to House Leadership
Summary of An Act to Sustain Community Preservation
Text of An Act to Sustain Communtly Preservation,as filed
Legislative Sponsors for the 2011-2012 legislative ses8lon
Economic Benefits of CPA
Recent Press Coverage
"OUR OPINIOW Bitl would be a boon for older recreation facilities. :,, vir,
.A ZILl'—
"House adapts refonns to CPA to expand use and funding for preservation
Ap�t 23,nl,-,
"Editorial: Legislature should shore up the CPA,*rl�Vir kh�Vnl`-Llsr t-3n; AJ)%2^- '211
'BoStDn-Area lawmakers rarognIzed for community planning,"by Jotianna V,wser
January 0,20 1-1
'Guest View: Legislature should improve community preservation for cities."
To�Wy lje��.woe, 21, �,C—
'Advocates for community preservation In Massachusetts seek ways to increase state
matching dollars,-j�-5-4-Oai,. '.—r
.Editorial: Building a Better CPA,
.—I !, ;,,, '.
"Croem bill to reform community Preservation Act advances again. rj, r,
Contact Us I Unks I Donate I Log�n
http://www.communitypreservatio.n.org/content/advocacy 4/25/2012
Amendment #737 to H041 00
Community Preservation Act (CPA) Amendment
Representatives Kulik of Worthington, Jones of North Reading, Dempsey of Haverhill, Andrews of
Orange, Ayers of Quincy, Atkins of Concord, Balser of Newton, Barrows of Mansfield Basile of
Boston, Basten of Gardner, Beaton of Shrewsbury, Benson of Lunenburg, Cantwell of
Marshfie�d, Conroy of Wayland. Creedon of Brockton, D'Emilia of Bridgewater, Dykema of
Holliston, Fallon of Maiden, Ferguson of Holden, Fernandes of Milford, Ferrante of Gloucester,
Finn of West Springfield, Forry of Boston, Garballey of Adington, Garlick of Needhai, Gifford of
Wareham, Gobi of Spencer, Hecht of Watertown, Hill of Ipswich, Hogan of Stow, Holmes of
Boston, Howitt of Seekonk, Humason of Westfield, Hunt of Sandwich, Kafka of Stoughton,
Kaufman of Lexington, Khan of Newton, Kocot of Northampton, Koczera of New Bedford, Kuros
of Uxbridge, Lewis of Winchester, McMurtry of Dedham, Miceli of Wilmington, O'Day of West
Boylston, Parisella of Beverly, Peake of Provincetown, Peisch of Wellesley, Peterson of Grafton,
Provost of Somerville, Puppolo of Springfield, Sannicandro of Ashland, Scibak of South Hadley,
Sciortino of Medford, Schmid of Westport, Sm*izik of Brookline, Smola of Palmer, Stanley of
Waltham, Story of Amherst, Straus of Mattapoisett, Timifty of Milton, Toomey of Cambridge,
Torrisi of North Andover. Vieira of Falmouth, Walsh of Framingham,Walsh of Boston, Walz of
Boston, Winslow of Norfolk and Wolf of Cambridge moves to amend the bill by adding at the end
thereof the following sectjon�
SECTION XX. Chapter 448 of the General Laws is hereby amended by striking out section 2 and
inserting in place thereof the following section.-
"Acquire", to obtain by gift, purchase, devise, grant, rental, rental purchase, lease or otherwise;
provided. however that"acquire" shall not include a taking by eminent domain, except as
provided in this chapter.
'Annual income",a family's or person's gross annual income less such reasonable allowances for
dependents, other than a spouse, and for medical expenses as the housing authority or, in the
event that there is no housing authority, the department of housing and community development.
determines.
'Capital improvement", reconstruction or alteration of real property that (1) materially adds to the
value of the reaf property, or appreciably prolongs the useful life of the real property, (2) becomes
part of the real property or is permanently affixed to the real property so that removal would cause
material damage to the property or article itself and (3) is intended to become a permanent
installation or is intended to remain there for an indefinite period of time.
'Community housing", low and moderate income housing for individuals and families, incIuding
low or moderate income senior housing.
"Community preservation", the acquisition. creation and preservation of open space, the
acquisition, creation and preservation of historic resources and the creation arid preservation of
community housing,
"Community preservation committee", the committee established by the legislative body of a city
or town to make recommendations for community preservation, as provided in section 6,
'Community Preservation Fund", the municipal fund established under section 7
"Historic resources," 2 building, structure, vessel, real property, document or artifact that is listed
on the state register of historic places or has been determined by the local historic preservation
commission to be significant in the history, archaeoiogy. architecture or culture of a city or town.
'Legislative body', the agency of municipal government which 'is empowered to enact ordinances
or by-laws, adopt an annual budget and other spending authorizations, loan orders, bond
authorizations and other financial matters and whether styled as a city council, board of
aldermen, town council, 'town meeting or by any other title.
"Lowincome housing", housing for those persons and families whose annual 'income is less than
80 per cent of the areawide median income. The areawide median income shall be the areawide
median income as determined by the United States Department of Housing and Urban
Development.
"Low or moderate income senior hou housing for those persons having reached the age of
50 or over who would qualify for low or moderate income housing.
'Maintenance", incidental repairs which neither materially add to the value of the property or
appreciably prolong the property's life, but keep the property in a condition of fitness, efficiency or
readiness.
'Moderate income housing", housing for those persons and families whose annual income is less
than 100 per cent of the areawide median income. The areawide median income shall be the
areawide median income as determined by the United States Department of Housing and Urban
Development.
"Open space". shall include, but not be limited to, land to protect existing and future well fields,
aquifers and recharge areas. watershed land, agricultural land, grasslands, fields, forest land,
fresh and salt water marshes and other wetlands, ocean, river, stream, lake and pond frontage,
beaches, dunes and other coastal lands, lands to protect scenic vistas, land for wildlife or nature
preserve and land for recreational use.
'Preservation", protection of personal or real property from injury, harm or destruction.
'Real property", land, buildings, appurteriant struf,-tures and fixture&attached to buildings or land
including, where applicable, real property interests.
"Real property interest , a present or future legal or equitable interest in or to real property.
including easements and restrictions, and any beneficial 'interest therein, 'including the interest of
a beneficiary in a trust which holds a legal or equitable interest in real property, but shall not
include an interest which is limited to the following: an estate at will or at sufferance and any
estate for years having a term of less than 30 years; the reversionary right, condition or right of
entry for condition broken� the interest of a mortgagee or other secured party in a mortgage or
security agreement.
"Recreational use", active or passive recreational useincluding, but not limited to, the use of land
for community gardens, trails, and noncommercial youth and adult sports, and the use of land as
a park, playground or athletic field. `Recreationa� use" shall not include horse or dog racing or the
use of land for a stadium, gyrrsnasium or similar structure.
'Rehabilitation", capital improvements, or the making of extraordinary repairs, to historic
resources, open spaces, lands for recreation@] use and community housing for the purpose of
making such historic resources open spaces, lands for recreational use and community housing
functional for their intended use including, but not limited to, improvements to comply with the
Americans with Disabikfies Act and other federal, state or local building or access codes. With
respect to historic resources, rehabilitation shall comply with the Standards for Rehabilitation
stated in the United States Secretary of the Interior's Standards for the Tre@tment of Historic
Properties codified in 36 C.F.R. Part 68. With respect to land for recreational use, rehabilitation
shall include the replacement of playground equipment and other capital improvements to the
land or the facilities thereon which make the land or the related facilities more functional for the
intended recreational use.
"Support of Community housing", shall include, but not be limited to. programs that provide
grants, loans, rental assistance, security deposits, interest-rate write downs or other forms of
assistance directly to individuals and families who are eligible for community housing, or to
housing, for the purpose of making housing affordable.
SECTION XX. Section 3 of chapter 44B ofthe General Laws, as appearing in the 2010 Offlcial
Edition. is hereby amended by adding after paragraph (b) the following new paragraph:-
(b 1/2) Notwithstanding the provisions of chapter 59 or any other general or special law to the
contrary, 2S an alternative to subsection (b), the legislative body may vote to accept sections 3 to
7, inclusive, by approving a surcharge on real properl�y of not less than 1 per cent of the real
estate tax levy against real property, and making an additional commitment of funds by dedicating
revenue not greater than 2 per cent of the real estate tax levy against real property', provided,
however, that additional funds so committed shall come from other sources of municipal revenue,
including, but not limited to, hotel excise taxes pursuant to chapter 64G, linkage fee and
inclusionary zoning payments, however authorized, the sale of municipal property pursuant to
section 3 of chapter 40, parking fines and surcharges pursuant to sections 20, 20A, and 20A112
of chapter 90, existing dedicated housing, open space and histodc preservaflon funds, however
authorized, gifts received from private sources for community preservation purposes, and
provided further that additional funds so committed shall not include any federal or state funds.
The total funds committed to purposes authorized under this chapter by means of this subsection
shall not exceed 3 per cent of the real estate tax levy against real property, less exemptions
adopted. In the event that the municipality shall no longer dedicate all or part of the additional
funds to community preservation, the surcharge of not less than 1 per cent shall remain in effect,
but may be reduced pursuant to section 16.
SECTION XX Subsection (e) of said section 3 of chapter 44B, as so appearing, is hereby
amended by inserting the following new clause ,-
(4) for$100,000 of the value of each taxable parcel of class 3, commercial property, and class
four, industrial property as defined in section 2A of said chapter 59.
SECTION XX, Subsection (b) of section 5 of said chapter 448, as so appearing, is hereby
amended by inserting after the word"preservation", in lines 23 and 24. the following words:-
, including the consideration of regional projects for community preservation.
SECTION XX. Said subsection (b) of said section 5 of said chapter 44B, as so appearing, is
hereby further amended by striking paragraph (2) and inserting in place thereof the following
paragraph�-
(2)The community preservation committee shall make recommendations to the legislative body
for the acquisition, creation and preservation of open space; for the acquisition, preservation,
rehabilitation and restoration of historic resources-, for the acquisition, creation, preservation,
rehabilitation and restoration of land for recreational use, for the acquisition, creation,
preservation and support of community housing- and for the rehabilitation or restoration of open
space and community housing that is acquired �r created as provided in *this section', provided,
however, that funds expended pursuant to this chapter may not be used for maintenance. With
respect to community housing, the community preservation committee shall recommend,
wherever possible, the reuse of existing buildings o-construction of new buildings on previously
developed sites. With respect to recreational use, the azquisition of artificial turf for athletic fields
shall be prohibited.
SECTION M. Said section 5 of said chapter44B, as so appearing, is further amended by striking
out subsection (d) and inserting in place thereof the following subsection:-
(d)After receiving recommendations from the community preservation committee, the legislative
body shall then take such action and approve such appropriations from the Community
Preservation Fund as set forth in section 7, and such additional non-Community Preservation
Fund appropriations as it deems appropriate to carry out the recommendations of the community
preservation committee. In the case of a city, the ordinance shall provide for the mechanisms
under which the legislative body may approve and veto appropriations made pursuant to this
chapter, in accordance with the'city charter.
SECTION XX. Said chapter 44B, as so appearing. 'is hereby amended by striking out section 6
and inserting in place thereof the following section-,-
Section 6. In every fiscal year and upon the recommendation of the community preservation
committee, the legislative body shall spend, or set aside for later spending, not less than 10 per
cent of the annual revenues in the Community Preservation Fund for open space, not less than
10 per cent of the annual revenues for historic resources and not less than 10 per cent of the
annual revenues for community housing. In each fiscal year, the legislative body shall make
appropriations from the Community Preservation Fund as it deems necessary for the
administrative and operating expenses of the community preseRtation committee, but the
appropriations shall not exceed 5 per cent of the annual revenues in the Community Preservation
Fund. The legislative body may also make appropriations from the Community Preservation Fund
as it deems necessary for costs associated with tax billing software and outside vendors
necessary to integrate such software for the first year that a city or town implements the
provisions of this chapter; provided, however, that the total of any administrative and operating
expense of the community preservation committee and the first year implementation expenses do
not exceed 5 per cent of the annual revenues in the Community Preservation Fund.
Funds that are set aside shall be held in the Community Preservation Fund and spent in that year
or later years, but funds set aside for a specific purpose shall be spent only for the specific
purpose. Any funds set aside may be expended in any city or town in the commonwealth. The
community preservation funds shalf not replace existing operating funds, only augment them,
SECTION XX. The second paragraph of section 7 of said chapler 44B, 2s.so appearing, is
hereby amended by striking out the first sentence.arid inserting in place thereof the following
sentence,.-
The following monies shall be deposited in the fund: all funds collected from the real property
surcharge or bond proceeds in anticipation of revenue pursuant to sections 4 and 11; (ii)
additional funds appropriated or dedicated from allowabJe municipal sources pursuant to
subsection (b 1/2) of section 3, if applicable-, (iij) all funds received from the commonwealth or any
other source for such purposes; and (iv) proceeds from the disposal of real property acquired with
funds from the Community Preservation Fund,
SECTION XX Said chapter 44B, as so appearing, is hereby amended by striking out section 10
and inserting in place thereof the following section:-
Section 10. (a) The commissioner of revenue shall annually on or before November 15 disburse
monies from the fund established in section 9 to cities and towns that have accepted sections 3 to
7, inclusive, and notified the commissioner of their acceptance. The community shall notify the
commissioner of the date and terms on which the voters accepted said sections 3 to 7, inclusive.
The municipal tax collecting authority shall certify to the commissioner the amount the city or town
has raised through June 30 by imposing a surcharge on its real property levy and shall certify the
percentage of the surcharge applied. In the event a city or town accepts this act pursuant to
subsection (b 1/2) of section 3, the municipal tax collecting authority shall certify to the
commissioner by October 30, the maximum additional funds the city or town intends td transfer to
the Community Preservation Fund from allowable municipal sources for the following fiscal year.
Once certified, the city or town may choose to transfer less than the certified amount during the
following fiscal year,
(b)The commissioner shall multiply the amount remaining in the fund after any disbursements for
operating and administrative expenses pursuant to section 9c.by 80 per cent. This amount
dist6buted in the first round distribution shall be known as the match distribution. The first round
total shall be distributed to each city or town accepting said sections 3 to 7. inclusive, in an
amount not less than 5 per cent but not greater than 100 per cent of the total amount raised by
the additional surcharge on real property by each city or town and, if applicable, the additional
funds committed from aliowable municipal sources pursuant to subsection (b 1/2) of section 3. The
percentage shall be the same for each city and town and shall be determined by the
commissioner annually in a manner that distributes the maximum amount available to each
participating city or town.
(c)The commissioner shall further divide the remaining 20 per cent of the fund in a second round
distribution, known as the equity distribution, The commissioner shall determine the equity
disMbution in several steps. The first step shall be to divide the remaining 20 per cent of the fund
by the number of cities and towns that have accepted said sections.3 to 7, inclusive. This
dividend shall be known as the base figure for equity distribution. This base figure shall be
determined solely fo� pur,poses of performing the calculation for equity distribution and shall not
be added to the amount received by a participant.
(d) Each city and town in the commonwealth shali be assigned a community preservation rank for
purposes of the equity distribution. The commissioner shall determine each community's rank by
first determining the city or town's equalized property valuation per capita ranking, ranking cities
and towns from highest to lowest valuation. The commissioner shall also determine the
population of each city or town and rank each from largest to smallest in population, The
commissioner shall add each equalized property valuation rank and population rank, and divide
the sum by 2. The dividend is the community preservation raw score for that city or town.
(e) The commissioner shall then order each city or town by community preservation raw score,
from the lowest raw score to the highest raw score. This order shall be the community
preservation rank for each city or town. If more than 1 city or town has the same community
preservation raw score, the city or town with the higher equalized valuation rank shall receive the
higher community preservation rank.
(f)After determining the community preservation rank for each-city or town in the commonwealth,
the commissioner s�all divide- at! cifies or to%-Amsinto deciles according to their community
preservation ranking, with approximately the sams number of cities or towns in each decile, and
with the cities or townswith the highest community preservation rank, shall be placed in the lowest
decile category, starting with decke 10. Percentages shall be assigned to each decile as follows:
decile 1 140 per cent of the base figure
decile 2 130 per cent of the base figure
decile 3 120 per cent of the base figure
decile 4 110 per cent of the base figure
decile 5 100 per cent of the base figure
decile 6 90 per cent of the base figure
decile 7 80 per cent of the base figure
decile 8 70 per cent of the base figuie
decile 9 60 per cent of the base figure
deciie 10 50 per cent of the base figure
After assigning each city or town to a decile according to their community preservation rank, the
commissioner shall multiply the percentage assigned to that decile by the base figure to
determine the second round equity distribution for each participant.
(g) Notwithstanding any other provision of this section, the total state contribution for each city or
town shall not exceed the actual amount raised by the city or town's surcharge on its real property
levy, and if applicable, additional funds committed from allowable municipal sources pursuant to
subsection (bl/2) of section 3.
(h)When there are monies remaining in the trust fund after the first and second round
distributions, and any necessary adm�njstrative expenses have been paid in accordance with
section 9, the commissioner may conduct a third round surplus distribution. Any remaining
surplus in the fund may be distributed by dividing the amount of the surplus by the number of
cities and towns that have accepted this chapter. The resulting dividend shall be the surplus base
figure. The commissioner shall then use the decile categories and percentages as defined in this
section to determine a surplus equity distribution for each participant.
(i) The commissioner shall determine each 1p@rt�cipant's total state grant by adding the amount
received in the first round distribution with the amounts received 'in any later round or rounds of
distributions, with the exception of a city or town that has already received a grant equal to 100
per cent of the amount the community raised by its surcharge on its real property levy.
(1) Only those cities and towns that adopt the maximum surcharge pursuant to subsection (b) of.
section 3 and those cities and towns that adopt the maximum surcharge and additional funds
committed from allowab�e municipal sources such that the total funds are the equivalent of 3 per
Gent of the real estate tax levy against real property pursuant to subsection (b 1/2) of section 3
shall be eligible to receive additional state monies through the equity and surplus distributions,
(2) If less than 10 percent of the cities and towns in the commonwealth have accepted sections 3
to 7, inclusive, andlimposed and collected a surcharge on their real prop" levy, the
commissioner may calculate the state grant with only 1 round of distributions, or in any other
equitable manner.
(j) After distributing the trust fund in accordance with this section, the commissioner shaH keep
any remaining funds in the trust for distribution in the following year,
SECTION XX Section 12 of said chapter 44 B, as so appearing, is hereby amended by striking
out subsection (a) and inserting in place thereof the folloviing subsection:-
(a)A real property interest that is acquired with monies from the Community Preservation Fund
shall be bound by a permanent restriction, recorded as a separate instrument, that meets*the
requirements of sections 31 to 33, inclusive, of chapter 184 limiting the use of the interest to the
purpose for which it was acquired. The permanent restriction shall run with the land and shall be
enforceable by the city or town or the commonwealth. The permanent restriction may also run to
the benefit of a nonprofit, charitable corporation or foundation selected by the city or town with the
right to enforce the restriction, The legislative body may appropriate monies from the Community
Preservation Fund to pay a non-profit organization created pursuant to chapter 180 to hold,
monitor and enforce the deed restriction on said property.
SECTION XX Subsection (a) of section 16 of said chapter 44B, as so appearing, is hereby
amended by inserting after the word "chapter", in line 5, the following words:-
including reducing the surcharge to 1 per cent and committing additional municipal funds
pursuant to subsection (b 1/2) of section 3.
SECTION XX. Sections XX to XX (CPA sections) shall apply to all Community Preservation Fund
appropriations approved by a city or town's legislative body on or after the effective date of
acceptance of chapter 446 of the General Laws in such city or town.
SECTION XX (a) Notwithstanding any general or special law to the contra�y, after complying with
clause (a) of section 5C of chapter 29 of the General Laws, the comptroller shall beginning for
fiscal year 2013 and in every fiscal year thereafter dispose of the consolidated net surplus in the
budgetary funds in the following order to the extent that funds are available., (1) the comptroller
shall transfer$25,000,000 to the Massachusetts Community Preservation Trust Fund,
established by section 9 of chapter 44B of the General Laws; and (2) the comptroller shall
transfer the remaining balance from the General Fund to the Commonwealth Stabilization Fund.
(b)All transfers pursuant to this section shall be made from the undesignated fund balance ir, the
budgetary funds proportionally from the undesignated fund balances; but no such transfers shall
cause a deficit in any of the funds.
MAYORAL ACTION
Received this day of OUA 2012 from Council Clerk.
Signed by Council President this day of NAAAA- 2012.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga am C arter, as
ameTed, I h eby approve the passage of the above legislation on day of
20
12.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
2012 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO CQUNCIL CLERK
Returned to Council Clerk this day of ' 2012.
U
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
A
Juric 1. 20 12
The Honorahle Governor Deval lla(rick
PRKSIDENT massachuqetts State House
Cin-istopher C Johnson Oil ice of tile Governor
Roorri 280
VICE PRESIDEN'r Boston� NIA. 02133
De"ins J. Perry
Re: V02012-23 - AL Resolution Stipporting (lie Pending Community
COUNCILORS Pi-esei-valion Act (CPA) Amendment
George Ritzas
Cecilia P. Calabruse Dear Governor Pairick:
Paid C. Cavollo
Jame5 P. Cichwli lie Agammi Chy Comwil VotCd tHl-,Jllil110L1S1�' Oil iMay 21, 2012 to
Gina k/. Letellier support the passage of Me Comminity Preservation Act (CPA) Amendmew
Rabert,4.-.kfagovern
.10seph Mit.wo ir)CILKICLI by the House of RepresentatJims iii its bwjw jwqxwal. The CPA
Dunahi Al Rheauli amendment %willd increase stale fulidill" alld Cklri(�' tile Statutory
Robert E Rossi ofthe Act 1o ,111oNN f-or broader comril till ily utilization ofCPA funds, A wpy
(11,111C Council rcsoltilioll is a[lachud f'or your convelliclicc.
ADMINATRXUVV On behalf of the Cly Council. I urge YOU to support the passay of'
ASSISTANT this leoislation as A muW be iii Me km interems oFthe chims of Apswini
Barbara A Bard and all coinmu"hies amm" We Con-ullonwealth (if' Nlassachusells. Thank
YOU fOl' )IOUr efforts in this rez,-;,ird.
AOL`-
Christopher C. Jolillsoll
Cit" C01.1061 Pr"'IdClit
ccyb[)
cc: FW1 Comeil
Mayor/ Solicitor
(4113) 786-0400 Ext. 8716
FAX
(411) 724LO717
ENIAT
hbard(djagawam.m a.us
TR-2012-28
A RESOLUTION SUPF'ORTING THE'RENDING
COMiNIIJNI'I')' I>IZI,'SP-1�'V'ATION ACT (CPA) AWNLYMENT
(Sponsored b-y Councilor Cichetti and Councilor Johnson)
WHEREAS, the Commonwealth of'Massachusetts House or Representatives recently filed
an amendment to their FY2013 sta(e budget to Include a comprehensive wneridinent to the
Commum(y Preservation Act- and
WHE'REAS, the Comin on weal ill of' Massachusetis House of Representatives unanimously
passed the Community PTeservation Act Amendment.- and
WFII.,11FAS, ihe COMMUllity Preservation Act Arritndment increasts state fund;ng for Ilic
Community Presemition Act and clarifies the statutory lariguage of the Act to allow for broader
'1'7 'onoMIAfunds-.
COMMUnity un Imn
NOW 'WERFIFORE, the Agawain City Council hereby resolves to support the passage of'
the Community Preservation Act Amendment (a copy of which is�attached hereto) and to notify the
Governor, our State Senator and our State Representative of its support for the pending legislation.
DaLedihis 2L�I dayof . 2012.
PER ORDER OFTH.E' AGAWAIM CITY COUNCIL
Chsistoplier C. lo sort, City Coum�[I fIrcsidem
C
CD
C=�
za C-)
A 15IR 0 VI I AS TO FORM AND LEGALITV
4
ro
Vincent F. loscia, �_It_ysohcitor
Signed by Council President this 1�4 day of' KA 1- 2012.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga am C arter, as
ainiced, I hei-eby approve the passage of the above legislation or) this,� day of
2012.
x,
Richard A, Cohen, Mayor
DISAPPROVAL OF LEGINLA FION
By the powers vested in me pursuant to Ardcle 3, Scction 3-6 of the Agawam Charter-, as
arrimded, I hereby veto the passage of the above legislation on this day of
2012 for the following reason(s)-
Richard A. Colien, Mayor
REITWN OF—I.EGPISLATION TO CQUNCIL CLERK
Returned to Council Clerk this day of 2011
TR-2012-28
A RESOLUTION SUPPORTINGTHE PFNDINC
COMINIUNITY PRESERVA,riON ACT (CPA) AMEN DIM ENT
(Sponsored by Councilor Cichetti and Councilor .1 oil 11NO11)
WHEREAS, the Commotmealth Of !\4�tSSaCJIUSMS HOL19C of Representauves recently filled
an amendmem to their FY2013 state budget to HICIUde a comprehensive amendillent to the
Con-miunity Preservation Act-, and
WHEREAS, the Comi-nomvealth HOLISe Of Repl-eSelltaiives unanimously
passed the Community Preservation Act Amendment. and
WHERE'AS, [Ile C0111111LIIIiIN Preser\atioii Act Ameiidmi�!Ill UICI"C'LISCS SLIIIe fLuidino for tile
Conummity Preservation Act and C13l'ifiCS LhC SILMLItCK)' faill-ILIalle Of Lhe Act to allow 1`61, broader
C0IIlnlkI1lIt\' Lltili?.�16011 OfCPA funds;
NOW, THEREFORE the Apawam City Council hereby I-eSOIVeS to SUPP011 the passage of
the Community Preservation Act Amendment (a copy LA'which is attached hereto') and to notify the,
Governor. OLII- State Senator and OUr State Representative of its suppon for the pendiffil le(21-flati011.
Dated this dav of
PER ORDER OF THE' AGAWAM CITY Cot 1NCIL
Chrislopher C. Johiisoii. City COLHICII President
A (PRO IED fTO.FORM AND LEGALITY
Vincent F' ia. C It\, Solicitol,
TR-2012-28
A RESOLUTION SUPPORTINGTHE' PENDING
COMMUNITY PRESE11VATION ACT (CPA) AMENDMENT
(Sponsored by Councilor Cichetti and Councilor Jobrison)
WHEREAS, the Commonwealth of' MassachLlSetlS 1louse of Representatives recent]%, Filed
an amendment to their FY2013 state bLICIL'et W include a coin prchensi ve amendment to the
Cornmunity Preservwion Act.. and
WHEREAS, the Commonwealth ofM'L1SSUChL1';eZ(S HOUSe L)fKCPFCSCI1ta6%'_eS Unan'11110LISIV
passed the Community Preservation Ael AniCIRIML-211. and
WHEM-_'AS, the C01111111.111M 1'YCSeT%_.'-1tion Act Amendment increases state fundino for the
Community Preservation Act and clal-IfieS thc SLZ1tU10F)' hinguage of the Act to 011ow for broader
community utilization ofCPA funds:
NOW, THEREFORE. [lie Agawam City Council hereby resolves to support the passa,_,e of
the Community Preservation Act Amendment (a copy ol' which is attached hereto) and to notiN the
Governor, our State Senator and our State Reprcsentatl've of'Its suppoil foi-the pending legislation.
Dated this day of
2012.
PER ORDER OFTHE AGA\VAJM CITY COL:NCIL
Christopher C. Johnson, City Council III-esidtilt
A f.PRIOIE,D TOLF(ORM AND LEGALITY
Vincent K City, Solicitor
TR-2012-28
A RESOLUTION SUPORTING THE PENDING
COMMUNITY PRESERVATION ACT (CPA) AMENDMENT
(Sponsored by Councilor Cichetti and Councilor Johnson)
WHEREAS, the Commonwealth of Massachusetts House of Representatives recently filed
an amendment to their FY2013 state budget to include a comprehensive amendment to the
Community Preservation Act; and
WHEREAS, the Commonwealth of Massachusetts House of Representatives unanimously
passed the Community Preservation Act Amendment; and
WHEREAS, the Community Preservation Act Amendment increases state funding for the
Community Preservation Act and clarifies the statutory language of the Act to allow for broader
community utilization of CPA funds;
NOW, THEREFORE, the Agawam City Council hereby resolves to support the passage of
the Community Preservation Act Amendment (a copy of which is attached hereto) and to notify the
Governor, our State Senator and our State Representative of its support for the pending legislation.
Dated this day of 52012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, City Council President
'Pl.
0
fROYED TO-FORM AND LEGALITY
0
Vincent t-�G'-,�Cia`, City Solicito' r
C:)
.CF'
i_uiiuizU111Ly rruservailon 1-;oantion Page I of 2
Community
Preservation Coalition
L Prewrorig cto pow &;J&-io our k-twe.
Abw LJG ADOUt CPA 1"tPt Success Stories CPA ProjeCtS Database Tochnical Assistance Adopting CPA
Home Y CPA News )) Pending CPA Leq�81qvor,,
Pending CPA Legislation
An Act To Sustain Community Preservation (Amendment 737)
April 24.2012:It)at)OU1512M.1irIg ShCAV of support ior ttie Community Preservation Act.the
Massachusetts House-of Representatives unanimously ptissed the long-awaited CRA legimi(ition Munday
evening(,4123).The rail ull vote was taken jusfafter 8orri,wilh 153 representatives Voling YES and riona
oppDs-d Next�top 1b.Ille CFIA largiSiation is the Massa(-Jitisutls Senalt! which vAll takO LOP the proposal
R
.1i I Lit
state budget in inid-May,
as part of tii,3ir dabdte ori lhu
Mlendays vote!was an opportunity for CPA to shioe. i he CPA legistation had been filed as an
amendm6mio the Hakise's version orlhe state budgel. HouseWptysand WarisCommiltee Vice-
Chairman Stephen Ktilik and House Mitionly Leatier Bradley,jones intrortuced tile arnondmeni at aboisr
7 3fjpm and marly n1her InqisJPitvn supponam itoiiowed thgal to the pndiurn to speak ahout cr',A
Speaker of the HotiSA Roterl QGL.er�ifien jnrriodtjr.=d Reprolenta�tve RaW �chntid or Westport who
ripliveted his maiden House vp-�r-ch in support&I,IM arriondmDri-, After an extnnded ovaiinp Speaker
�cl.no o,,:ten,�;d the roll caff vote and thel)XITICILJIICC�d tile fitial IAUY.
TI,,T ;imPrtdmcr)rs languaoi?cmtams the full 41--xi ofAt, 4v to Sv3wer)Community Prosorvattor(HER
7,35; "iv)on.--eicreotion Tns?fonding nuchaninni�n the asimncfmt�nt ftil passed is at)annual transfor of
U5 niil$mn from,!he slate's end-of-year budQut surpfus aim the CPA Statewide Trust Rind,Millar thaft
ar,increzi�e In the rogistry of doads necor(jing fee:; Click hero for the State House News article on the
House vote.
If it passes in the S!mnaii and is signed by the Governor,$25 Million from the state's budget
surplus would be added each year to the revenue from the 5xisting CPA deed�rewrding fees,beg�tining
with the Fall 2013 CPA Trust FUnd payment.All of the other prov�siorys.of HB 785 areMcluded in this.
budgel arriendment,inChIding the-oanges to the rules for CPA recrealion projew;
Yoo can read the full text of the amenarriDnt here.
Trit,coallitarl is quilOul to Vire Chairman rwlik,tvitnor4y Leader Jon,-is 10,lays&Mean.;- riairman r3rian
Dtftm.psey Speaker Bob OeLeo,Our maity CPA feegiswli-.&-GUpportpr.,;In I ne Hrluse.and thiL 100-,
staiewide orga:i�zatiaris wno adv=-atea 9)r this i;i%r;orLjn1 Ejw imom of all we�ue prate�ut t�)
Vot" dl�.��P;%acivocaln., ht-,siipm.�hmugl, inL;,--�2-d w-rk on CPA at nrjw�the iocal and state
yQtj n-iv(,.cmatfrj�i prwgram irat is a jvminal iorlo; on this iinrlortaw milesiDne,
Bill History
Tn--�Ci�,F;111710no.v Flfeservalw('onlidon naR ni!ar.advorii.4ij for passage of Ao 4ci tr)Sus:jiiir COPIMU.-w
Preswi,,Wion-a Lill no6f�ned lo arabiltze Find Stren�PhPn,he Cornmvnily Pmsarvati-,n Ant.The bill
claar,z:d at)ittipuitFint hurdle in narty June 201 1 when the joinj Cornmittee on(,'ortir-junity Deve.foonlem
http-://www.COMMUnitypreServafion.org/contentiadvocacy 4/250-012
%_,uifwiUrULY rreservation Coalition Page 2 of 2
and Small E-_mness uave'I P favtira�fe iecominerulavon.Thc bill was thPr,,forwarded oi)to tha Ho,,:se
I -P or-,Wiys anti Means,and biecame lknovin r>y ns house numuer HS 726��
Comrnit(L
Tht:bill's(ead sponsurs are Senot.n:Cynthia Sione C.mem and r�eprt,6_mentative Steptien Kulik An
irmoressive i 1., ivuisla�cts signe�;ar�!o cr_sj)cr-k:ot zlie WH 21�in we sLate Senaw a;id 81)it,Ine Hotiye
We are g.aiafu�,or such a si5ntficunt show 0',supporl acrOS3 t1le slale as%yell�!s ilo Ira.local CPA
virio have provLlr Itle raltie of CPA in Ineir C0rrZTj14jnLlji!S
Further Resources. . -
State House News Transcript of the 4123 House session passing Amendment 0737
Letter from groups supporting CPA to House Leadership
Summary of An Act to Sustain Community Preservation
Text of An Act to Sustain Community Preservation,as filed
Legislative Sponsors forthe 2DII-2012 legislative session
Economic Benefits of CPA
Recent Press Coverage
"OUR OPINIONi Bill would be a boon for older recrealion facilities."by tht,;�'ai�ot Ledoe',Anfil
"House adopts reforms to CPA to expand use and funding for preservation,"DY Mail NA.u.r.phy
�tate HcL;s--News Service.Atird 23,2012
"Editorial. Legislature should shore up the CPA,"by the kfetroWest C;ady Nevv&April 22.2012
"Boston-Area lawmakers recogn!zDd for community planning," by Johnnna Kaiser.boston^.o.,T;
januafy 6,2012
"Guest View: Legislature should improve community preservation for cities."by ack COrke.
Sciti,lt,CoaW Today,D"mber 21,2011
"Advocates for community preservation in Massachusetts strek ways to increase state
matching dollars,"by�!2w I�ir!u 74e Z�J.2G.1
"'Editorial- Building a Bottar CPA,'!iy —raoy Nv,?F 8ritl,tie Le6q,_If ov,9
I 1 20"1
"Cream bill to reform Community Preservation Act advances again."by Davij Rliav v0rmqcr
AvitJ 28,2011
Contact Us I Links j Donale I Login
http://www.communitypreservation,org/content/advocacy 4/25/2012
Amendment #737 to H041 00
Community Preservation Act(CPA) Amendment
Representatives Kulik of Worthington, Jones of North Reading, Dempsey of Haverhill, Andrews of
Orange, Ayers of Quincy, Atkins of Concord, Balser of Newton, Barrows of Mansfield Basile of
Boston, Bastien of Gardner, Beaton of Shrewsbury, Benson of Lunenburg, Cantwell of
Marshfield, Conroy of Wayland, CreedDn of Brockton, D'Emilia of Bridgewater, Dykema of
Holliston, Fallon of Malden, Ferguson of Holden, Fernandes of Milford, Ferrante of Gloucester,
Finn of West Springfield, Forry of Boston, Garballey of Arlington, Garlick of Needham, Gifford of
Wareham, Gobi of Spencer, Hecht of Watertown, Hill of Ipswich, Hogan of Stow, Holmes of
Boston, Howitt of Seekonk, Humason of Westfield. Hunt of Sandwich, Kafka of Stoughton,
Kaufman of Lexington, Khan of Newton, Kocot of Northampton, Koczera of New Bedford. Kuros
of Uxbridge, Lewis of Winchester, McMurtry of Dedham, Miceli of Wilmington, O'Day of West
Boylston, Parisella of Beverly, Peake of Provincetown, Peisch of Wellesley, Peterson of Grafton,
Provost of Somerville, Puppolo of Springfield, Sannicandro of Ashland, Scibak of South Hadley,
Sciortino of Medford, Schmid of Westport, Smizik of Brookline, Smola of Palmer, Stanley of
Waltham, Story of Amherst, Straus of Mattapoisett, Timilty of Milton, Toomey of Cambridge,
Torrisi-of North Andover, Vieira of Falmouth,Walsh of Framingham, Walsh of Boston, Walz of
Boston, Winslow of Norfolk and Wolf of Cambridge moves to amend the bill by adding at the end
thereof the following section:
SECTION XX. Chapter 44B of the General Laws is hereby amended by striking out section 2 and
'inserting in place thereof the following section:-
"Acquire", to obtain by gift, purchase, devise, grant, rental, rental purchase, lease or otherwjse�
provided, however that "acquire" shall not include a taking by eminent domain, except as
provided in this chapter.
'Annual income", a family's or person's gross annual income less such reasonable allowances for
dependents, other then a spouse, and for medical expenses as the housing authority or, in the
event that there is no housing authority, the department of housing and community development,
determines.
4Capital improvement", reconstruction or alteration of real property that(1) materially adds to the
value of the Feat property, or appreciably prolongs the useful life of the real property, (2) becomes
part of the real property or is permanently affixed to the real property so that removal would cause
material damage to the property or article itself and (3) is intended to become a permanent
installation or is intended to remain there for an indefinite period of time.
OCommunity housing", low and moderate income housing for individuals and families, including
low or moderate income senior housing.
"Community Preservation", the acquisition, creation and preservation of open space. the
acquisition. creation and preservation of historic resources and the creation and preservation of
community housing.
11 Community preservation committee", the committee estabfished by the legislative body of a city
or town to make recommendations for communfty preservation, as provided in section 5.
'Community Preservation Fund", the municipal fund established under section 7.
'Historic resources." a building, structure, vessel, real property, document or artifact that is listed
on the state register of historic places or has been determined by the local historic preservation
commission to be significant in the history, archaeology, architecture or culture of a city or town.
"Legislative body", the agency of municipal government which is empowered to enact ordinances
or by-laws, adopt an annual budget and other spending authorizations, loan orders, bond
authorizations and other financial matters and whether styled as a city council, board of
aldermen, town coupicil. town meeting ar by any otheir flIfle.
"Low income housing", housing for those persons and families whose annual income is less than
80 per cent of the areawide median income. The areawide median income shall be the areawide
median income as determined by the United States Department of Housing and Urban
Development,
"Low cr moderate income senior housing", housing for those persons having reached the age of
60 or over who would qualify for low or moderate income housing.
"Maintenance", incidental repairs which neither materially add to the value of the property or
appreciably prolong the property's life, but keep the property in a condition of fitness,efficiency or
readiness.
"Moderate income housing", housing for those persons and families whose annual income is less
than 100 per cent of the areawide median income. The areawide median income shall be the
areawide median income as determined by the United States Department-of Housing and Urban
Development.
"Open space", shall include, but not be limited to, land to protect existing and future well fields.
aquifers and recharge areas, watershed land, agricultural land, grasslands, fields, forest land,
fresh and salt water marshes and other wetlands, ocean, river, stream, lake and pond frontage,
beaches, dunes and other coastal lands, lands to protect scenic vistas, land for wildlife or nature
preserve and land for recreational use.
"Preservation", protection of personal or real property from injury, harm or destruction,
'Real property", land, buildings, appurtenant structures and fixtures attached to buildings or land,
including, where applicable, real property interests.
"Real property interest", a present or future legal or equitable interest in or to real property,
incAuding easements and restrictions, and any beneficial interest therein, including the interest of
a beneficiary in a trust which holds a legal or equitable interest in real property. but shali not
include an interest which is limited to the following', an estate at will or at sufferance and any
estate for,years having a term of less than 30 years; the reversionary right, condition or right of
entry for condition broken, the interest of a mortgagee or other secured party in a mortgage or
security agreement.
'Recreational use", active or passive recreational use including, but not limited to, the use of land
for community gardens. trails, and noncommercial youth and adult sports, and the use of land as
a park, playground or athletic fie�d. "Recreational use" shall not include horse or dog racing or the
use of�ancl for a stadium, gymnasium or similar structure.
'Reh�bilitation', capital improvements, or the making of extraordinary repairs, to historic
resources, open spaces, lands for recreational use and community housing for the purpose of
making such historic resources, open spaces, lands for recreational use and community housing
functional for their intended use including, but not limited to, improvements to comply with the
Americans with Disabilities Act and other federal. state or local building or access codes, With
respect to historic resources, rehabilitation shall comply with the Standards for Rehabilitation
stated in the United States Secretary of the Interior's Standards for the Treatment of Historic
Properties codified in 36 C.F.R. Part 68. With respect to land for recreational use, rehabilitation
shall include the replacement of playground equipment and other capital improvements to the
land or the facilities thereon which make the land or the related facilities more functional for the
intended recreational use.
"Support of Community housing", shall include, but not be limited to, programs that provide
grants, loans, rental assistance, securiity deposits, interest-rate wdte downs or other forms of
assistance directly to individuals and families who are eligible for community housing, or to
housing. for the purpose of making housing affordable.
SECTION XX Section 3 of chapter 44B of the General Laws. as appearing in the 2010 Official
Edition, is hereby amended by adding after paragraph (b) the following new paragraph�-
(b 1/2) Notwithstanding the provisions of chapter 59 or any other general or special law to the
contrary, as an alternative to subsection (b), the legjs�ative body may vote to accept sections 3 to
7, inclusive, by approving a surcharge on real property of not less than 1 per cent of the real
estate tax levy aga�nst real property, and making an additional commitment of funds by dedicating
revenue not greater than 2 per cent of the real estate tax levy against real property', provided,
however. that additional funds so committed shall come from other sources of municipal revenue,.
including, but not limited to, hotel excise taxes pursuant to chapter 64G, linkage fee and
inclusionary zoning payments, however authoriized, the sale of municipal property pursuant to
sectiion 3 of chapter 40, parking fines and surcharges pursuant to sections 20, 20A, and 20A112
of chapter 90, existing dedicated housing, open space and historic preservation funds, however
authorized, gifts received from private sources for community preservation purposes, and
provided further that additional funds so committed shall not include any federal or state funds.
The total funds committed to purposes authorized under this chapter by means of this subsection
shall not exceed 3 per cent of the real estate tax levy against real property, less exemptions
adopted. In the event that the municipality shall no longer dedicate all or part of the additional
funds to community presoervation, the surcharge of not less than 1 per cent shall remain in effect,
but may be reduced pursuant to section 16.
SECTION XX_ Subsection (e) of said section 3 of chapter 44B, as so appearing, is hereby
amended by inserting the following new clause I-
(4) for$100,000 of the value oi each taxable parcel of class 3, commercial property, and class
four, industrial property as defined in section 2A of said chapter 59.
SECTION XX. Subsecflon (b) of section 5 of said chapter 44B, as so appear�ng. is hereby
amended by inserting after the word "preservation", in iines 23 and 24, the following wordsi-
. including the consideration of regional projects for community preservation,
SECTION XX. Said subsection (b) of said section 5 of said chapter 44B, as so appearing, is
hereby further amended by striking paragraph (2) and inserting in place thereof the fdlowing
paragraph,.-
(2) The community preservation committee shali make recommend aflons to the legislative body
for the acquisition, creation and preservation of open space; for the acquisition, preservation,
rehabilitation and restoration of historic resources; for the acquisition, creation, preservation,
rehabilitation and restoration of land for recreational use� for the acquisition, creation,
preservation and support of community housing: and for the rehabilitation or restoration of open
space and communIty housing t1l lat Jis acqu�red or created as provided in 'this section; provided,
however, that funds expended pursuant to this chapter may not be used for maintenance. With
respect to community housing, the community preservation committee shall recommend,
wherever possible, the reuse of existing buildings or construction of new buildings on previously
developed sites, With respect to recreational use, the acquisition of artificial turf for athletic fields
shall be prohibited,
SECTION XX. Said section 5 of said chapter 44B, as so appearing, is further amended by striking
out subsection (d) and inserting in place thereof the following subsection:-
(d)After receiving recommendations from the community pr�servation committee, the legislative
body shall then take such action and approve such appropriations from the Community
Preservation Fund as set forth in section 7. and such additional non-Community Preservation
Fund appropriations as it deems appropriate to carry out the recommendations of the community
preservation committee. In the case of a city, the ordinance shall provide for the mechanisms
under which the legislative body may approve and veto appropriations made pursuant to this
chapter, in accordance with the city charter.
SECTION XX, Said chapter 44B, as so appearing, is hereby amended by striking out section 6
and inserting in place thereof the following section:-
Section 6. In every fiscal year and upon the recommendation of the community preservation
committee, the legislative body shall spend, or set aside for later spending, not less than 10 per
cent of the annual revenues in the Community Preservation Fund for open space, not less than
10 per cent of the annual revenues for historic resources and not less than 10 per cent of the
annual revenues for community housing, In each fiscal year, the legislative body shall make
appropriations from the Community Preservation Fund as it deems necessary for the
administrative and operating expenses of the community preservation committee, but the
appropriations shall not exceed 5 per cent of the annual revenues in the Community Preservation
Fund. The legisiative body may also make appropriations from the Community Preservation Fund
as it deem s necessary for costs associated with tax billing software and outside vendors
necessary to integrate such software for the first year that a city or town implements the
provisions of this chapter; provided, however, that the tota� of any administrative and operating
expense of the community preservation committee and the first year implementation expenses do
not exceed 5 per cent of the annual revenues in the Community Preservation Fund,
Funds that are set aside shafl be held in the Community Preservation Fund and spent in that year
or later years, but funds set aside for a specific purpose shall be spent only for the specific
purpose. Any funds set aside may be expended in any city or town in the commonwealth. The
community preservation funds shall not rep;ace existing operating funds, only augment them,
SECTION XX The second paragraph of section 7 of said chapter 44B, as so appearing, is
hereby amended by striking out the first sentence and inserting in place thereof the following
sentence�-
The following monies shall be deposited in the fund: (i) 211 funds collected from the real property
surcharge or bond proceeds in anticipation of revenue pursuant to sections 4 and 11; (H)
additional funds appropr�ated or dedicated from allowable municipal sources pursuant to
subsection (b 1/2) of section 3, if appljcable� (iii) all funds received from the commonwealth or any
other source for such purposes.- and (iv) proceeds from the disposal of real property acquired with
funds from the Community Preservation Fund,
SECTION XX Said chapter 44B, as so appearing, is hereby amended by striking out section 10
and inserting in place thereof the following section:-
Section 10, (a) The commissioner of revenue shall annually on or before November 15 disburse
monies from the fund established in section 9 to cities and towns that have accepted sections 3 to
7, inclusive, and notified the commissioner of their acceptance. The community shall notify the
commissioner of the date and terms on which the voters accepted said sections 3 to 7, inclusive.
The municipal tax collecting authority shall certify to the commissioner the amount the city or town
has raised through June 30 by imposing a surcharge on its real property levy and shall certify the
percentage of the surcharge applied. In the event a city or town accepts this act pursuant to
subsection (b 1/2) of section 3, the municipal tax collecting authority shall certify to the
commissioner by October 30, the maximum additional funds the city or town intends to'transfer to
the Community Preservation Fund from allowable municipal sources for the following fiscal year,
Once certified, the city or town may choose to transfer less than the certified amount during the
following fiscal year.
(b) The commissioner shall multiply the amount remaining in the fund after any disbursements for
operating and administrative expenses pursuant to section 9c by 80 per cent.This amount
distributed in the first round distribution shall be known as the match distribution. The first round
total shall be distributed to each city or town accepting said sections 3 to 7, inclusive, in an
amount not less than 5 per cent but not greater than 100 per cent of the total amount raised by
the additional surcharge on real property by each city or town and, if applicable, the additional
funds committed from allowable municipal sources pursuant to subsection (b Y2.) of section 3. The
percentage shall be the same for each city and town and shall be determined by the
commissioner annually in a manner that distributes the maximum amount available to each
participating city or town.
(c)The commissioner shall further divide the remaining 20 per cent of the fund in a second round
distribution, known as the equity distribution. The commissioner shall determine the equity
distribution in several steps. The first step shall be to divide the remaining 20 per cent of the fund
by the number of cities and towns that have accepted said sections.3 to 7, inclusive. This
dividend shall be known as the base figure for equity distribution. This base figure shall be
determined solely for purposes of performing the calculation for equity distribution and shall not
be added to the amount received by a participant.
(d) Each city and town in the commonwealth shafl be assigned a community preservation rank for
purposes of the equity distribution, The commissioner shall determine each community's rank by
first determining the city or town's equalized property valuation per capita ranking. ranking cities
and towns from highest to lowest valuation. The commissioner shall also determine the
population of each city or town and rank each from largest to smallest in population, The
commissioner shall add each equalized property valuation rank and population rank, and divide
the sum by 2. The dividend is the community preservation raw score for that city or town.
(e) The commissioner shafl then order each city or town by community preservation raw score,
from the lowest raw score to the highest raw score. This order shall be the community
preservation rank for each city or town. If more than I city or town has the same community
preservation raw score, the city or town with the higher equalized valuation rank shall receive the
higher community preservation rank.
(f)After determining the community preservation rank for each-city or town in the commonwealth,
the commissioner sh211 d�vid-_ 211 cities or townsinto deciies according to their community
preservation ranking, with approximately the same number of cities or towns in each decile, and
with the cities or townswith the highest community preservation rank, shall be placed in the lowest
clecile category, starting with clec4ie 10. Percentages shall be assigned to each decile as follows:
decile 1 140 per cent of the base figure
d4cile 2 130 per cent of the base figure
decile 3 120 per cent of the base figure
decile 4 110 per cent of the base figure
decile 5 100 per cent of the base figure
decile 6 90 per cent of the base figure
decile 7 80 per cent of the base figure
decile 8 70 per cent of the base figure
decile 9 60 per cent of the base figure
decile 10 50 per cent of the base figure
After assigning each city or town to a decile according to their community preservation rank, the
commissioner shall multiply the percentage assigned to that decile by the base figure to
determine the second round equ"distribution for each participant.
(g) Notwithstanding any other provision of this section, the total state contribution for each city or
town shall not exceed the actual amount raised by the city or town's surcharge on its real property
levy, and if applicable, additional funds committed from allowable municipal sources pursuant to
subsection (bl/2) of section 3,
(h)When there are monies remaining in the trust fund after the first and second round
distributions, and any necessary administrative expenses have been paid in accordance with
section 9, the commissioner may conduct a third round surplus distribution. Any remaining
surplus in the fund may be distributed by dividing the amount of the surplbs by the number of
cities and towns that have accepted this chapter. The resulting dividend shall be the surplus base
figure. The Commissioner shall then use the dec0e categories and percentages as defined in this
section to determine a surplus equity distribution for each participant.
(i)The commissioner shall determine each participanfs total state grant by adding the amount
received in the first round distribution with the amounts received in any later round or rounds of
distributions, with the exception of 2 city or town that has already re-,eived a grant equa� to 100
pef cent of the amount the community raised by its surcharge on its real property levy.
(1) Only those cities and towns that adopt the maximum surcharge pursuant to subsection (b) of
section 3 and those cities and towns that adopt the maximum surcharge and additional funds
committed from allowable municipal sources such that the total funds are the equivalent of 3 per
cent of the real estate tax levy against real property pursuant to subsection (b 112) of section 3
shall be eligible to receive additional state monies through the equity and surplus distributions.
(2) If less than 10 per cent of the cities and towns in the commonwealth have accepted sections 3
to 7, inclusive, and imposed and collected a surcharge on their real property levy, the
commissioner may calculate the state grant with only 1 round of distributions, or in any other
equitable manner,
(j) After distributing the trust fund in accordance with this section, the commissioner shall keep
any remaining funds in the trust for distribution in the followling year.
SECTION XX, Section 12 of said chapter 44B, as so appearing, is hereby amended by striking
out subsection (a) and inserting in p�ace thereof the following subsection:-
(a)A real property interest that is acquired with monies from the Community Preservation Fund
shall be bound by a permanent restriction, recorded as a s.eparate instrument, that meets'the
requirements of sections 31 to 33, inclusive, of chapter 184 limiting the use of the interest to the
purpose for which it was acquired. The permanent restriction shall run with the land and shall be
enforceable by the city or town or the commonwealth, The permanent restriction may also run to
the benefit of a nonprofit, charitable corporation or foundabon selected by the city or town with the
right to enforce the restriction. The legislative body may appropriate monies from the Community
Preservation Fund to pay a non-profit organization created pursuant to chapter 180 to hold,
monitor and enforce the deed restriction on said property.
SECTION XX. Subsection (a) of section 16 of said chapter 44B, as so appearing, is hereby
amended by inserting after the word"chapter", 'in line 5. the faflowing words-
, including reducing the surcharge to I per cent and commitfing additional municipal funds
pursuant to subsection (b 1/2) of section 3,
SECTION XX. Sections XX to XX (CPA sections) shall apply to all Community Preservation Fund
appropriations approved by a city or town's legislative body on or after the effective date of
acceptance of chapter 44B of the General Laws in such city or town.
SECTION XX, (a) Notwithstanding any general or special law to the contrary, after complying with
clause (a) of section 5C of chapter 29 of the General Laws, the comptroller shall beginning for
fiscal year 2013 and in every fiscal year thereafter dispose of the consolidated net surplus in the
budgetary funds in the following order to the extent that funds are available: (1) the comptroller
shall transfer $25,000,000 to the Massachusetts Community Preservation Trust Fund,
established by section 9 of chapter 44B of the General Laws; and (2)the comptroller shall
transfer the remaining balance from the General Fund to the Commonwealth Stabilization Fund.
(b)All transfers pursuant to this section shall be made from the undesignated fund balance in the
budgetary funds proportionally from the undes�gnated fund balances-, but no such transfers shall
cause a deficit in any of the funds.
TR-2012-28
A RESOLUTION SUPORTING THE PENDING
COMMUNITY PRESERVATION ACT (CPA) AMENDMENT
(Sponsored by Councilor Cichetti and Councilor Johnson)
WHEREAS, the Commonwealth of Massachusetts House of Representatives recently filed
an amendment to their FY2013 state budget to include a comprehensive amendment to the
Community Preservation Act; and
WHEREAS, the Commonwealth of Massachusetts House of Representatives unanimously
passed the Community Preservation Act Amendment; and
WHEREAS, the Community Preservation Act Amendment increases state funding for the
Community Preservation Act and clarifies the statutory language of the Act to allow for broader
community utilization of CPA funds;
NOW, THEREFORE, the Agawam City Council hereby resolves to support the passage of
the Community Preservation Act Amendment (a copy of which is attached hereto) and to notify the
Governor, our State Senator and our State Representative of its support for the pending legislation.
Dated this day of --- ) 2012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, City Council President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
Community Preservation Coalition Page I of 2
Community
Preservation Coalition
L Prewtvng our pov Suild.*,V our�.twe.
AboutUs About CPA CPP Success Stories CPA Projects Database Technical Assistance Adopting CPA
Horne v CPA News D Perichpig CPA Leg-,slation
Pending CPA Legislation
An Act To Sustain Community Preservation (Amendment 737)
April 24.2012,In an outstanding show at support for the Community Preservation Act,the
MassachUSHIttS HOUSe of Representatives unanimously passed the long-awaqed CPA legjs!iWn Monday
evening(4/23).The roll call vote was taken just after 8pm,with 163 representatives voting YES and nano
J I opposed Next stop for the CPA legiiiIation is the Massa(ihusafls Senate which will take up the proposal
as part of thbir debate on the state budget in mid-May.
Monday's vote was an opportunity for CPA to shine.The CPA legislation had teen filed as an
amendment to Uie House's version of the rtpte budget. House Ways end Means Committee Vice.
Chairman Stt-,pht�n K04k and House Minority Leader I3MdIey Jones introduced the arnaMment al mout
730prn and many other legislative supporters followed tham tO the podium to sp:)ak about CPA
Speake -House,Robe-ri 00-on IhFn mtrodured Reprosentativo Paul Schmid of V�cstpor%who
r of OiL
dalivored hts maiden House'ill'COh M ALIpport of thO amondniont After an oxtended ovalinn SlleakeT
Dei,00 open�d the ra It call votL�and then announrx.-d(tic!final tally�
Til.-- ;Mnndmcnl'z languaCe ccritaris the,full.,-xi nfAi) Av lo Sustrim Ccmmumrypro��rrfaelon(Pia
765) with om:exc--ption The fikinding machaimain in the amendment that passed is an annual transfer of
S29 millmn frorr the state's cnd-of-yoai budget surplus into the CPA Statewide Trust Fund.rath.)r than
in increaie in the ragistr�of deeds recording Nes Click here for the State House News article on the
House vote.
If it pasries in the S.-!iiam and is signed by the Governor.S26 million from the state's budget
surplus would be added each year to tho revenue from the existing CPA deeds recording fees,begInning
with the Fall 20113 CPA Trust Fund payment.All ofthe other proAslons of HB 765 are included in Nis
budget arviendment,incloiding th e changes to the rules foi,CPA recreation projects
You can faad the full text ofthe amendment hero.
The Coalition is giale!ul to Vice Chairman Kulik.filinority Leader Jones.Ways&Means Cnairman Briin
Dempsey Spcaker Bob GeLeo.Our fnany CPA legislative supporters in the House,and the 100+
stalewide organizations who advocalaw for this important in�gislation But most of at)we are oraleful to
yoo th-u-CPA o0vocai,,s across the stale.'�-rough your hard work on CPA at both the local and slain
vol.yoi.t have ci(-.a!,-d a program i n.tional model Com ,tul.'IMS on this important flniloStonk4
gri
Bill History
Th.�Comrnunily Presrrvation Co.-Jition has been a0vocating fir passage ofAui Actio Sustjty?Comrnumty
P;es—o(vatior-a bill designed to stabilize and strengthon the Community Preservation Act.The bill
cleared an wipitant hurdle in early,lune 2011 when the J01111 Committee on Community Development
http://www.communitypreservation.org/content/advocacy 4/25/2012
Community Freservation Coalition Page 2 of 2
and Small Business gave 0 a favotable 18commend8tion.The bill was then forwarded on to the House
Commitlee on Ways and Means.and became known by Its house number.H8 765
The bi'.1s lead sponsors are Senator Cynthia Slone Cresin and Representative s1tephen Kulik An
impfassive 114 legislators signed on to co-sponsor the 01:25 in the state Senate ond 89 in the House
We are gzaleful for such a significant show ot support across Vie state as viell as to the local CPA
supporters who have proven the value of CPA in thert communities
Further Resources,
State House News Transcript of the 4123 House session passing Amendment#737
Letter from groups supporting CPA to House Leada(ship
Summary of An Act to Sustain Commonity Preservation
Text of An Act to Sustain Community Preservation,as flied
Legislative Sponsors far the 2011-2012 legislative session
Economic Benefits of CPA
Recent Press Coverage
"OUR OPINION:Bill would be a boon for older recreation faclittles.'by the,PafrV Ledge, April
24.2012
"House adopts reforms to CPA to expand use and funding for preservation."by Matt Murphy
Slar#�House Haas Service.Apri;23,2012
"Editorial: Legislature should shore up the CPA,"by the MatroWest Deliv/VoLvs.April 22 2012
'Boston-Area lawmakers recognizod for community planning,"by Johanna Kaiser.boslon com
January 6.2012
"Guest View-.Legislature should Improve community preservation for cities."by Jack CtirkD
Soatt?Coast Toolay.DLoomber 21,2011
"Advocates for community preservation in Massachusetts seek ways to increase state
matching dollars,"by Dan Rinri. 7.9 R-jub,'C3 I Cldatl*i 2P.2011
"Editorial: Building a Better CPA,' by the Wer�,;�V,-.t Ea,l) Nev.-:ord lt�e Foff,ot Ledaci Oct 9
Lind 11 2011
"Cream bill to reform Community Preservation Act advances again."by D-1vtJ Rllev W:-rkud
Lor.,W.'strron Apti;28,2011
Contact Us I Links I Donate I Login
http://www.communitypreservation.org/content/advocacy 4/25/2012
Amendment #737 to H041 00
Community Preservation Act (CPA) Amendment
Representatives Kulik of Worthington, Jones of North Reading, Dempsey of Haverhill, Andrews of
Orange, Ayers of Quincy, Atkins of Concord, Balser of Newton, Barrows of Mansfield, Basile of
Boston, Bastien of Gardner, Beaton of Shrewsbury, Benson of Lunenburg, Cantwell of
Marshfield, Conroy of Wayland, Creedon of Brockton, D'Emilia of Bridgewater, Dykema of
Holliston, Fallon of Malden, Ferguson of Holden, Fernandes of Milford. Ferrante of Gloucester,
Finn of West Springfield, Forry of Boston, Garballey of Arlington, Garlick of Needham, Gifford of
Wareham, Gobi of Spencer, Hecht of Watertown, Hill of Ipswich, Hogan of Stow, Holmes of
Boston, Howitt of Seekonk, Humason of Westfield, Hunt of Sandwich, Kafka of Stoughton,
Kaufman of Lexington, Khan of Newton, Kocot of Northampton, Koczera of New Bedford, Kuros
of Uxbridge, Lewis of Winchester, McMurtry of Dedham, Miceli of Wilmington, O'Day of West
Boylston, Parisella of Beverly, Peake of Provincetown, Peisch of Wellesley, Peterson of Grafton,
Provost of Somerville, Puppolo of Springfield, Sannicandro of Ashland, Scibak of South Hadley,
Sciortino of Medford, Schmid of Westport, Smizik of Brookline, Smola of Palmer, Stanley of
Waltham, Story of Amherst, Straus of Mattapoisett, Timilty of Milton, Toorney of Cambridge,
Torrisi of North Andover, Vieira of Falmouth, Walsh of Framingham, Walsh of Boston, Walz of
Boston, Winslow of Norfolk and Wolf of Cambridge moves to amend the bill by adding at the end
thereof the following section:
SECTION XX. Chapter 448 of the General Laws is herebk amended by striking out section 2 and
inserting in place thereof the following sectiom-
"Acquire", to obtain by gift, purchase, devise, grant, rental, rental purchase, lease or otherwise�
provided. however that"acquire" shall not include a taking by eminent domain, except as
provided in this chapter.
"Annual income", a family's or person's gross annual income less such reasonable allowances for
dependents, other than a spouse, and for medical expenses as the housing authority or, in the
event that there is no housing authority, the department of housing and community development,
determines.
'Capital improvernent", reconstruction or alteration of real property that(1) materially adds to the
value of the real property, or appreciably prolongs the useful life of the real property, (2) becomes
part of the real property or is permanently affixed to the real property so that removal would cause
material damage to the property or article itself and (3) is intended to become a permanent
installation or is intended to remain there for an indefinite period of time.
'Community housing", low and moderate income housing for individuals and families, including
low or moderate income senior housing.
"Community Preservation", the acquisition, creation and preservation of open space, the
acquisition, creation and preservation of historic resources and the creation and preservation of
community housing.
'Community preservation committee", the committee established by the legislative body of a city
or town to make recommendations for community preservation. as provided in section 5.
"Community Preservation Fund", the municipal fund established under section 7
'Historic resources," a building, structure, vessel, real property, document or artifact that is listed
on the state register of historic places or has been determined by the local historic preservation
commission to be significant in the history, archaeology, architecture or culture of a city or town.
'Legislative body*, the agency of municipal government which is empowered to enact ordinances
or by-laws, adopt an annual budget and other spending authorizations, loan orders, bond
authorizations and other financial matters and whether styled as a city council, board of
aldermen, 'town council, town meeting or by any other tuitle.
"Low income housing", housing for those persons and families whose annual income is less than
80 per cent of the areawide median income. The areawide median income shall be the areawide
median income as determined by the United States Department of Housing and Urban
Development.
"Low or moderate income senior housing", housing for those persons having reached the age of
60 or over who would qualify for low or moderate income housing.
"Maintenance", incidental repairs which neither materially add to the value of the property or
appreciably prolong the property's life, but keep the property in a condition of fitness, efficiency or
readiness.
"Moderate income housing", housing for those persons and families whose annual income is less
than 100 per cent of the areawide median income, The areawide median income shall be the
areawide median income as determined by the United States Department of Housing and Urban
Development.
"Open space", shall include, but not be limited to, land to protect existing and future well fields,
aquifers and recharge areas, watershed land, agricultural land, grasslands, fields, forest land,
fresh and salt water marshes and other wetlands, ocean, river, stream, lake and pond frontage,
beaches, dunes and other coastal lands, lands to protect scenic vistas, land for wildlife or nature
preserve and land for recreational use,
"Preservation", protection of personal or real property from injury, harm or destruction.
OReal property", land, buildings, appurtenant St=tures and fixtures attached to buildings or land,
including, where applicable, real property interests.
"Real property interest", a present or future legal or equitable interest in or to real property,
including easements and restrictions, and any beneficial interest therein, including the interest of
a beneficiary in a trust which holds a legal or equitable interestin real property, but shall not
include an interest which is limited to the following: an estate at will or at sufferance and any
estate for years having a term of less than 30 years; the reversionary right, condition or right of
entry for condition broken; the interest of a mortgagee or other secured party in a mortgage or
security agreement.
"Recreational use", active or passive recreational use including, but not limited to, the use of land
for community gardens, trails, and noncommercial youth and adult sports, and the use of land as
a park, playground or athletic field. 'Recreational use" shall riot include horse or dog racing or the
use of land for a stadium, gymnasium or similar structure,
'Reh6bilitation", capital improvements, or the making of extraordinary repairs, to historic
resources, open spaces, lands for recreation@] use and community housing for the purpose of
making such historic resources, open spaces, lands for recreational use and community housing
functional for their intended use, including, but not limited to. improvements to comply with the
Americans with Disabilities Act and other federal, state or local building or access codes, With
respect to historic resources, rehabilitation shall comply with the Standards for Rehabilitation
stated in the United States Secretary of the interior's Standards for the Treatment of Historic
Properties codified in 36 C.F.R. Part 68. With respect to land for recreational use, rehabilitation
shall include the replacement of playground equipment and other capital improvements to the
land or the facilities thereon which make the land or the related facilities more functional for the
intended recreational use.
"Support of Community housing", shall include, but not be limited to, programs that provide
grants, loans, rental assistance, security deposits, interest-rate write downs or other forms of
assistance directly to individuals and families who are eligible for community housing, or to
housing. for the purpose of making housing affordable.
SECTION XX. Section 3 of chapter 446 of the General Laws, as appearing in the 2010 Official
Edition, is hereby amended by adding after paragraph (b) the following new paragraph:-
(b 1/2) Notwithstanding the provisions of chapter 59 or any other general or special law to the
contrary, as an alternative to subsection (b), the legislative body may vote to accept sections 3 to
7. inclusive, by approving a surcharge on real property of not less than 1 per cent of the real
estate tax levy against real property, and making an additional commitment of funds by dedicabng
revenue not greater than 2 per cent of the real estate tax levy against real property; provided,
however, that additional funds so committed shall come from other sources of municipal revenue,
including, but not limited to, hotel excise taxes pursuant to chapter 64G, linkage fee and
inclusionary zoning payments, however authorized, the sale of municipal property pursuant to
section 3'of chapter 40, parking fines and surcharges pursuant to sections 20, 20A, and 20A112
of chapter 90, existing dedicated housing, open space and historic preservation funds, however
authorized, gifts received from private sources for community preservation purposes, and
provided further that additional funds so committed shall not include any federal or state funds.
The total funds committed to purposes authorized under this chapter by means of this subsection
shall not exceed 3 per cent of the real estate tax levy against real property, less exemptions
adopted. In the event that the municipality shall no longer dedicate all or part of the additional
funds to community preservation, the surcharge of not less than 1 per cent shall remain in effect,
but may be reduced pursuant to section 16.
SECTION XX. Subsection (e) of said section 3 of chapter 44B, as so appearing, is hereby
amended by inserting the following new clause -
(4) for$100,000 of the value of each taxable parcel of class 3, commercial property, and class
four, industrial property as defined in section 2A of said chapter 59.
SECTION XX. Subsection (b) of section 5 of said chapter 448, as so appearing, is hereby
amended by inserting after the word "preservation", in lines 23 and 24, the following words:-
, including the consideration of regional projects for community preservation.
SECTION XX Said subsection (b) of said section 5 of said chapter 44B, as so appearing, is
hereby further amended by striking paragraph (2) and inserting in place thereof the following
paragraph:-
(2)The community preservation committee shall make recommendations to the legislative body
for the acquisition, creation and preservation of open space; for the acquisition, preservation,
rehabilitation and restoration of historic resources', for the acquisition, creation, preservation,
rehabilitation and restoration of land for recreational use; for the acquisition, creation,
preservation and support of community housing-, and for the rehabilitation or restoration of open
space and cornmu,-;ity housing t1hat is acquired or created as provided in this section; provided,
however, that funds expended pursuant to this chapter may not be used for maintenance, With
respect to community housing, the community preservation committee shall recommend,
wherever possible, the reuse of existing buildings or construction of new buildings on previously
developed sites. With respect to recreational use, the acquisition of artificial turf for athletic fields
shall be prohibited.
SECTION XX. Said section 5 of said chapter 44B, as so appearing, is further amended by striking
out subsection (d) and inserting in place thereof the following subsection-.-
(d)After receiving recommendations from the community preservation committee, the legislative
body shall then take such action and approve such appropriations from the Community
Preservation Fund as set forth in section 7, and such additional non-Community Preservation
Fund appropriations as it deems appropriate to carry out the recommendations of the community
preservation committee. In the case of a city, the ordinance shall provide for the mechanisms
under which the legislative body may approve and veto appropriations made pursuant to this
chapter, in accordance with the city charter.
SECTION XX. Said chapter 4413, as so appearing, is hereby amended by striking out section 6
and inserting in place thereof the following section:-
Section 6. In every fiscal year and upon the recommendation of the community preservation
committee, the legislative body shall spend, or set aside for later spending, not less than 10 per
cent of the annual revenues in the Community Preservation Fund for open space, not less than
10 per cent of the annual revenues for historic resources and not less than 10 per cent of the
annual revenues for community housing, In each fiscal year, the legislative body shall make
appropriations from the Community Preservation Fund as it deems necessary for the
administrative and operating expenses of the community preservation committee, but the
appropriations shall not exceed 5 per cent of the annual revenues in the Community Preservation
Fund, The legislative body may also make appropriations from the Community Preservation Fund
as it deems necessary for costs associated with tax billing software and outside vendors
necessary to integrate such software for the first year that a city or town implements the
provisions of this chapter; provided, however, that the total of any administrative and operating
expense of the community preservation committee and the first year implementation expenses do
not exceed 5 per cent of the annual revenues in the Community Preservation Fund.
Funds that are set aside shall be held in the Community Preservation Fund and spent in that year
or later years, but funds set aside for a specific purpose shall be spent only for the specific
purpose, Any funds set aside may be expended in any city or town in the commonwealth. The
community preservation funds shall not replace existing operating funds, only augment them,
SECTION XX, The second paragraph of section 7 of said chapter 4413, as so appearing, is
hereby amended by striking out the first sentence and inserting in place thereof the following
sentence:-
The following monies shall be deposited in the fund.- (i) all funds collected from the real property
surcharge or bond proceeds in anticipation of revenue pursuant to sections 4 and 11; (5)
additional funds appropriated or dedicated from allowable municipal sources pursuant to
subsection (b 1/2) of section 3, if applicable: (ii!) all funds received from the commonwealth or any
other source for such purposes; and (jv) proceeds from the disposal of real property acquired with
funds from the Community Preservation Fund,
SECTION XX Said chapter 44B, as so appearing, is hereby amended by striking out section 10
and inserting in place thereof the following section:-
Section 10. (a)The commissioner of revenue shall annually on or before November 15 disburse
monies from the fund established in section 9 to cities and towns that have accepted sections 3 to
7, inclusive, and notified the commissioner of their acceptance. The community shall notify the
commissioner of the date and terms on which the voters accepted said sections 3 to 7, inclusive.
The municipal tax collecting authority shall certify to the commissioner the amount the city or town
has raised through June 30 by imposing a surcharge on its real property levy and shall certify the
percentage of the surcharge applied, In the event 2 city or town accepts this act pursuant to
subsection (b 1/2) of section 3, the municipal tax collecting authority shall certify to the
commissioner by October 30, the maximum additional funds the city or town intends td transfer to
the Community Preservation Fund from allowable municipal sources for the following fiscal year.
Once certified, the city or town may choose to transfer less than the certified amount during the
following fiscal year.
(b)The commissioner shall multiply the amount remaining in the fund after any disbursements for
operating and administrative expenses pursuant to section 9c by 80 per cent. This amount
distributed in the first round distribution shall be known as the match distribution. The first round
total shall be distributed to each city or town accepting said sections 3 to 7. inclusive, in an
amount not less than 5 per cent but not greater than 100 per cent of the total amount raised by
the additional surcharge on real property by each city or town and, if applicable, the additional
funds committed from allowable municipal sources pursuant to subsection (b 1/2) of section 3. The
percentage shall be the same for each city and town and shall be determined by the
commissioner annually in a manner that distributes the maximum amount available to each
participating city or town.
(c)The commissioner shall further divide the remaining 20 per cent of the fund in a second round
distribution, known as the equity distribution. The commissioner shall determine the equity
distribution in several steps. The first step shall be to divide the remaining 20 per cent of the fund
by the number of cities and towns that have accepted said sections 3 to 7, inclusive, This
dividend shall be known as the base figure for equity distribution. This base figure shall be
determined solely for purposes of performing the calculation for equity distribution and shall not
be added to the amount received by a participant.
(d) Each city and town in the commonwealth shall be assigned a community preservation rank for
purposes of the equity distribution. The commissioner shall determine each community's rank by
first determining the city or town's equalized property valuation per capita ranking, ranking cities
and towns from highest to lowest valuation. The commissioner shall also determine the
population of each city or town and rank each from largest to smallest in population. The
commissioner shall add each equalized property valuation rank and population rank, and divide
the sum by 2. The dividend is the community preservation raw score for that city or town.
(e)The commissioner shall then order each city or town by community preservation raw score,
from the lowest raw score to the highest raw score. This order shall be the community
preservation rank for each city or town. If more than 1 city or town has the same community
preservation raw score, the city or town with the higher equalized valuation rank shall receive the
higher community preservation rank.
(f)After determining the community preservation rank for each city or town in the commonwealth,
the commissioner shall divide a[!cities or townsinto deciles according to their community
preservation ranking, with approximately the same number of cities or towns in each decile, and
with the cities or townswith the highest community preservation rank shall be placed in the lowest
decile category, starting with clecile 10. Percentages shall be assigned to each decile as follows:
decile 1 140 per cent of the base figure
decile 2 130 per cent of the base figure
decile 3 120 per cent of the base figure
decile 4 110 per cent of the base figure
decile 5 100 per cent of the base figure
decile 6 90 per cent of the base figure
decile 7 80 per cent of the base figure
decile 8 70 per cent of the base figure
decile 9 60 per cent of the base figure
decile 10 50 per cent of the base figure
After assigning each city or town to a decile according to their community preservadon rank, the
commissioner shall multiply the percentage assigned to that decile by the base figure to
determine the second round equity distribubon for each participant.
(g) Notwithstanding any other provision of this section, the total state contribution for each city or
town shall not exceed the actual amount raised by the city or town's surcharge on its real property
levy, and if applicable, additional funds committed from allowable municipal sources pursuant to
subsection (bl/2) of section 3.
(h)When there are monies remaining in the trust fund after the first and second round
distributions, and any necessary administrative expenses have been paid in accordance with
section 9, the commissioner may conduct a third round surplus distribution. Any remaining
surplus in the fund may be distributed by dividing the amount of the surplus by the number of
cities and towns that have accepted this chapter. The resulting dividend shall be the surplus base
figure. The commissioner shall then use the decile categories and percentages as defined in this
section to determine a surplus equity distribution for each participant.
(i) The GOMMissioner shall determine each participants total state grant by adding the amount
received in the first round distribution with the amounts received in any later round or rounds of
distributions, with the exception of a city or town that has already received a grant equal to 100
per cent of the amount the community raised by its surcharge on its real property levy.
(1) Only those cities and towns that adopt the maximum surcharge pursuant to subsection (b)of
section 3 and those cities and towns that adopt the maximum surcharge and additional funds
committed from allowable municipal sources such that the total funds are the equivalent of 3 per
cent of the real estate tax levy against real property pursuant to subsection (b 1/2) of section 3
shall be eligible to receive additional state monies through the equity and surplus distributions.
(2) If less than 10 per cent of the cities and towns in the commonwealth have accepted sections 3
to 7, inclusive, and imposed and collected a surcharge on their real property levy, the
commissioner may calculate the state grant with only I round of distributions, or in any other
equitable manner,
(j)After distributing the trust fund in accordance with this section, the commissioner shall keep
any remaining funds in the trust for distribution in the following year.
SECTION XX, Section 12 of said chapter 44 B, as so appearing, is hereby amended by striking
out subsection (a) and inserting in place thereof the following subsection:-
(a)A real property interest that is acquired with monies from the Community Preservation Fund
shall be bound by a permanent restriction, recorded as a separate instrument, that meets the
requirements of sections 31 to 33, inclusive, of chapter 184 limiting the use of the interest to the
purpose for which it was acquired. The permanent resthction shall run with the land and shall be
enforceable by the city or town or the commonwealth. The permanent restriction may also run to
the benefit of a nonprofit, charitable corporation or foundation selected by the city or town with the
right to enforce the restriction. The legislative body may appropriate monies from the Community
Preservation Fund to pay a non-profit organization created pursuant to chapter 180 to hold,
monitor and enforce the deed restriction on said property.
SECTION XX. Subsection (a) of section 16 of said chapter 44B, as so appearing, is hereby
amended by inserting after the word "chapter", in line 5, the following words:-
including reducing the surcharge to 1 per cent and committing additional municipal funds
pursuant to subsection (b 1/2) of section 3.
SECTION XX Sections XX to XX (CPA sections) shall apply to all Community Preservation Fund
appropriations approved by a city or town's legislative body on or after the effective date of
acceptance of chapter 44B of the General Laws in such city or town.
SECTION XX. (a) Notwithstanding any general or special law to the contrary, after complying with
clause (a) of section 5C of chapter 29 of the General Laws, the comptroller shall beginning for
fiscal year 2013 and in every fiscal year thereafter dispose of the consolidated net surplus in the
budgetary funds in the following order to the extent that funds are available: (1) the comptroller
shall transfer$25,000,000 to the Massachusetts Community Preservation Trust Fund,
established by section 9 of chapter 44B of the General Laws; and (2)the comptroller shall
transfer the remaining balance from the General Fund to the Commonwealth Stabilization Fund.
(b)All transfers pursuant to this section shall be made from the undesignated fund balance in the
budgetary funds proportionally from the undesignated fund balances; but no such transfers shall
cause a deficit in any of the funds.
TR-2011-15
A RESOLUTION TO SUPPORT SENATE DOCKET 82 AND HOUSE DOCKET 474 AN
"ACT TO SUSTAIN COMMUNITY PRESERVATION"
Sponsored by Councilors George Bitzas, Gina M Letellier, Jill S. Messick, Dennis J. Perry,
Robert E. Rossi,John F. Walsh,James P. Cichetti,Robert A. Magovern,Joseph Mineo,
Donald M. Rheault, Jill P. Simpson)
WHEREAS, the Town of Agawam has accepted Massachusetts General Laws c.44B,
"Community Preservation Act" (hereinafter "Act"); and
WHEREAS, the Bill is indented to encourage and enable communities to develop new parks,
playgrounds, and recreational fields, protect open space, preserve historic buildings and
resources, and support affordable housing; and
WHEREAS, Senate Docket 82 and House Docket 474, "An Act to Sustain Community
Preservation", (Hereinafter "Bill") would increase the annual minimum Community Preservation
Act Trust Fund match by the Commonwealth of Massachusetts to seventy-five (75%) percent-,
and
WHEREAS, the Bill would clarify allowable uses for the Community Preservation Act funds so
that communities may rehabilitate existing outdoor parks and other recreational resources; and
WHEREAS, passage of the Bill would allow for the repair and maintenance of existing assets
such as the High School Tennis Courts and construction of a new track; and
WHEREAS, the Agawam City Council supported the act in the 2009-2010 legislative year
pursuant to TR-2010-8; and
WHEREAS, it is in the best interest of the Town of Agawam that the Bill be approved and made
law;
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that the
Agawam City Council shows support for the Bill and urges Senator James Welch and
Representative Nicholas Boldyga,and Governor Deval Patrick to work in support of the Bill.
Dated this 22nd day of February, 2011.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
TR-2012 -
A RESOLUTION SUPPORTING THE PENDING
COMM-UNITY PRESERVATION ACT (CPA) AMENDMENT
Sponsored by Councilor Cichetti & Councilor Johnson
WHEREAS, the Commonwealth of Massachusetts House of Representatives recently filed
an amendment to their FY2013 state budget to include a comprehensive amendment to the
Community Preservation Act-,
WHEREAS, the Commonwealth of Massachusetts House of Representatives unanimously
passed the Community Preservation Act Amendment;
WHEREAS, the Community Preservation Act Amendment increases state funding for the
Community Preservation Act and clarifies the statutory language of the Act to allow for broader
community utilization of CPA funds;
WHEREAS, it is in the best interest of the City of Agawam to support the passage of the
Community Preservation Act Amendment;
NOW THEREFORE, the Agawam City Council hereby resolves to support the passage of
the Community Preservation Act Amendment(a copy of which is attached hereto) and to notify the
Governor,our State Senator and our State Representative of its support for the pending legislation.
Dated this day of 2012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor