BOARD OF SELECTMEN’S STATEMENT
This Special Town Meeting is being held as a result of a Citizen’s Petition seeking to enact the Community Preservation Act (CPA) in Bolton. The Board of Selectmen urges all voters to obtain as much information about the CPA as possible and to attend the town meeting on April 2. The selectmen also remind voters that a ballot vote on May 14, 2007 is required in order to enact CPA. In addition to local officials and sponsors of the Citizen’s Petition, there is a wealth of information on the web at www.communitypreservation.org and www.commpres.env.state.ma.us.
The CPA is an annual property tax surcharge in which the proceeds are kept in separate accounts that can be used for affordable housing, historic preservation, open space protection, and construction of playing fields and other active recreation facilities. The state provides matching funds to the same separate accounts, ranging from 5% to 100% of the town’s surcharge. Since CPA was passed by the legislature in 2000, the state match has been 100%, but the expectation is that the match will decline in the next few years to perhaps 20-30%. There are low/moderate income and senior exemptions from the tax surcharge.
There are some possible projects for which CPA funds could be used in the future: creation of affordable housing, renovation of the Houghton Building, renovation of the 1922 wing of Emerson School, acquisition of land and construction of soccer or lacrosse fields, renovation of the Town Hall, and preservation of historical documents in the town, just to name a few. While a Community Preservation Committee recommends projects for CPA funding, all projects must be approved by Bolton town meetings.
There are also projects the town must complete that require tax dollars and are not eligible for CPA funds. These include the library and sewage treatment plant projects approved last year, the proposed public safety building being considered at the Annual Town Meeting this year, new school space needed in 2009-10, and highway and local road improvements.
Once enacted, the percentage surcharge (at least 1% but not more than 3%) can be changed annually by a town meeting or petition and a ballot vote. The CPA itself can be repealed after 5 years, again by town meeting and ballot votes.
Please become informed and help decide whether or not Bolton chooses to enact the Community Preservation Act.
Kenneth F. Troup, Chairman
Anne E. (Panny) Gerken
Curtis Plante
ADVISORY COMMITTEE’S STATEMENT
The Advisory Committee supports the approval of a 3% Community Preservation Act (CPA) surtax. The Committee believes that the State matching funds available from enacting this surtax are worth the additional taxes the Town’s residents will have to pay. The Committee recommends, however, amending the current article to provide a $100,000 per house exclusion. Doing so will reduce the size of the tax increase while also qualifying for the maximum State percentage match. (The amount of the dollar match, however, would be lower than if the $100,000 exclusion were not adopted.)
Proceeds of the CPA surtax may reduce debt services on future capital projects. For example, CPA funds could possibly be used for renovation of the 1922 section of the Emerson School to accommodate our growing student population. Another possible use would be the renovation of the historical Houghton Building for town offices or other purposes. CPA funds might also support projects that the town could not otherwise afford.
It should be noted that a surtax of 3% (even with a $100,000 per house exclusion) would result in an overall tax increase of 7.5% to 8.0% for the median household in the coming year. This would come from a projected 5.25% to 5.50% increase in the basic property tax, plus 2.25% to 2.50% from the surtax. (Implementing a $100,000 per house exclusion reduces the effective surtax from 3% to approximately a 2.25% - 2.50% range for houses valued between $400,000 and $600,000). In spite of this substantial one-time increase in taxes, the Committee believes a 3% CPA surtax should be adopted because of the benefit to the Town from matching State funds.
COMMONWEALTH OF MASSACHUSETTS
TOWN OF BOLTON
WORCESTER, ss
SPECIAL TOWN MEETING
Monday, April 2, 2007
Nashoba Regional High School Auditorium
7:00 p.m.
To any of the Constables of the Town of Bolton, in the County aforesaid:
GREETINGS - In the name of the Commonwealth of Massachusetts, you are directed to notify and warn the inhabitants of the Town of Bolton aforesaid, qualified to vote in elections and town affairs, to meet at Nashoba Regional High School Auditorium in said Bolton, on the 2nd day of April, 2007 at 7:00 p.m., then and there to act on the following articles:
Article 1: Community Preservation Act
To see if the Town will vote to accept Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said Act, including the acquisition, creation, and preservation of open space, the acquisition, preservation, rehabilitation, and restoration of historic resources, the acquisition, creation and preservation of land for recreational use, the creation, preservation and support of community housing, and the rehabilitation and restoration of open space, land for recreational use and community housing that is acquired or created as provided under said Act; to approve a property tax surcharge in the amount of three percent (3%) of the taxes assessed annually on real property to be imposed on taxes
assessed for fiscal years beginning on or after July 1, 2007, and to exempt from the surcharge property owned and occupied as a domicile by a person who would qualify for low income housing or low or moderate income senior housing in the Town; or do or act relating thereto.
Sponsor: Citizens’ Petition
Summary: The Community Preservation Act (CPA) allows communities to establish a dedicated funding source, and to receive state matching funds (between 5% minimum and 100% maximum), with which to (1) acquire, create, and preserve open space; (2) acquire, preserve, rehabilitate, and restore historic buildings and sites; (3) create, preserve, and support affordable housing; and (4) acquire, create, and preserve land for recreational use. Similar to a 401(k), the town would have 3% surtax kept in a fund along with annual state contributions to the fund. At least 10% of the annual CPA revenues must be used or reserved for each of affordable housing, historical preservation, or open space purposes. All other annual CPA revenues may be used or reserved for any of the CPA purposes. All use of CPA revenues must be as
recommended by the Committee Preservation Committee and approved by a town meeting. The state match, which was 100% in the first five years but is likely to decline to 35-50% in the next five years, comes from real estate transfer fees, and leverages the town’s tax surcharge. In addition to this town meeting vote, a ballot vote on May 14, 2007 is required in order to enact CPA. The CPA may be revoked in five years by a town meeting and ballot vote.
Board of Selectmen Recommendation: Mr. Troup is in favor of the 3% surcharge because it maximizes the state match. Ms. Gerken is in favor of the 1% surcharge with a $100,000 exemption. Mr. Plante is not in favor of this article because of other future capital projects that are not covered by CPA funds.
Advisory Committee Recommendation: Approved with amendment for $100,000 per house exclusion
Vote Required: simple majority
Article 2: Amendment to the Administrative Bylaws to Insert a Section Entitled Community Preservation Committee
To see if the Town will vote to amend the Administrative Bylaws of the Town of Bolton by inserting the following new section:
1.20 Community Preservation Committee
1.20.1 Establishment
There is hereby established a Community Preservation Committee (“Committee), consisting of 7 voting members pursuant to Massachusetts General Laws Chapter 44B. The composition of the Committee, the appointing authority and the term of office for the committee members shall be as follows:
A. Two members, not members of the agencies listed below, appointed by the Board of Selectmen, for terms of one year each;
B. One member from the Conservation Commission as designated by said Commission, for a term of one year;
C. One member from the Planning Boardas designated by said Board, for a term of one year;
D. One member from the Historic Commission as designated by said Commission, for a term of one year;
E. One member from the Parks & RecreationCommission as designated by said Commission, for a term of one year; and,
F. One member from the HousingAuthorityas designated by said Authority, for a term of one year.
1.20.2 Duties.
A. The Committee shall study the needs, possibilities and resources of the town regarding community preservation before making any recommendation to Town Meeting. The Committee shall consult with existing municipal boards, including but not limited to the Conservation Commission, the Historical Commission, the Planning Board, the Recreation Commission and the Housing Partnership/Authority, or persons acting in those capacities or performing like duties, in conducting such studies. The Committee shall consult with other town boards, commissions or committees as it deems necessary. As part of its study, the Committee shall hold one or more public informational hearings on the needs, possibilities and resources of the town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published
for each of 2 weeks preceding a hearing in a newspaper of general circulation in the town.
B. The Committee shall make recommendations to the Town Meeting based on its studies for the acquisition, creation, and preservation of open space; the acquisition, preservation, rehabilitation, and restoration of historic resources; the acquisition, creation and preservation of land for recreational use; the creation, preservation and support of community housing; and the rehabilitation and restoration of open space, historic resources, land for recreational use and community housing that is acquired or created as provided in MGL Chapter 44B, Section 3 through 7. With respect to community housing, the Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.
C. The Committee may include in its recommendation to the Town Meeting a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending funds in the Community Preservation Fund for general purposes that are consistent with community preservation. Recommendations to the Town Meeting shall include the anticipated costs of such recommendations.
D. The Committee shall keep a full and accurate account of all of its actions, including its recommendations and the action taken on them and records of all appropriations or expenditures made from the Community Preservation Fund. The committee shall also keep records of any real property interests acquired, disposed of or improved by the city or town upon its recommendation, including the names and addresses of the grantors or grantees and the nature of the consideration. The records and accounts shall be public records.
1.20.3 Requirement for a Quorum.
The Committee shall not meet or conduct business without the presence of a quorum. A majority of the members of the community preservation committee shall constitute a quorum. All meetings of the community preservation committee shall be held in accordance with the Open Meeting law, Massachusetts General Laws Chapter 39, section 23B. The community preservation committee shall approve its actions by majority vote.
1.20.4 Amendments.
This section may be amended from time to time by a majority vote of the Town Meeting, provided that the amendments would not cause a conflict to occur with Massachusetts General Laws Chapter 44B.
1.20.5 Severability.
In case any section, paragraph or part of this section be for any reason declared invalid or unconstitutional by any court of last resort, every other section, paragraph or part shall continue in full force and effect.
1.20.6 Effective Date.
Each appointing authority shall have 30 days after approval by the Attorney General to make their initial appointments. Should any appointing authority fail to make its appointment within the allotted time, the Board of Selectmen shall make the appointment.
Sponsor: Citizens’ Petition
Summary: The Community Preservation Act includes a provision to create a 7 person committee to make recommendations to Town Meetings about expenditure of CPA funds. The CPA requires 5 of the members be appointed from existing town boards with interests in community preservation and 2 members appointed by the Board of Selectmen. The Community Preservation Committee would meet periodically and conduct public hearings to study potential uses and recommendations for expenditure of CPA funds.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority
And you are directed to serve this warrant by posting up attested copies thereof at the Town Hall, at the Post Office, and at two other public places, fourteen days at least before the time for holding said meeting.
Hereof fail not, and make due return of this warrant, with your doings thereon, to the Town Clerk, at the time and place of meeting as aforesaid;
Given under our hands and seal, this 15th day of March in the year of our Lord, two thousand seven.
Kenneth F. Troup ) Selectmen
Anne E. M. Gerken. ) of
Curtis Plante ) Bolton
A true copy. Attest: _________________________Constable of Bolton _______ Date
In obedience to the Warrant, I have notified and warned the said inhabitants of the Town of Bolton to meet at the time and place, by posting up attested copies of the same at the Town Hall, at the Post Office, and at two other public places, at least fourteen days before the date hereof.
Constable of Bolton:_____________________________________Date:____________________
Board of Selectmen Presorted
Bolton, MA 01740 Standard
U.S. Postage Paid
Bolton, MA
Permit No. 7
ECR-LOT
TO: POSTAL CUSTOMER
BOLTON, MA 01740
SPECIAL TOWN MEETING
MONDAY, APRIL 2, 2007
7:00 P.M.
NASHOBA REGIONAL HIGH SCHOOL AUDITORIUM
****PLEASE BRING THIS WARRANT TO TOWN MEETING****
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