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December 2008
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The old cliché "never a dull moment" certainly has
applied to the Community Preservation Act this fall.
First there was the eagerly awaited CPA Trust Fund
distribution, the first ever where most communities
received less than a 100% match. That was followed
by the first ever Supreme Judicial Court decision in a
case involving CPA. We cover both important events,
plus more, in this issue of CPA Update.
In this issue . . .
Analysis of CPA Trust Fund distribution
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In mid-October, 127 CPA communities received their
yearly disbursement from the statewide CPA Trust
Fund. As anticipated, for the first time, the match rate
dipped below 100%, and communities received
varying percentage matches, based on the distribution
formula contained in Section 10 of the Act. As a
result, some interesting patterns emerged. Also of
note, the Department of Revenue (DOR) provided a
first look at the estimated match for October 15, 2009.
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First Supreme Judicial Court decision on CPA
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Decision provides narrow definition of allowable recreation projects in existing parks
The Massachusetts Supreme Judicial Court has
offered its first interpretation of the Massachusetts
Community Preservation Act, giving important
guidance on the expenditure of community
preservation funds for recreational projects. Ten
Newton taxpayers challenged the city's proposed use
of CPA funds on several projects in two city parks.
The plaintiffs alleged that the use of CPA funds for
these projects did not constitute the "creation"
or "preservation" of land for recreational purposes
under Section 5(b)(2) of the CPA Act and, therefore,
was not a permitted expenditure of CPA funds.
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Applications for Kuehn Award extended to January 31, 2009
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Submit your best CPA project to us today!
We are looking for great examples of successful CPA
projects, and it could be quite rewarding if your
community is chosen! The Robert Kuehn Community
Preservation Award program is planning to honor two
completed CPA projects that best exemplify the spirit
of Bob Kuehn's legacy.
One winner will be chosen in
each of two categories. The large community category
includes CPA cities and towns with FY2008 local
surcharge revenues of over $400,000 and the small
category includes those whose FY2008 surcharge
revenues are under $400,000. The winning
community in each category will receive an award of
$3,500. The Keen Charitable Foundation is donating
the award money in Bob's memory.
Because of the upcoming holiday season, we've
extended the application deadline to January 31,
2009.
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Fall 2008 CPA adoption election results
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Voters in seven new communities approved CPA
ballot measures on November 4th, including the cities
of Gloucester and West Springfield, and the towns of
Northfield, Royalston, Shutesbury, Swansea, and
Whately. This brought the total number of CPA
communities to 140 statewide, which is 40% of the
cities and towns in the Commonwealth.
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Appropriating CPA funds to your Conservation Fund or Municipal Housing Trust
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Does your community need the flexibility to purchase
open space when it comes on the market, without
having to obtain Town Meeting or City Council
approval? Or, be able to acquire land for affordable
housing without having to wait for your municipality's
legislative body to vote on each opportunity that
arises? It's important to react quickly when real estate
opportunities arise or your community may risk losing
the deal. One way to do this is to establish a
conservation fund and/or an affordable housing trust,
both of which can be funded with CPA
appropriations.
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This issue's featured CPA project
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This issue's featured CPA project is an open space
conservation project in the Town of Carver. The CPA
was adopted in Carver in April 2006 in large part to
protect the subject property - a 242-acre agricultural
property that was enrolled in the MGL c.61A
agricultural protection program.
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Sincerely,
Stuart Saginor
Community Preservation Coalition
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