It's extremely rare for municipalities to face a lawsuit over a CPA project, but our lead story today covers one such dispute over the use of CPA funds for sidewalks. Read on for the court's decision in that case, plus news on adoption of CPA in two new cities, our analysis of this year's CPA Trust Fund distribution and more.
Court Decision Issued in CPA Sidewalk Lawsuit
In a decision this week from Plymouth Superior Court, a community was barred from using CPA funds to construct a sidewalk. The court ruled that it was a violation of the CPA legislation to use $1.4 million in funding to complete a 2.6 mile sidewalk project in Norwell. The town must now find another funding source or cancel the sidewalk portion of the project, and they also must cover the legal costs of the plaintiffs.
The dispute followed a Norwell Town Meeting vote in the spring of 2015. At that time, the town decided to use CPA funding to add sidewalks to a previously scheduled road construction project on Main Street. But citizens immediately filed a "10-taxpayer lawsuit" against the town, arguing that the project was not recreational in nature and therefore could not use CPA funding. The town argued that the project was not an ordinary municipal sidewalk, but a "pathwalk" creating a loop that connected schools and fields and was primarily recreational. Ultimately, the court disagreed.
Three more communities already on the ballot for 2016
The cities of Medford and Malden in Middlesex County voted to adopt CPA in November, bringing the total number of CPA communities statewide to 160 (45% of municipalities in the state). Meanwhile, the towns of Abington in Plymouth County, Oxford in Worcester County, and South Hadley in Hampshire County all voted at Town Meeting to place CPA on the ballot for Spring 2016.
As the economy improves, many more communities are exploring CPA. Over a dozen municipalities are actively working toward CPA adoption right now, and many of those will likely end up on the ballot in November of 2016. CPA has historically done very well when placed on the same ballot as a Presidential election. Of the 26 such votes between 2004 and 2012, CPA passed in all but two communities!
The Coalition keeps an up-to-date list of all upcoming CPA adoption elections on this page of our website. Check back often, as many communities could be added to the list in the spring of 2016.
Analysis of This Year's CPA Trust Fund Distribution
The yearly Trust Fund distribution was released on November 15th, 2015. Although the first round match was slightly lower this year than last year (29.7% compared to 31.46%), the addition of $10 million in state surplus funding helped to dramatically increase the distribution.
The primary source of funding for the Trust continues to be the fees collected at the state's Registries of Deeds. Trust Fund collections for 2014-2015 increased by 8.2% over the previous year - a substantial improvement from the 25.6% decrease in 2013-2014. The Coalition continues to advocate for an increase in the registry fees rather than relying on yearly transfers from the state budget surplus. We are hopeful that the legislature will act on the CPA legislation in the coming year.
The Coalition is seeking an individual to fill the position of Communications Coordinator. The Communications Coordinator handles all communications-related and administrative activities for the Community Preservation Coalition, with a focus on website design and management.
FEATURED PROJECT: Archaeology - A Unique Component of CPA Funding
Although it is sometimes overlooked, the ability to fund archaeology projects is a unique and valuable aspect of the Community Preservation Act. While not the largest category of CPA-funded historic preservation projects - for example, only about 30 archaeology projects have been funded with CPA funds, as compared to about 400 town and city hall rehabilitation projects - many communities have found that having the ability to fund such projects is a benefit.
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In a decision this week from Plymouth Superior Court, a community was barred from using CPA funds to construct a sidewalk. The court ruled that it was a violation of the CPA legislation to use $1.4 million in funding to complete a 2.6 mile sidewalk project in Norwell. The town must now find another funding source or cancel the sidewalk portion of the project, and they also must cover the legal costs of the plaintiffs.
