[HISTORY: Adopted by the Town Meeting of the Town of Hadley 5-6-2004 ATM by Art.
16. Amendments noted where applicable.]
There is hereby established a Community Preservation Committee
consisting of nine voting members pursuant to MGL c. 44B.
A.
The composition of the Committee, the appointment authority and the
term of office for the Committee members shall be as follows:
(1)
One member of the Conservation Commission as designated by the Commission
for a term of three years.
(2)
One member of the Historical Commission as designated by the Commission
for a term of three years.
(3)
One member of the Parks and Recreation Commission as designated by
the Commission for an initial term of one year and thereafter for
a term of three years.
(4)
One member of the Planning Board as designated by the Board for an
initial term of two years and thereafter for a term of three years.
(5)
One member of the Long Range Planning Committee as designated by
that Committee for an initial term of one year and thereafter for
a term of three years.
(6)
One member of the Finance Committee as designated by that Committee
for an initial term of one year and thereafter for a term of three
years.
(7)
Two members to be appointed by the Select Board for a term of one
year and thereafter for a term of three years.
(8)
One
member of the Housing Authority as designated by the Authority for
a term of three years.
[Amended 11-18-2010 STM by Art. 3]
B.
Should any of the commissions, boards, councils, or committees who
have appointment authority under this chapter be no longer in existence
for what ever reason, the appointment authority for that commission,
board, council, or committee shall become the responsibility of the
Select Board.
A.
The Community Preservation Committee shall study the needs, possibilities,
and resources of the Town regarding community preservation. The Committee
shall consult with existing municipal boards, including the appointing
bodies, in conducting such studies. 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 two weeks preceding a hearing in a newspaper
of general circulation in the Town.
B.
The Community Preservation Committee shall make recommendations to
the Hadley Town Meeting for the acquisition, creation and preservation
of open space; for the acquisition, preservation, rehabilitation and
restoration of historic resources; for the acquisition, creation and
preservation of land for recreational use; for the acquisition, creation,
preservation and support of community housing; and for the rehabilitation
or restoration of open space, land for recreational use and community
housing that is acquired or created as provided in this section. 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.
[Amended 11-18-2010 STM by Art. 3]
C.
The Community Preservation 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 for general purposes that are consistent
with community preservation. The Community Preservation Committee
may recommend the issuance of general obligation bonds or notes in
anticipation of revenues to be raised pursuant to Section 3 of the
Act,[1] the proceeds of which shall be deposited in the Community
Preservation Fund. Bonds or notes so issued may be at such rates of
interest as shall be necessary and shall be repaid as soon after such
revenues are collected as in expedient. The Town shall make every
effort to limit the administrative costs of issuing such bonds by
cooperating with other cities and towns using methods including, but
not limited to, common issuance of bonds or common retention of bond
counsel. Except as otherwise provided in this chapter, bonds or notes
issued pursuant to this section shall be subject to the applicable
provisions of MGL c. 44. The maturities of each issue of bonds or
notes issued under this bylaw may be arranged so that for each issue
the amounts payable in the several years for principal and interest
combined shall be as nearly equal as practicable in the opinion of
the officers authorized to issue bonds or notes or, in the alternative,
in accordance with a schedule providing for a more rapid amortization
of principal.
[Amended 11-18-2010 STM by Art. 3]
(2)
The Community Preservation Committee will submit to Town Meeting
for approval an annual administrative and operating budget for the
Community Preservation Committee, which cannot exceed 5% of the annual
revenues in the Community Preservation Fund.
[1]
Editor's Note: See MGL c. 44B, § 3.
The Community Preservation 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.
The Community Preservation Committee shall approve its actions by
majority vote. Recommendations to the Town Meeting shall include their
anticipated costs.
This bylaw 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 MGL c. 44B.
[Amended 11-18-2010 STM by Art. 3]
In case any section, paragraph or part of this bylaw shall be
for any reason declared invalid or unconstitutional, every other section,
paragraph or part shall continue in full force and effect.
