Town of Hadley, MA
Hampshire County
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[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]
(1) 
As provided in the Massachusetts Community Preservation Act,[2] no expenditures shall be made from the Community Preservation Fund without the approval of Town Meeting.
[2]
Editor's Note: See MGL c. 44B.
(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.