[HISTORY: Adopted 5-7-2001 ATM, Art. 39.[1] Amendments noted where applicable.]
[Amended 5-9-2005 ATM, Art. 40]
A Community Preservation Committee shall be established consisting
of nine members. The membership of the committee shall include the
following: one member of the Conservation Commission as designated
annually by the Conservation Commission, one member of the Historical
Commission as designated annually by the Historical Commission, one
member of the Planning Board as designated annually by the Planning
Board, one member of the Park Commissioners as designated annually
by the Park Commissioners, Committee as designated annually by the
Open Space Committee, and one member of the Housing Authority as designated
annually by the Housing Authority. The three remaining members shall
be appointed by the Board of Selectmen as follows: initially, one
member shall be appointed for a one year term, one member for a two
year term and one member for a three year term. Thereafter, each member
appointed by the Board of Selectmen shall be appointed for a three
year term.
A)
Survey of Needs
1.
The Committee shall study the needs, possibilities and resources
of the town regarding community preservation. The committee shall
consult with existing municipal boards, including the Conservation
Commission, the Historical Commission, the Planning Board, the Park
Commissioners and the Housing Authority 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)
Recommendations
1.
In every fiscal year, the Community Preservation Committee must recommend
either that Town Meeting spend, or set aside for future spending,
and subject to expenditures for the operation of the Community Preservation
Committee, not less than an amount of the annual revenues in the Community
Preservation Fund for open space that would be equivalent to the amount
that would have been available through the Cape Cod Open Space Land
Acquisition Program, provided, that such amount does not exceed 80%
of the annual revenues, except as authorized by Section 298 of Chapter
149 of the Acts of 2004, as amended by Sections 129-133 of Chapter
352 of the Acts of 2004; and not less than 10% of the annual revenues
in the Community Preservation Fund for historic purposes; and not
less than 10% of the annual revenues in the Community Preservation
Fund for community housing; provided, however, if the expenditures
for open space exceed 80% of the annual revenues, the remaining funds
will be expended pursuant to the provisions of Section 298 of Chapter
149 of the Acts of 2004, as amended, as follows: one-half for historic
resources and one-half for community housing. Provided, however, that
in every fiscal year after fiscal year 2020, the Community Preservation
Committee must recommend either that Town Meeting spend or set aside
for future spending, not less than 10% of the annual revenues in the
Community Preservation Fund for open space (not including land for
recreational use); not less than 10% of the annual revenues for historic
purposes; and, not less than 10% of the annual revenues for community
housing. 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.
[Amended 5-9-2005 ATM, Art. 40]
2.
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 for general purposes that are consistent with community
preservation.
3.
Throughout the year, the Committee may make additional recommendations
to Town Meeting on acquisition or initiatives to the extent funds
are available in the Community Preservation Fund.
4.
All recommendations to the Town Meeting shall include their anticipated
costs.
C)
Other Powers and Duties. In addition to the
provisions set forth in this By-law, the Community Preservation Committee
shall be vested with all the authority and responsibilities set forth
in the Community Preservation Act, G.L. Ch. 44B § 3-7 inclusive.
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. The Committee shall approve its
actions by majority vote.
In addition to the records required to be kept by all committees
pursuant to the applicable provisions of the Open Meeting Law, G.L.
c.39 § 23B, the Committee shall be responsible for maintaining
records relating to the use of the Community Preservation Fund as
follows:
A)
Recommendations. The Committee shall keep
a record of all of its recommendations to the Town Meeting and the
specific action taken by the Town Meeting on each recommendation.
B)
Expenditures. The Committee shall keep a record
of all appropriations and expenditures made from the Community Preservation
Fund.
C)
Property Interests. The Committee shall maintain
an inventory of all real property interests acquired, disposed of
or improved by the Town after recommendation of the Committee. The
inventory shall contain, at a minimum, the names and addresses of
the grantors and grantees, the amount of consideration and all relevant
action dates. It should also reference all documents related to acquisitions,
dispositions and improvements, such as purchase and sale agreements
and deeds.
