[Adopted 5-6-2013 ATM, Art. 16]
A.
There
is hereby established a Community Preservation Committee, consisting
of nine voting members pursuant to MGL Chapter 44B. 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.
(2)
One member of the Historical Commission as designated by the Commission.
(3)
One member of the Park Commission as designated by the Commission.
(4)
One member of the Housing Authority Board as designated by its Board
of Directors.
(5)
One member of the Planning Board as designated by the Planning Board.
(6)
One member of the Select Board as designated by the Select Board.
(7)
One Finance Committee member and two citizen members at-large, who
do not hold elected or appointed office, nor serve as Town employees,
as designated by the Select Board.
B.
Each
member of the Community Preservation Committee shall serve for a term
of three years or until the person no longer serves in the position
or on the board or commission as set forth above, whichever is earlier.
Any vacancy on the Committee shall be filled by the commission or
board that designated the member who creates the vacancy, by designating
another member in accordance with the above provisions for the unexpired
term.
C.
Should
any of the commissions or boards which have appointment authority
under this article be no longer in existence for whatever reason,
the appointment authority for that commission or board 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, including
the consideration of regional projects for community preservation.
The committee shall consult with existing municipal boards, including
the Select Board, the Conservation Commission, the Agricultural Commission,
the Historical Commission, the Planning Board, the Park Commission
and the Housing Authority, or persons acting in those capacities or
performing like duties, 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. The Committee may,
after proper appropriation, incur expenses as permitted by state law
using funds from the Community Preservation Fund to pay such expenses.
B.
The
Community Preservation Committee shall make recommendations to 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, preservation,
rehabilitation and restoration of land for recreational use; for the
acquisition, creation, preservation and support of community housing;
and for the rehabilitation or restoration of open space and community
housing that is acquired or created as provided for in this article.
With respect to community housing, the Community Preservation Committee
shall recommend, whenever possible, the reuse of existing buildings
or construction of new buildings on previously developed sites. With
respect to recreational use, the acquisition of artificial turf for
athletic fields shall be prohibited.
C.
The
Community Preservation Committee may include in its recommendations
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 recommend
to set aside for later spending funds for general purposes that are
consistent with community preservation.
D.
In
every fiscal year, the Community Preservation Committee must recommend
either that the Town Meeting spend, or set aside for later spending,
not less than 10% of the annual revenues in the Community Preservation
Fund for each of the following categories:
The Community Preservation Committee shall not meet or conduct
business without the presence of a quorum and shall keep a written
record of its proceedings. 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.
The Community Preservation Committee shall, from time to time,
review the administration of this article, making recommendations,
as needed, for changes in the article and in administrative practice
to improve the operations of the Community Preservation Committee.
This article may be amended from time to time by a majority vote of
the Town Meeting, provided that the amendments are not in conflict
with Chapter 44B of the Massachusetts General Laws.
In case any section, paragraph or part of this article is for
any reason declared invalid or unconstitutional by any court of competent
jurisdiction, every other section, paragraph or part shall continue
in full force and effect.
Following Town Meeting, this article shall take effect immediately
upon approval by the Attorney General of the commonwealth. Each appointing
authority shall have 30 days after approval by the Attorney General
to make its initial appointments.
