[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]
The Town of Middleborough hereby establishes a Community Preservation
Committee consisting of nine voting members pursuant to MGL c. 44B,
§ 5. The composition of the Committee, the appointing authority
and the term of office for the Committee members shall be as follows:
one member of the Conservation Commission as designated by the Commission
for a term of three years; one member of the Historical Commission
as designated by the Commission for a term of three years; one member
of the Housing Authority as designated by the Authority for a term
of three years; 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; one member of the Park Commission as designated by
the Commission for an initial term of one year and thereafter for
a term of three years; two at-large members to be appointed for a
term of two years and thereafter for a term of three years; two at-large
members to be appointed for a term of one year and thereafter for
terms of three years. The initial four at-large members shall be appointed
by majority vote during a joint meeting of the statutory members of
the Community Preservation Committee and the Board of Selectmen. Further,
prior to this joint meeting, the Board and the Committee shall each
receive the applications of interested persons and may interview the
applicants. Thereafter, the appointment of at-large members shall
be by majority vote during a joint meeting of the Board of Selectmen
and all members of the Community Preservation Committee. Notwithstanding
the terms of office set forth above, in the event that a person no
longer serves in the position or on the commission, board or authority
designated above, such person shall be deemed to have vacated his
or her position on the Community Preservation Committee. Should any
of the commissions or boards which have appointing authority under
this section be no longer in existence for whatever reason, the appointing
authority for that commission, board or authority shall become the
responsibility of the Board of Selectmen.
The Community Preservation Committee carries out responsibilities
outlined in MGL c. 44B and other applicable state law.
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 be in
conflict with Chapter 44B of the Massachusetts General Laws.
In case any section, paragraph or part of this bylaw is for
any reason declared invalid or unconstitutional by any court of last
resort, every other section, paragraph or part shall continue in full
force and effect.
Following Town Meeting approval, this bylaw shall take effect
under and pursuant to the procedures and requirements of MGL c. 40,
§ 32. Each designating and appointing authority shall have
30 days after the bylaw takes effect to make its initial appointments.
