Town of Rockland, MA Article XI Community Preservation Committee

[Adopted 5-1-2017 ATM, Art. 28]

§ 13-23 Establishment; membership.

A. There is hereby established a Community Preservation Committee, consisting of nine voting members pursuant to MGL c. 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 Planning Board (created by MGL c. 41, § 81A) as designated by the Board for a term of one year.

(2) One member of the Conservation Commission (created by MGL c. 40, § 8C) as designated by the Commission for a term of one year.

(3) One member of the Historical Commission (created by MGL c. 40, § 8D) as designated by the Commission for a term of two years.

(4) One member of the Park Commissioners (created by MGL c. 45, § 2) as designated by the Board for a term of two years.

(5) One member of the Housing Authority Board (created by MGL c. 121B, § 3) as designated by its Board of Directors for a term of one year.

(6) Four members at large to be appointed by the Rockland Board of Selectmen (three for a three-year term, one for a two-year term).

B. Any vacancy on the Community Preservation Committee shall be filled by the commission, authority or board that designated the member who creates the vacancy by designating another member in accordance with the above for the unexpired term.

C. Should any of the commissions, boards, councils or committees who have appointment authority under this section be no longer in existence for whatever reason, the appointment authority for that commission, board, council, or committee shall become the responsibility of the Board of Selectmen.

§ 13-24 Duties.

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 Board of Selectmen, the Conservation Commission, the Historical Commission, the Planning Board, the Parks Commissioners 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 at 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 with Community Preservation Funds. 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.

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 recommended action to set aside for later spending funds for general purposes that are consistent with community preservation.

§ 13-25 Requirement for quorum; cost estimates.

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 of the quorum. Recommendations to the Town Meeting shall include their anticipated costs.

§ 13-26 Amendments.

The Community Preservation Committee shall, from time to time, review the administration of this bylaw, making recommendations, as needed, for changes in the bylaw and in administrative practice to improve the operations of the Community Preservation Committee. 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 MGL c. 44B.

§ 13-27 Severability.

In case any section, paragraph or part of this article be for any reason declared invalid or unconstitutional by any court of last resort, every other section, paragraph or part shall continue in full force.

§ 13-28 When effective.

Following Town Meeting approval of this bylaw, 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.