[Adopted 8-18-2008 STM by Art. 4]
A. 
In accordance with Massachusetts General Laws, Chapter 44B, known as the "The Community Preservation Act", there is hereby established a Community Preservation Committee (the "Committee") consisting of nine members. The composition of the Committee, the methods of appointment of the members and the terms of office of the members of the Committee shall be as follows:
(1) 
One member of the Conservation Commission, as designated by that Commission, for a term of one year;
(2) 
One member of the Historical Commission, as designated by that Commission, for a term of one year;
(3) 
One member of the Planning Board, as designated by that Board, for a term of one year;
(4) 
One member of the Parks Commission as designated by that Commission, for a term of one year;
(5) 
One member of the Housing Authority as designated by that Authority, for a term of one year;
(6) 
One member of the Advisory and Finance Board as designated by that Authority, for a term of one year;
Each such constituent Board or Commission shall advise the Board of Selectmen in writing of its designation as aforesaid, and the Board of Selectmen shall in turn file with the Town Clerk due notification of all designations and appointments to the Committee.
(7) 
An additional three members, at large, to be elected, one to be elected for an initial term of one year and thereafter for a term of three years, one member to be elected for an initial term of two years and thereafter for a term of three years, and the other to be elected for a term of three years.
B. 
In the event a vacancy should arise in an at large seat, the permanent committee shall make a recommendation to the Board of Selectmen to serve the balance of the unexpired term. In the case of a vacancy involving one of the official board, commission or committee members, said vacancy shall be filled by the appointment of another member of such board, commission or committee. The vacancy shall be filled by appointment within 30 days of such vacancy. Should such board, commission or committee fail to do so, then the Selectmen shall fill the vacancy by appointment of an individual from said board, commission or committee when seat is vacant. In the event of the inability or failure of any member of the Committee to discharge his or her duties as a Committee member hereunder, a written finding by the Board of Selectmen of such fact filed with the Town Clerk shall be conclusive proof of a vacancy in regard to such position.
A. 
The Committee shall study the needs, possibilities and resources of the Town regarding community preservation. The Committee shall consult with existing Town boards, including the Conservation Commission, the Historical Commission, the Planning Board, the Housing Authority, the Open Space Acquisition Committee if the Town should establish one, or groups or persons acting in those capacities or performing like duties, in conducting such studies; and the Committee may consult with other Town boards or agencies, or independent groups as it shall in its discretion deem advisable. As a 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 such hearing in a newspaper of general circulation in the Town.
B. 
The 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 and preservation of land for recreational use; for the creation, preservation and support of community housing; for the rehabilitation or restoration of such open space, land for recreational use and community housing that is acquired or created as provided in the Community Preservation Act; and for any other lawful activities or expenditures that may become possible by reason of amendment of the Community Preservation Act.
C. 
The Committee may include in its recommendation to 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 Committee shall not meet or conduct business without the presence of a quorum. A majority of the members of the Committee shall constitute a quorum. The Committee shall approve its actions by majority vote of those members then present.
This Bylaw may be amended from time to time by a majority vote of Town Meeting, provided that no such amendment may cause this Bylaw to be in legal conflict with the Community Preservation Act.
In case any section, paragraph or other part of this Bylaw shall be for any reason declared invalid, unlawful or unconstitutional by any court of competent jurisdiction, every other section, paragraph and part hereof shall continue in full force and effect insofar as lawfully feasible.
This Article shall take effect immediately upon vote of the Town enacting the CPA and approval of the Attorney General of the Commonwealth and due publication as required by applicable law. Election of those members who are to be elected shall occur at the next Town election subsequent to the vote of the Town enacting the CPA. The individual with the highest vote tally shall be elected to the three year term, the second highest to the two year term and the third highest to the one year term. After the initial election, all at large members shall serve terms of three years each. Within 30 days of approval, each of the authorities designated in § 7-29 shall after such approval, make its designation known to the Board of Selectmen in writing, deemed a lawful and sufficient designation.