[HISTORY: Adopted by the Town Meeting of the Town of Plainville
6-3-2019 ATM by Art. 21. Amendments noted where applicable.]
A.
There is hereby established a Community Preservation Committee ("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 Planning Board (created by MGL c. 41, § 81a)
as designated by the Board for an initial term of one year and subsequent
terms of three years.
(2)
One member of the Conservation Commission (created by MGL c. 40,
§ 8C) as designated by the Commission for an initial term
of two years and subsequent terms of three years.
(3)
One member of the Historical Commission (created by MGL c. 40, § 8D)
as designated by the Commission for a term of three years.
(4)
One member of the Park Commissioners (created by MGL c. 45, § 2)
as designated by the Board for an initial term of one year and subsequent
terms of three years.
(5)
One member of the Housing Authority Board (created by MGL c. 121B,
§ 3) as designated by its Board of Directors for an initial
term of two years and subsequent terms of three years.
(6)
One member of the Open Space and Recreation Committee (created by
the Board of Selectmen) for a term of three years.
(7)
One member of the Board of Health (created by MGL c. 111, § 26)
as designated by the Board for an initial term of one year and subsequent
terms of three years.
(8)
One member of the general public who does not concurrently hold elected
or appointed office, nor concurrently serve as a municipal employee,
to be appointed by the Board of Selectmen for an initial term of two
years and subsequent terms of three years.
(9)
One member of the general public who does not concurrently hold elected
or appointed office, nor concurrently serve as a municipal employee,
to be appointed by the Board of Selectmen for a term of three years.
B.
Any vacancy on the Committee, whether arising by resignation or expiration
of term or otherwise, shall be filled for the remainder of the unexpired
term by the commission, authority or board that designated or appointed
the member.
C.
Should any of the entities who have appointment authority under this
bylaw be no longer in existence for whatever reason, the appointment
authority for that entity shall become the responsibility of the Board
of Selectmen.
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 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.
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.
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
Chapter 44B of the Massachusetts General Laws.
In case any section, paragraph or part of this chapter 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 and effect.
Each appointing authority shall have 30 days after approval
by the Attorney General to make their initial appointments.
