[HISTORY: Adopted by the Special Town Meeting of the Town of Harwich 12-13-2004 by Art. 2. Amendments noted where applicable.]
There is hereby established a Community Preservation Committee, consisting of nine voting members pursuant to MGL c. 44B. The composition of the Committee, the designating 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 Planning Board as designated by the Board for a term of three years.
One member of the Youth and Recreation Commission as designated by the Commission for an initial term of one year and thereafter for a term of three years.
One member of the Housing Authority as designated by the Authority for an initial term of two years and thereafter for a term of three years.
One member of the Real Estate and Open Space Committee as designated by the Committee for an initial term of one year and thereafter for a term of three years.
One member of the Housing Committee as designated by the Committee for an initial term of two years and thereafter for a term of three years.
Two members to be appointed by the Board of Selectmen, one member to be appointed for a term of one year and thereafter for a term of three years and one member to be appointed for a term of two years and thereafter for a term of three years.
After the above named commissions, boards, and committees have designated their members, the Board of Selectmen shall confirm their appointment as members of the Community Preservation Committee. Membership on the Community Preservation Committee of those members designated by any of the above-named Town agencies is contingent on the member's continued service on the designating body.
Should any of the commissions, boards, or committees who have designating authority under this section be no longer in existence for whatever reason, the designating authority for that commission, board, or committee shall become the responsibility of the Board of Selectmen.
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 Conservation Commission, the Historical Commission, the Planning Board, the Youth and Recreation Commission, the Real Estate and Open Space Committee 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 Community Preservation Committee shall make recommendations to the 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; and for the rehabilitation or restoration of open space, land for recreational use and community housing that is acquired or created as provided in this section. 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.
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 to set aside for later spending for general purposes that are consistent with community preservation. The Community Preservation Committee may recommend the issuance of general obligation bonds or notes in anticipation of revenues to be raised pursuant to Section 3 of the Act, the proceeds of which shall be deposited in the Community Preservation Fund. Bonds or notes so issued may be at such rates of interest as shall be necessary and shall be repaid as soon after such revenues are collected as is expedient. The Town shall make every effort to limit the administrative costs of issuing such bonds by cooperating with other cities and towns using methods, including, but not limited to, common issuance of bonds or common retention of bond counsel. Except as otherwise provided in this section, bonds or notes issued pursuant to this section shall be subject to the applicable provisions of MGL c. 44B. The maturities of each issue of bonds or notes issued under this section may be arranged so that for each issue the amounts payable in the several years for principal and interest combined shall be as nearly equal as practicable in the opinion of the officers authorized to issue bonds or notes or, in the alternative, in accordance with a schedule providing for a more rapid amortization of principal.
As provided in the Massachusetts Community Preservation Act, no expenditures shall be made from the Community Preservation Fund without the approval of Town Meeting.
The Community Preservation Committee may submit an annual administrative and operating budget for the Community Preservation Committee, which cannot exceed 5% of the annual revenues in the Community Preservation Fund, to Town Meeting for approval.
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 chapter may be amended from time to time by a majority vote of the Town Meeting, provided that the amendments would not cause a conflict to occur with MGL, c. 44B.
In case any section, paragraph or part of this chapter 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.
This chapter shall take effect upon approval by the Attorney General of the Commonwealth, after all requirements of MGL c. 40 § 32, have been met, and after the modified Community Preservation Act has been approved at our regular Town Election. Each designating authority shall have 30 days after approval of the modified Community Preservation Act to make their initial designations.