[HISTORY: Adopted by the Special Town Meeting of the Town
of Harwich 12-13-2004 by Art. 2. Amendments noted where applicable.]
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 designating authority and the term of office for
the Committee members shall be as follows:
(1)
One member of the Conservation Commission as designated by the Commission
for a term of three years.
(2)
One member of the Historical Commission as designated by the Commission
for a term of three years.
(3)
One member of the Planning Board as designated by the Board for a
term of three years.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
B.
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.
C.
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.
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 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.
B.
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.
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 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.
D.
As provided in the Massachusetts Community Preservation Act, no expenditures
shall be made from the Community Preservation Fund without the approval
of Town Meeting.
E.
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.
