[HISTORY: Adopted by the Town Meeting of the Town of Wrentham 11-14-2016 STM by Art. 18 (Art. 7.110
of the 2013 Bylaws). Amendments noted where applicable.]
Under the provisions of the Massachusetts Community Preservation
Act (MGL c. 44B, §§ 3 through 7, inclusive), there
is hereby established in the Town of Wrentham a committee to be known
as the "Community Preservation Committee".
A.
Such Committee shall consist of nine members as described below:
(1)
One member of the Conservation Commission established under Chapter 205 of the bylaws, as designated by that commission.
(2)
One member of the Historical Commission established under MGL c.
40, § 8D, as designated by that commission.
(3)
One member of the Planning Board established under MGL c. 41, § 81A
and Article 3, Section 3.7, of the Charter of the Town of Wrentham,
as designated by that board.
(4)
One member of the Board of Park Commissioners established under MGL
c. 45, § 2, as designated by the Select Board in its role
as the Board of Park Commissioners.
[Amended 11-21-2022 STM by Art. 2]
(5)
One member of the Housing Authority established under MGL c. 121B,
§ 3 and Article 3, Section 3.10, of the Charter of the Town
of Wrentham, as designated by that authority.
(6)
One member of the Open Space Committee established under Chapter 190 of these bylaws, as designated by that committee.
(7)
One member of the Recreation Commission established under Chapter 205 of these bylaws, as designated by that committee.
[Amended 11-14-2019 STM by Art.
20]
(8)
Two at-large citizen members, who shall not be paid employees of
the Town nor members of any Town body which designates or appoints
members to this Committee, appointed by the Select Board.
[Amended 11-21-2022 STM by Art. 2]
B.
The designees of the above-listed municipal entities shall be appointed
forthwith to the Committee by the Select Board.
[Amended 11-21-2022 STM by Art. 2]
(1)
All terms shall expire on June 30. Each Committee member's term shall
be for three years, except for the Committee's initial appointments,
which shall be as stated below, so as to have an equal number of terms
expiring each year:
(a)
The initial appointment of the Conservation Commission member,
the Historical Commission member and the Planning Board member shall
each be for three years.
(b)
The initial appointment of the Board of Park Commissioners member,
the Housing Authority member and one at-large citizen member shall
each be for two years.
(c)
The initial appointment of the Open Space Committee member,
the Recreation Committee member and one at-large citizen member shall
each be for one year.
(2)
The initial appointments of the Committee shall be made in accordance with § 120-5 of this bylaw. The tenure of any initial term beginning less than 180 days prior to June 30 shall be calculated as if starting on July 1, so that, for example, a member appointed in April for an initial one-year term may serve that term until June 30 of the following year.
(3)
At the initial appointment, the Select Board shall assign to one
Committee member the responsibility to call the Committee to its initial
meeting.
(4)
If a designating body's member leaves the Committee for any reason,
the designating body shall within 30 days submit to the Select Board
the name of one of its members as a replacement to serve for the remainder
of the unexpired term. The Select Board shall forthwith appoint the
replacement to the Committee. The Select Board shall similarly appoint
a replacement for a departing at-large citizen member to serve the
remainder of that member's unexpired term.
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 Board
of Park Commissioners, the Open Space Committee, the Recreation Committee[1] and the Housing Authority. As part of its study, the Committee
shall hold one or more public informational hearings each year 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 the two weeks preceding
a hearing in a newspaper of general circulation in Wrentham.
[1]
Editor's Note: Now the Recreation Commission.
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 property 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 as provided in this section. With
respect to community housing, the Committee shall recommend, wherever
possible, the reuse of existing buildings or construction of new buildings
on previously developed sites.
(1)
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 funds
aside for later spending for general purposes that are consistent
with community preservation. The Committee may recommend the issuance
of general obligation bonds or notes in anticipation of revenues to
be raised pursuant to the Massachusetts Community Preservation Act.
(2)
In every fiscal year, the Community Preservation Committee shall
recommend, in accordance with MGL Chapter 44B, either that Town Meeting
spend, or set aside for later spending, not less than 10% of the annual
revenues of the Town's Community Preservation Fund in each of the
following areas:
(3)
No expenditures shall be made from the Community Preservation Fund
without the approval of Town Meeting. Town Meeting may not appropriate
or reserve any Community Preservation Fund monies on its own initiative
without a prior recommendation by the Committee. Town Meeting may,
however, approve such additional non-Fund appropriations as it deems
appropriate to carry out the recommendation of the Committee. Subject
to and without limitation of the foregoing, in performing the duties
and responsibilities of the legislative body as set forth in the Community
Preservation Act, Town Meeting shall, in its sole and absolute discretion,
have the power and authority to accept, reject or modify, in whole
or in part, any recommendation by the Community Preservation Committee.
(4)
The Community Preservation Committee shall submit a recommendation
for Town Meeting approval for annual administrative and operating
expenses for the Committee, in an amount not to exceed 5% of the annual
revenues of the Community Preservation Fund.
(5)
The Committee shall comply with the provision of the Open Meeting
Law (MGL c. 39, § 23B[2]). The Committee shall keep a full and accurate account
of all of its actions, including its recommendations and the action
taken on them, and records of all appropriations or expenditures made
from the Community Preservation Fund. The records of the Committee
shall be public records, to the full extent provided by law.
[2]
Editor's Note: MGL c. 39, § 23B has been repealed.
See now the Open Meeting Law in MGL c. 30A, §§ 18 through
25.
The Community Preservation 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 the quorum. Recommendations to Town
Meeting shall include anticipated costs of the proposed appropriation
and a description of the project.
This bylaw may be amended from time to time by a majority vote
of Town Meeting, provided that such amendment would not cause a conflict
to occur with MGL Chapter 44B.
In case any section, paragraph or part of this bylaw 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.
[Amended 11-21-2022 STM by Art. 2]
This bylaw shall take effect after all requirements of MGL c.
40, § 32 have been met, including approval by the Attorney
General of the Commonwealth, and the acceptance of MGL c. 44B, §§ 3
through 7, inclusive, by the Town at a Town-wide election. Each designating
body shall make its initial designation within 60 days after the later
of approval of this bylaw by the Attorney General or acceptance of
MGL c. 44B, §§ 3 through 7, inclusive, at a Town-wide
election. The Select Board shall appoint said designees and the citizen
members at-large within 90 days after the later of approval of this
bylaw by the Attorney General or acceptance of MGL c. 44B, §§ 3
through 7, inclusive, at a Town-wide election.
