[HISTORY: Adopted by the Town of Camden 6-10-2009. Amendments noted where applicable.]
The purpose of this chapter is to provide an orderly method
for receiving conditional gifts, authorizing the Select Board to accept
such gifts, and to provide a method for perpetual or limited-term
compliance with the terms of all conditional gifts accepted by the
Town of Camden. This chapter is adopted pursuant to 30-A M.R.S.A.
§ 5654 relating to acceptance of conditional gifts, so as
to promote the general health and welfare of the people of Camden
through investment and betterment of public land, buildings and facilities
used and enjoyed by the public.
It is hereby found by the inhabitants of the Town of Camden
that there exists a need to provide a mechanism for acceptance of
conditional gifts as are offered to the Town of Camden from time to
time. The conditional gifts can take the form of tangible or intangible
property. The inhabitants of the Town of Camden hereby find that in
order to adopt a more efficient and orderly process of acceptance
of conditional gifts in certain circumstances as described herein,
the inhabitants of the Town of Camden hereby delegate all authority
of the municipality to accept conditional gifts as referenced in 30-A
M.R.S.A. § 5654, as amended from time to time, to the Camden
Select Board.
In the event that the Select Board determines, after notice
and public hearing, that the Town wishes to engage in solicitation
of conditional gifts related to donations for development of public
lands, infrastructure, fixtures, buildings or parks, the Select Board
may proceed as follows:
A.
Develop a scheme of gift or naming opportunity categories, based
on a predetermined level of giving, and adopt such a scheme through
a set schedule;
B.
After adoption, the scheme and schedule shall be made available to
the public and posted on the Town's official website;
C.
After initial adoption, said scheme and/or schedule may be amended
from time to time as an agenda item during any duly noticed Select
Board meeting;
D.
The terms of conditional gifting may include certain naming opportunities
related to improvements on property owned by the Town of Camden or
property over which the Town of Camden has rights of public access
and use. The naming opportunity may include fixtures, improvements,
betterments, portions or particular architectural aspects of buildings
such as particular rooms, meeting areas, other particularized facilities,
as well as buildings themselves; and
E.
Any such scheme relating to conditional gift solicitation shall include
a detailed outline of the terms and conditions of gifting, including
the duration of the naming opportunity. A naming opportunity shall
not exceed a period of 50 years.
When the Select Board receives a written notice from a prospective
donor or a representative regarding a proposed conditional gift, the
Select Board shall proceed as follows:
A.
Submit the matter to public hearing to receive input from the community.
Input from the community may include, but not be limited to, comment
relating to the amount and scope of the gift received, the type of
conditions that should be attached to it, the duration of the conditions
of the gift and any other related comment and/or suggestions. The
Select Board shall be required to consider such comments from the
public, but at all times the Select Board shall retain independent
discretion to accept the gift and any naming opportunity and/or other
conditions associated with said prospective gift.
B.
Notice of the hearing shall be provided in a newspaper of general
circulation in the Camden area and provide for seven days' notice
prior to hearing. The caption of the notice shall read as follows:
"Consideration of conditional gift to the Town of Camden from (name
of prospective donor)." The notice shall indicate the general conditions
associated with the proposed gift as written by the prospective donor
and indicate that the Select Board may or may not accept the conditions
and/or may impose other conditions prior to final acceptance.
A.
After the date upon which any conditional monetary gift, shares,
bonds or other investment accounts are received by the Town of Camden,
but prior to the actual disposition of the money for the intended
conditional gift, such as during a construction period prior to completion
of a project, the Select Board may deposit or invest said conditional
gift.
B.
The Select Board may enter into agreement with any financial institution
with trust powers authorized to do business in the State of Maine
for the safekeeping of reserve funds as defined in 30-A M.R.S.A. § 5801,
or trust funds as defined by 30-A M.R.S.A. § 5653, of the
municipality; and at all times shall comply with 30-A M.R.S.A. § 5706,
as amended from time to time, regarding municipal deposit or investment
of funds.
A.
Gifts, testamentary or inter vivos trusts naming the inhabitants
of the Town of Camden as beneficiaries shall not be subject to this
chapter so long as there is no condition of acceptance stated in the
proposed gift or trust which would obligate the Town of Camden to
incur liabilities or convey any right, title or interest in any Town
asset or Town property. It is intended that acceptance of such traditional
unconditional gifts and trusts will be considered through an article
in the annual Town warrant.
B.
Town-owned historic buildings/structures/objects included within
the Camden Historic Districts as depicted in the Camden Historic Area
Overlay Map approved at the Camden Annual Town Meeting on June 28,
2007, and buildings/structures/objects listed on any state or federal
register of historic places shall be exempt from and not subject to
this chapter.
C.
No conditional gift may be accepted which requires any form of naming,
recognition or representation of any religious or political symbols
or affiliation.
This chapter will become effective pursuant to the time frames
provided in the Charter of the Town of Camden.
