[Adopted 10-1-2007 STM, Art. 1]
A.
There is hereby established a Community Preservation
Committee, consisting of nine voting members pursuant to the provisions
of G.L., c. 44B, Section 5. The composition of the committee, the
appointing authority and the term of office for the committee members
shall be as follows:
(1)
One member of the Conservation Commission as designated
by said Commission;
(2)
One member of the Historical Commission as designated
by said Commission;
(3)
One member of the Planning Board as designated by
said Board;
(4)
One member of the Recreation Committee as designated
by the Committee;
(5)
One member of the Regional Housing Authority, who
is a resident of Deerfield, as designated by said Authority;
(6)
One member of the Open Space Committee as designated
by said Committee; and
(7)
One member of the Board of Assessors as designated
by said Board;
(8)
One resident to be appointed by the Moderator; and
(9)
One resident to be appointed by the Selectboard.
[Amended 6-12-2021 ATM by Art. 15]
B.
The term for the first appointed and designated Community
Preservation Committee members shall begin on January 1, 2008, or
the effective date of this bylaw, whichever is later, and shall end
on June 30, 2008. Thereafter, each member of the committee shall serve
for a term of one year or until the person no longer serves in the
position or on the board or committee as set forth above, whichever
is earlier. Should any of the officers and commissions, boards, or
committees who have appointing authority under this bylaw be no longer
in existence for whatever reason, the Selectboard shall appoint a
suitable person to serve in their place.
[Amended 6-12-2021 ATM by Art. 15]
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 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 city or 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 acquisition,
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 funds for
general purposes that are consistent with community preservation.
In every fiscal year, the Community Preservation
Committee must recommend either that the Town Meeting spend, or set
aside for later spending, not less than 10% of the annual revenues
in the Community Preservation Fund for open space (not including land
for recreational use), not less than 10% of the annual revenues in
the Community Preservation Fund for historic resources; and not less
than 10% of the annual revenues in the Community Preservation Fund
for community housing.
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.
A.
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.
The first review shall be completed no later than January 1, 2011,
and subsequent reviews shall be completed in no more than five-year
intervals.
B.
This bylaw may be amended from time to time by a majority
vote of the Town Meeting, consistent with the provisions of G.L. c.44B.
In case any section, paragraph or part of this
bylaw is for any reason declared invalid or unconstitutional by any
court, every other section, paragraph or part shall continue in full
force and effect.
This bylaw shall take effect upon approval by
the Attorney General of the Commonwealth and after all requirements
of MGL c. 40, section 32 have been met. Each appointing authority
shall have 30 days after the effective date to make its appointments.
