[HISTORY: Adopted by the Special Town Meeting
of the Town of Belchertown 12-5-2005 by Art. 6. Amendments noted where applicable.]
A.
There is hereby established a Community Preservation
Committee, consisting of nine voting members pursuant to MGL c. 44B,
§ 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 the Commission for a term of three years and thereafter for a term
of three years.
(2)
One member of the Historical Commission as designated
by the Commission for a term of three years and thereafter for a term
of three years.
(3)
One member of the Planning Board as designated by
the Board for an initial term of two years and thereafter for a term
of three years.
(4)
One member of the Recreation Commission as designated
by the Commission for an initial term of two years 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 one year and thereafter for
a term of three years.
(6)
Four at-large members to be appointed by the Select
Board, two of which to be appointed for a term of one year and thereafter
for a term of three years, one of which to be appointed for a term
of two years and thereafter for a term of three years, and one of
which to be appointed for a term of three years and thereafter for
a term of three years.
B.
Each member of the Committee shall serve for a term
of three years or until the person no longer serves on the Commission,
Board, or Authority as set forth above, whichever is earlier. The
initial appointment will end on June 30th of the last year of the
appointment. Thereafter, terms shall run from July 1st through June
30th of the last year of the term.
C.
Should any of the municipal agencies that have appointment
authority under this chapter be no longer in existence for whatever
reason, the appointment authority for that Commission, Board, or Authority
shall become the responsibility of the Select Board.
D.
All members shall serve without compensation. The
Committee shall elect annually a Chairman, Vice Chairman, and Clerk
from its own number.
E.
Any member of the Committee may be removed for cause
by his or her respective appointing authority after a hearing conducted
by such appointing authority.
F.
Vacancies shall be filled by the appointing authority
within 30 days by appointment for the unexpired term.
A.
The Community Preservation Committee shall comply
with the provisions of the Open Meeting Law (MGL c. 39, §§ 23A—23C).
B.
The 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.
C.
Recommendations by the Committee to the Town Meeting
shall include the anticipated costs of any such recommendations.
A.
Duties. The Committee shall evaluate the community
preservation needs of the Town and make recommendations to the Annual
Town Meeting as part of the annual budget process.
B.
Annual needs study. The Committee shall study the
community preservation needs, possibilities, and resources of the
Town, consulting with various Town agencies, particularly those represented
on the Committee. It shall develop a community preservation program
and financial plan for the Town. The program shall identify both long-term
and short-term goals and needs, set criteria for evaluating proposed
acquisitions and initiatives, prioritize projects and estimate their
costs. The financial plan shall include a multi-year revenue and expenditure
forecast and identify the fund or other Town financing source for
each proposed project. The program and financial plan shall be reviewed
and updated annually to reflect changes in the Town's needs, priorities
and resources.
C.
Requirement for public hearing. The Committee shall
annually hold at least one public informational hearing. Notice of
the annual hearing must be posted at least two weeks before the hearing
date, and the Committee must publish a hearing notice in a newspaper
of general circulation in the Town for each of the two weeks before
the hearing date.
D.
Annual recommendations and budget.
(1)
Each year the Committee shall make recommendations
to the Annual Town Meeting for funding community preservation acquisitions
and initiatives in conformity with MGL c. 44B, for the acquisition,
creation and preservation of open space; for the acquisition, preservation,
restoration and rehabilitation 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 rehabilitation
or restoration of such 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 Committee shall recommend, wherever
possible, the reuse of existing buildings or construction of new buildings
on previously developed sites.
(2)
In every fiscal year, the Community Preservation Committee
shall 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 each of the following purposes:
(3)
The community preservation budget shall include the
Committee's revenue projections for the fiscal year and identify all
expenditures the Committee proposes funding with Community Preservation
Fund sources, including Committee administrative and operating expenses,
debt service, and any other existing or ongoing obligations.
E.
Reservation of funds. The Committee may include in
its recommendation to the Annual Town Meeting a recommendation to
set aside for later spending funds for specific purposes that are
consistent with community preservation but for which sufficient funds
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.
F.
Additional recommendations. Throughout the year, the
Committee may make additional recommendations on acquisitions and
initiatives to the extent that funds are available to support them.
The Town Meeting may make appropriations from
or reservations of community preservation funds in the amount recommended
by the Committee or it may reduce or reject any recommended amount.
It may also vote to reserve all or part of the annual revenues recommended
by the Committee for appropriation for specific acquisitions or initiatives
for later appropriation by allocating funds to the reserve for that
category of expenditures. The Town Meeting may not increase any recommended
appropriation or reservation, and it may not appropriate or reserve
any fund monies on its own initiative without a prior recommendation
by the Committee.
The Committee must maintain records relating
to the use of the Community Preservation Fund (MGL c. 44B, § 13).
These records are subject to disclosure as public records (MGL c.
66, § 10).
A.
Recommendations. The Committee shall keep a full and
accurate account of all of its actions, including recommendations
to the Town Meeting and the specific action taken on them.
B.
Expenditures. The Committee shall track all appropriations
and expenditures made from the Fund and periodically monitor spending
from the Fund and review the status of its budget.
C.
Property interests. The Committee shall maintain an
inventory of all real property interests acquired, disposed of, or
improved by the Town after recommendation of the Committee. The inventory
shall contain, at a minimum, the names and addresses of the grantors
and grantees, the amount of consideration, and all relevant action
dates, and shall reference all documents related to acquisitions,
dispositions, and improvements, such as purchase and sale agreements
and deeds.
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 be 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.
A.
Following Town Meeting approval, this chapter shall
take effect immediately upon approval by the Attorney General of the
Commonwealth and compliance with all bylaw approval procedures under
MGL c. 40, § 32.
B.
Each appointing authority shall have 30 days after
approval by the Attorney General to make its initial appointment.
