[Adopted ATM 4-11-2005 by Art. 32, approved 5-5-2005]
There is hereby established a Community Preservation Committee, consisting of nine (9) voting members pursuant to the provisions of the so-called Modified Community Preservation Act (Chapter 149, sec. 298, of the Acts of 2004, "the Act"). The composition of the Committee, the appointing authority and term of office for the Committee members shall be as follows: one (1) member of the Conservation Commission as designated by said Commission; one (1) member of the Historical Commission as designated by said Commission; one (1) member of the Planning Board as designated by said Board; one (1) member of the Recreation Committee, as designated by said Committee; one (1) member of the Housing Authority as designated by said Authority; and four (4) members appointed by the Board of Selectmen. Each member of a board or committee shall serve for a term of three (3) years or until the person no longer serves in the position or on the board or committee as set forth above, whichever is earlier. Each individual member shall serve for a term of three (3) years. Should any of the officers and commissions, boards, or committees who have appointing authority under this article be no longer in existence for whatever reason, the Board of Selectmen shall appoint a suitable person to serve in their place. Any member of the Committee may be removed in accordance with § C7-2G of the Falmouth Home Rule Charter and the vacancy filled in accordance with this article.
Before the initial meeting of the Committee the Board of Selectmen shall designate three (3) members of the Committee to serve an initial one-year term, three (3) members to serve an initial two-year term and three (3) members to serve an initial three-year term. Thereafter all terms shall be for a full three-year period.
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, the Department of Public Works, and the Housing Authority, or person acting in those capacities or performing like duties, in conducting such studies. As part of its study, the Committee shall hold one annual public informational hearing, or more at its discretion, on the needs, possibilities and resources, notice of which shall be posted publicly and published for each of two (2) weeks preceding a hearing in a newspaper of general circulation in the Town.
The Community Preservation Committee shall make recommendations to the Town Meeting for the acquisition, creation and preservation of open space, for the acquisition and preservation 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, historic resources, land for recreation 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 and provisions of this article, 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 shall recommend, subject to compliance with Sections 1(g) and 1(h) of the Act, an amount not to exceed five percent (5%) of annual revenues be set aside for Committee expenses and, as to the remaining annual revenues in the Community Preservation Fund, that the legislative body spend, or set aside for later spending:
An amount necessary to cover the debt service on debt incurred pursuant to the Cape Cod Open Space Land Acquisition Program, if any;
At least ten percent (10%) for open space (excluding recreational use); provided, however, that any amounts appropriated under Subsection A(1) above qualify toward meeting this ten-percent requirement;
At least ten percent (10%) for historic resources; and
At least ten percent (10%) for affordable housing.
In the event the funds necessary to cover the debt service in Subsection A(1) above exceeds eighty percent (80%) of annual revenue, then, in that fiscal year, the spending requirements for historic resources Subsection A(3) and affordable housing Subsection A(4) shall be met by appropriating or reserving one-half (1/2) of the remaining revenues for each of those purposes.
The Community Preservation Committee shall comply with the provisions of the Open Meeting Law, MGL c. 39, § 23B. The Committee shall not meet or conduct business without the presence of a majority of the members of the Community Preservation Committee. The Community Preservation Committee shall approve its actions by majority vote.
Recommendations to the Town Meeting shall include the Committee's anticipated costs.
In case any section, paragraph or part of this article is for any reason declared invalid or unconstitutional by any court, every other section, paragraph or part shall continue in full force and effect.
Provided that the Community Preservation Act (Chapter 149 sec. 298 of 2004) is accepted at the 2005 Town election, this article shall take effect upon approval by the Attorney General of the Commonwealth and after all requirements of MGL. c. 40, § 32, have been met. Each appointing authority shall have thirty (30) days after the effective date to make its appointments.
The Community Preservation Committee shall make a report to the Town on an annual basis for inclusion in the Town's annual report.