Article

To see if the Town will vote to amend the town bylaws by adding a new Chapter 14.04, Community Preservation Committee, pursuant to Massachusetts General Law Chapter 44B as follows:

Sections:

14.04.010 Establishment.

14.04.020 Duties

14.04.030 Requirement for a quorum and cost estimates

14.04.040 Amendments.

14.04.050 Severability

14.04.060 Effective Date

14.04.010 Establishment

There is hereby established a Community Preservation Committee (the Committee), consisting of seven (7) voting members pursuant to MGL C. 44B. The composition of the Committee, the appointment 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.

2- One member of the Historical Commission as designated by the Commission for a term of three years.

3- One member of the Planning Board as designated by the Planning Board for a term of three years.

4- One member of the Parks and Recreation Department as designated by the Town Manager for a term of three years.

5- One member of the Housing Authority as designated by the Authority for a term of three years.

6- One member of the Board of Selectmen or their designee as appointed by the Board of Selectmen for a term of three years.

7- One resident member appointed by the Board of Selectmen for a term of three years.

Should any of the Commissions, Boards, Councils, or Committees who have appointment authority under this Chapter be no longer in existence for what ever reason, the appointment authority for that Commission, Board, Council, or Committee shall become the Board of Selectmen.

14.04.020 Duties

(1). The 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 parks and recreation department 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 town.

(2). The 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 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 Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.

(3). The 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 (the Fund) to accomplish that specific purpose or to set 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 section 3 of the Community Preservation Act (the Act), the proceeds of which shall be deposited in the Fund. Bonds or notes so issued may be at such rates of interest as shall be necessary and shall be repaid as soon after such revenues are collected as is expedient. The Town shall make every effort to limit the administrative costs of issuing such bonds by cooperating with other cities and towns using methods including, but not limited to, common issuance of bonds or common retention of bond counsel. Except as otherwise provided in this chapter, bonds or notes issued pursuant to this section shall be subject to the applicable provisions of said Chapter 44. The maturities of each issue of bonds or notes issued under this chapter may be arranged so that for each issue the amounts payable in the several years for principal and interest combined shall be as nearly equal as practicable in the opinion of the officers authorized to issue bonds or notes or, in the alternative, in accordance with a schedule providing for a more rapid amortization of principal.

As provided in the Act, no expenditures shall be made from the Fund without the approval of Town Meeting.

(4) The Committee shall submit an annual administrative and operating budget for the Committee, which cannot exceed five percent (5%) of the annual revenues in the Fund, to Town Meeting for approval.

(5) The Committee shall provide a summarized report and explanation in the Annual Report in such a manner to give the citizens a fair and full understanding and methods of such expenditures.

14.04.030 Requirement for a quorum and cost estimates

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. Recommendations to the Town Meeting shall include their anticipated costs.

14.04.040 Amendments

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 said, Chapter 44B.

14.04.050 Severability

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.

14.04.060 Effective Date

This by-law shall take effect upon approval by the Attorney General of the Commonwealth, and after all requirements of M.G.L. c.40, S. 32 have been met. Each appointing authority shall have thirty days after approval by the Attorney General to make its initial appointments.

PLANNING BOARD

Executive Summary: The purpose of this bylaw is to establish a Community Preservation Committee pursuant to Massachusetts General Law Chapter 44B. This Committee will include seven members and will study the needs, possibilities and resources of the town regarding community preservation. The Committee shall make recommendations to Town Meeting for the expenditure of funds from the Community Preservation Fund for community preservation purposes.