CHAPTER 7
Attorney
as School Bargaining Representative. The
Town does authorize the school committee, in accordance with
General Laws Chapter 149, Section 1781 as amended by Chapter 633 of the Acts
of 1968, to designate an attorney
as a representative of the school committee for the purpose of bargaining with
employee organizations for school employees.
Article
8.1.1 Community Preservation Committee
Membership
of the Committee: There
is hereby established a Community Preservation Committee consisting of nine
(9) voting members pursuant to the provisions of G.L., c.44B, §5.
The composition of the committee, the appointing
authority and the term of office for the committee members shall be as
follows: one member of the Conservation
Commission as designated by said Commission; one member of the Historical
Commission as designated by said
Commission; one member of the Planning Board as designated by said Board; one
member of the Recreation
Committee, as designated by the Committee; one member of the Housing Authority
as designated by said Authority;
and four members as designated by the Open Space Committee. Each member of the
Committee shall serve for a
term of three years 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 by-law be no longer in existence for whatever reason, the
Board of Selectmen shall appoint a
suitable person to serve in their place.
Duties: 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 department of
public works, 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 annual public informational hearing, or more at its
discretion, 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.
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
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
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 legislative body spend,
or set aside for later spending, not less than 70% 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.
Requirement for a Quorum and Cost Estimates.
The community preservation committee shall comply with the
provisions of the Open Meeting Law, G.L. c.39, §23B.
The committee shall not meet or conduct business without
the presence of a majority of the members of the community preservation.
The community preservation committee
shall approve its actions by majority vote.
Recommendations to the Town Meeting shall include the committee’s
anticipated costs.
Amendments.
This by-law may be amended from time to time by a majority vote of the Town
Meeting, consistent
with the provisions of G.L. c.44B.
Severability. In case any section, paragraph or part of this
by-law is for any reason declared invalid or
unconstitutional by any court, every other section, paragraph or part shall
continue in full force and effect.
When Effective. Provided that the Community Preservation Act, MGL c.
44B, is accepted at the 2005 Annual Town
election, this section 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 thirty (30) days after
the effective date to make its appointments.
*
Approved at the November 8, 2004 STM