[HISTORY: Adopted by the Town of Ashland 10-16-2002 ATM, Art.
4. Amendments noted where applicable.]
GENERAL REFERENCES
Historical Commission — See Ch. 31.
Pursuant to Massachusetts General Laws, Chapter
44B, there is hereby established a Community Preservation Committee
(the "Committee") comprised of seven (7) members appointed as described
below and serving such terms as are prescribed herein.
[Amended 5-11-2005 ATM, Art. 14]
The Community Preservation Committee shall be
comprised of the following members:
a.
one member of the Ashland Conservation Commission
designated by the Commission;
b.
one member of the Ashland Historical Commission designated
by the Commission;
c.
one member of the Ashland Planning Board designated
by the Board;
d.
one member of the Ashland Housing Authority designated
by the Authority;
e.
one member of the Ashland Open Space and Recreation
Committee designated by the Committee; and four members shall be voters
in the Town of Ashland who hold no appointed or elected office identified
above, nor are employees of the town, and shall be appointed At-Large
by the Select Board.
Any member of the Committee may, after a public
hearing before the Commission, Board or Authority which appointed
the said member, be removed for cause by a majority vote of such Commission,
Board or Authority.
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Editor’s Note: This article also repealed former Subsections
f. and g., which immediately followed.
[Amended 5-11-2005 ATM, Art. 14; 5-4-2016 ATM, Art. 13]
Each member of the Community Preservation Committee shall serve
a term of three (3) years, expiring on August 31st, or until the person no longer serves in the position or on the
board or committee as set forth above, whichever is earlier. A member
may be reappointed for one successive term (not to exceed a total
of 6 years), so long as the person remains a member of the respective
Board, Commission, or Authority. If said member resigns from the designating
Board, Commission or Authority, the member's term on the Committee
shall be co-terminus.
At-Large members shall be appointed to the following initial
terms: One (1) for a one year term, two (2) for two-year terms, and
one (1) for a three-year term. All subsequent terms shall be for three
years. Appointees shall serve three-year terms. There shall be a limit
of two consecutive terms served by any individual. All other members
shall serve a term determined by their designating bodies, not to
exceed six years. All members, At-Large and otherwise, are eligible
for reappointment per the terms identified herein. Should any appointing
or designating authority fail to appoint a successor to a CPC member
whose term is expiring, such member may continue to serve until the
relevant authority names a successor. No At-Large or other member
of the Community Preservation Committee shall serve more than six
consecutive years at a time. A waiting period of one year shall be
imposed on any member of the Committee after serving six consecutive
years.
A vacancy on the Committee shall be filled by the relevant appointing
or designating authority.
a.
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, historical commission,
planning board, open space committee and the housing authority 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, notice
of which shall be posted publicly and published for each of two weeks
preceding the hearing in a newspaper of general circulation in the
town.
b.
The Committee shall make recommendations to the town
meeting for the acquisition, creation and preservation of open space,
for the acquisition and preservation of historical resources, for
the acquisition, creation and preservation of land for recreation
use, for the creation, preservation and support of community housing
and for rehabilitation or restoration of such open space, historical
resources, 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.
c.
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 to accomplish that specific purpose or to set aside
for later spending funds for general purposes that are consistent
with the community preservation.
a.
The Community Preservation Committee shall be subject
to the Open Meeting Law, so called (MGL Chapter 39, § 23A
& B). It shall not meet or conduct business without the presence
of a quorum. For the purposes of this chapter, a quorum shall constitute
a majority of the CPC members then in office.
[Amended 5-4-2016 ATM, Art. 13]
b.
The Committee shall approve its actions by majority
vote of its members, except as otherwise required by law.
[Amended 5-4-2016 ATM, Art. 13]
c.
Recommendations to the town meeting shall include
their anticipated costs.
The Committee shall elect a Chairman and vice-chairman
from among its members and shall elect a secretary who need not be
a member of the Committee.
After having a public hearing and requesting
recommendations from town boards and committees, the Committee shall
adopt policies, rules and regulations for conducting its affairs and
for carrying out its responsibilities.
[Added 5-4-2016 ATM, Art.
13[1]]
Removal of a Committee member by their Designating Board, Commission,
or Authority:
Any member of the Committee may, after a public hearing before
the Designating Board, Commission, or Authority that appointed the
said member, be removed for cause or dereliction of duty by a majority
vote of such Board, Commission or Authority. Cause, or dereliction
of duty, shall be defined as: a) the repeated failure to attend Committee
meetings (i.e. missing half of the scheduled meetings of the Committee
during any calendar year; b) the commission of an ethical violation
(as finally determined by the State Ethics Commission); or c) a violation
of the Open Meeting Law, (as finally determined by the Office of the
Attorney General and if in the opinion of the Appointing Committee
said violation is pervasive and impairs the position of the appointee
to adequately represent the Appointing Committee). Removal of a Committee
member should be accomplished by a letter from the Designating Board,
Commission, or Authority chairperson confirming the vote in favor
of removal of their member from the Committee, and when known, the
person who will be replacing them on the Committee.
In the event that any section, paragraph or
part of this Chapter is for any reason declared invalid or unconstitutional
by any court of competent jurisdiction, every other section, paragraph
or part shall continue in full force and effect.