[HISTORY: Adopted by the Town Meeting of the Town of Dartmouth 11-13-2001, approved 2-12-2002; passed
at Annual Town Election 4-1-2002 (Art. 23 of the 2011 General By-Laws). Amendments noted where applicable.]
[Amended 6-7-2011, approved
9-15-2011]
Pursuant to Massachusetts General Laws Chapter 44B, § 5,
a Community Preservation Committee consisting of nine members is hereby
established for the purpose of making recommendations to the Town
Meeting for community preservation in accordance with the said statute,
the Town ballot voter acceptance and this By-Law.
A.
The composition of the Committee, the appointing authorities and
the terms of office of its 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 Housing Authority as designated by the Authority
for a term of three years.
(4)
One member of the Park Commission as designated by the Commission
for an initial term of one year and thereafter for a term of three
years.
(5)
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.
(6)
Four citizen members to be appointed by the Select Board; two members
to be appointed for a term of one year and thereafter for a term of
three years; and two members to be appointed for a term of two years
and thereafter for a term of three years.
B.
The members of the Community Preservation Committee may be re-appointed
for as many terms as authorized by the Select Board.
A.
Preservation studies and hearings. The Community Preservation Committee
shall study the needs, possibilities and resources of the Town of
Dartmouth regarding community preservation. The Committee shall consult
with existing municipal boards, including but not limited to, the
Conservation Commission, the Historical Commission, the Planning Board,
the Park Board and the Housing Authority. As part of its study, the
Committee shall hold one or more public information hearings annually
on the needs, possibilities and resources of the Town of Dartmouth
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.
B.
Recommendations to Town Meeting. The Community Preservation Committee
shall make recommendations to the Town Meeting for the acquisition
and preservation of open space; for the acquisition and preservation
of historic resources; for the acquisition and preservation of land
for recreational use; for the creation, preservation and support of
community housing and for the rehabilitation or restoration of such
open space, historic resources, land for recreational use and community
housing that is acquired or created as provided in Sections 3 through
7, inclusive, of Chapter 44B of the Massachusetts General Laws (the
"Community Preservation Act"), and within the framework of this chapter.
With respect to community housing, the Committee shall, whenever possible,
recommend use of funds for housing for senior citizens or modifications
that allow senior citizens to remain in their homes and, wherever
possible, the Committee shall recommend use of funds, the reuse of
existing buildings or construction of new buildings on previously
developed sites. Recommendations to Town Meeting shall include their
anticipated costs.
C.
Recommending issuance of bonds. 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 revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending for general purposes that are consistent with community preservation. The Community Preservation Committee may recommend the issuance of general obligation bonds or notes in anticipation of revenues to be raised pursuant to Section 3 of the Act, the proceeds of which shall be deposited in the Community Preservation 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 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.
D.
Town Meeting approval for expenditures. As provided in the Massachusetts
Community Preservation Act, no expenditures shall be made from the
Community Preservation Fund without the approval of Town Meeting.
E.
Submission of operating budget. The Community Preservation Committee
will submit an annual administrative and operating budget for the
Community Preservation Committee, which cannot exceed 5% of the annual
revenues in the Community Preservation Fund, to Town Meeting for approval.
The Community Preservation Committee shall not meet or conduct
business without the presence of a quorum. A majority of members of
the Community Preservation Committee shall constitute a quorum. The
Community Preservation Committee shall approve its actions by a majority
vote.[1]
[1]
Editor's Note: Original § 23.4, Amending this By-Law,
which immediately followed this section, and § 23.6, Appointment
deadline, were deleted 6-7-2011, approved 9-15-2011.
In case by 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.
