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COMMUNITY PRESERVATION COMMITTEE BYLAW
TO Adopt a Community Preservation Committee bylaw

* Acting on amended Article 5, the town voted to adopt a bylaw to establish a Community Preservation Committee, as required by the Town's adoption of MGL Chapter 44B, Sections 3-7, the Community Preservation Act, by vote under Ballot Question #2 at the Annual Town Election on April 19, 2005, as follows:

COMMUNITY PRESERVATION COMMITTEE BYLAW
Section 1. Establishment

(1) There is hereby established a Community Preservation Committee consisting of nine voting members pursuant to Massachusetts General Laws Chapter 44B. The Committee shall consist of the following members:
· One member of the Conservation Commission as designated by the Commission for a term of one year.
· One member of the Tisbury Housing Committee as designated by the Committee for a term of one year.
· One member of the Historical Commission as designated by the Commission for a term of one year.
· One member of the Planning Board as designated by the Board for a term of one year.
· One member of the Board of Public Works Commissioners as designated by the Commissioners for a term one year.
· Four at-large members to be designated by the Board of Selectmen and appointed by the Selectmen as follows:
· One member to be appointed for a term of one year and thereafter a term of three years;
· One member to be appointed for a term of two years and thereafter a term of three years; and
· Two members to be appointed for a term of three years.

(2) Terms for the four at-large members will begin on June 1 of each year and will be staggered three-year terms. Any vacancy on the Community Preservation Committee shall be filled by the commission, authority, or board that designated the member who creates the vacancy by designating another member in accordance with Section (1) above for the unexpired term.

(3) Should any commission, authority or board designating a member for the Community Preservation Committee cease to exist for whatever reason, the Board of Selectmen will determine the appropriate alternative designating commission, authority or board.

Section 2. Duties

(1) The Community Preservation Committee shall study the needs, possibilities and resources of the town regarding community preservation. The committee shall consult with town boards and others including, the Historical Commission, the Housing Authority, the Tisbury Housing Committee, the Planning Board and the Board of Public Works Commissioners in conducting such studies. As part of its studies 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, including on the Town’s web page, and published for each of two weeks preceding a hearing in a newspaper of general circulation in the town. The Committee will file an annual report on its activities with the Town Clerk.
(2) The Community Preservation Committee shall make
recommendations to the Town Meeting for the acquisition, creation and preservation of open space; for the acquisition, rehabilitation, restoration 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 the rehabilitation or restoration of such 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 Community Preservation Committee shall recommend, wherever possible, the reuse of existing buildings, or construction of new buildings on previously developed sites.

(3) The Community Preservation Committee may include in its recommendations 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 funds 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.

Section 3. Requirements for a quorum and cost estimates

The Community Preservation Committee shall not meet or conduct business without the presence of a quorum. A majority of the members of the Community Preservation Committee shall constitute a quorum. The Community Preservation Committee shall approve its actions by majority vote. Meetings will be held in accordance with the Open Meeting Law (G.L. Chapter 39, Section 23B). Recommendations to the Town Meeting shall include their anticipated costs.

Section 4. Amendments

The Community Preservation Committee shall, from time to time, review the administration of this By-law, making recommendations, as needed, for changes in the Bylaw and in administrative practice to improve the operations of the Community Preservation Committee. The first review shall be completed at least by November 1, 2008 and subsequent reviews shall be completed at intervals of no more than five years. This Bylaw may be amended from time to time by a majority vote of the Town Meeting, provided that the amendments are not in conflict with Chapter 44B of the Massachusetts General Laws.

Section 5. Severability

In case any section, paragraph or part of this Bylaw 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.

Section 6. Action upon Approval

Upon approval of this Bylaw by the Attorney General of the Commonwealth, the Board of Selectmen shall request the Historical Commission, the Tisbury Housing Committee, the Board of Public Works Commissioners, the Planning Board and the Conservation Commission to designate a member to serve on the Community Preservation Committee. The Board of Selectmen will designate four at-large members of the Community Preservation Committee.

* Approved by the Attorney General on December 20, 2005 and posted in five places on December 29, 2005.


 
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Town of Tisbury  51 Spring St., P.O. Box 1239, Vineyard Haven, MA 02568  Phone (508) 696-4200
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