[MassHistPres] Posting

[Tucker, Jonathan]

The term "program" means the historical commission's plan for historic
preservation actions in the community, and that would include
"preservation work or preservation planning for an historic building in
the care of a local historical commission."

 

The language of the statute is quite clear in giving historical
commissions the unencumbered right to raise their own funds, acquire and
hold property on behalf of their community, and engage in all manner of
contracts, agreements, etc. with regard to historic preservation when
the commission is dealing with its own money or property.  If the
historical commission (or an associated 'friends' group) raises its own
funds, it has sole discretion about entering into contracts and spending
those funds.  No select board approval is required, as it would be for
some conservation commission actions under MGL 40, 8C. 

 

On the other hand, if the historical commission is using municipal funds
or dealing with municipal property, then it is bound by the rules that
govern those funds and properties with regard to appropriation,
procurement, contracting, accounting, property disposition, etc., etc.
And it only makes sense to use the existing mechanisms for dealing with
those funds or properties, rather than trying to replicate them on its
own.

 

In Amherst, except in a few limited circumstances, our historical
commission has raised very little funding of its own, yet it is the
principal mover in terms of conceiving and carrying out historic
preservation projects using Town funds.  So we split the difference in
terms of who has responsibility for doing what.  Since the Town already
has a process for contracting and accounting for Town funds appropriated
for any purpose (much less historic preservation), staff put together
and the town manager signs and executes standard Town contracts under
MGL 30B for goods or services associated with historic preservation
projects (mostly CPA projects).  Staff carry out the commission's wishes
in executing or amending the contract.  Judgments about when the
contracted tasks in a project have been completed and accompanying
payments can be made are made by the Historical Commission, and nothing
gets changed or paid unless they approve it.

 

Jonathan Tucker

Planning Director

Amherst Planning Department

4 Boltwood Avenue, Town Hall

Amherst, MA  01002

(413) 259-3040

tuckerj at amherstma.gov    

 

 

 

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dennis De Witt
Sent: Thursday, July 30, 2009 10:45 PM
To: MHC MHC listserve
Subject: Re: [MassHistPres] Posting

 

Jean

 

It is my understanding that the town must enter into all contracts on
behalf of the commission.  The commission cannot do so on its own.  

 

In Brookline there is a Friends of the Commission 501c3.  At the time it
was formed it was understood, I believe, that that was the only
possibility to raise and hold funds separate from the town's general
funds.  Our Town Counsel also says that commissioners may not sit on its
board.

 

Dennis De Witt

Brookline

 

On Jul 30, 2009, at 11:24 AM, Jean Derderian wrote:





Dear Historic Preservationists,

Our town is currently reviewing the language in MGL Chapter 40 Section
8D regarding a local historical commission's rights to enter into
contracts, raise and spend donations, etc. What experiences can you
share to help us in the interpretation of the law?

 

http://www.mass.gov/legis/laws/mgl/40-8d.htm
<http://www.mass.gov/legis/laws/mgl/40-8d.htm>   "...The commission may
hold hearings, may enter into contracts with individuals, organizations
and institutions for services furthering the objectives of the
commission's program; may enter into contracts with local or regional
associations for cooperative endeavors furthering the commission's
program; may accept gifts, contributions and bequests of funds from
individuals, foundations and from federal, state or other governmental
bodies for the purpose of furthering the commission's program; may make
and sign any agreements and may do and perform any and all acts which
may be necessary or desirable to carry out the purposes of this
section..."

 

What does the term "program" mean in the law? Can a program include
preservation work or preservation planning for an historic building in
the care of a local historical commission?

 

Do local historical commissions have a legal right to enter into
contracts?

May local historical commissions raise and spend donations as they vote
to as a body?

Are such rights subject to the approval of the Selectboard? 

 

Thank you,

Jean Derderian

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