AN ACT AUTHORIZING THE CONSERVATION COMMISSION OF THE TOWN OF DEDHAM TO ESTABLISH A CERTAIN SPECIAL ACCOUNT.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. (a) Notwithstanding the provisions of section fifty-three
fifty-three G of chapter forty-four of the General Laws, the conservation
commission of the town of Dedham may provide by rule promulgated hereunder for
the imposition of reasonable fees for the employment of outside consultants and
may deposit such fees in a special account.
(b) Such regulation shall provide for
an administrative appeal from the selection of the outside consultant to the
board of selectmen. The grounds for such an appeal shall be limited to claims
that the consultant selected has a conflict of interest or does not possess the
minimum, required qualifications. The minimum qualifications shall consist
either of an educational degree in or related to the field at issue or three or
more years of practice in the field at issue or a related field. The required
time limits for action upon an application by the permit granting board shall
be extended by the duration of the administrative appeal. If no
decision is made by said board of selectmen within one month following the
filing of the appeal, the selection made by the permit granting authority shall
stand. Such an administrative appeal shall not preclude further judicial
review, if otherwise permitted by law.
(c) Any such account shall be established
by the treasurer and shall be kept separate and apart from other monies. Said
special account, including accrued interest, if any, shall be expended at the
direction of the conservation commission without further appropriation;
provided, however, that such funds are to be expended by it only in connection
with carrying out its responsibilities under the law. Any excess amount in the
account attributable to a specific project, including any accrued interest, at
the completion of said project shall be repaid to the applicant or to the
applicant's successor in interest and a final report of said account shall be
made available to the applicant or to the applicant's successor in interest.
(d) The town treasurer shall submit annually a report of said special
the board of selectmen and town administrator for their review. Said report
shall be published in the town annual report. Said town treasurer shall submit
annually a copy of said report to the director of the bureau of accounts.
SECTION 2. This act shall take effect upon its passage.