Loading...
HomeMy WebLinkAboutAnnual T.M. 04/14/2009 (6/16/2009) THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Tow n Oerk Office of the Town Clerk 6 Park Row Mansfiek:l, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 1 - Vote Move the Town vote to raise and appropriate or transfer from available funds the sum of $ 36,102,666.05 to defray the expenses of the Municipal Town departments, as further described below for the ensuing 12-month period beginning July I, 2009: Raise and Appropriate Transfer from Available Funds: Wetlands Protection Act Betterment Fund Water Operations Wastewater Operations Electric Department Airport Operations Parking Operations Total $33,685,728.30 $4,000.00 $10,287.84 $767,247.81 $809,630.14 $739,427.06 $84,079.47 $2,265.43 $36,102,666.05 ARTICLE 1 - Vote Move the Town vote to raise and appropriate or transfer from available funds the sum of $ 36,102,666.05 to defray the expenses of the Municipal Town departments, as further described below for the ensuing 12-month period beginning July 1,2009: ".. Article 1 - Page 2 Raise and Appropriate Transfer from Available Funds: Wetlands Protection Act Betterment Fund Water Operations Wastewater Operations Electric Department Airport Operations Parking Operations Total $33,685,728.30 $4,000.00 $10,287.84 $767,247.81 $809,630.14 $739,427.06 $84,079.47 $2,265.43 $36,102,666.05 Selectmen Other Expenses Total $ 93,700.00 $ 93,700.00 Town Manager Personal Services Other Expenses Total $ 396,375.27 $ 79,607.50 $ 475,982.77 DatalFinance Personal Services Other Expenses Capital Outlay Total 264,045.18 59,920.00 100.00 324,065.18 Accountant Personal Services Other Expenses Total 164,496.13 29,650.00 194,146.13 Assessor Personal Services Other Expenses Total 128,345.38 28,110.00 156,455.38 Personnel Personal Services Other Expenses Total 16,000.00 16,000.00 - Article 1 - Page 3 Data Processing Personal Services 248,314.06 Other Expenses 193,300.00 Capital Outlay 26,250.00 Total 467,864.06 Town Clerk Personal Services 161,572.31 Other Expenses 18,727.00 Total 180,299.31 Conservation Personal Services 58,643.27 Other Expenses 3.371.50 Total 62,014.77 Planning Board Personal Services 146,260.75 Other Expenses 656.00 Total 146,916.75 Zoning Board of Appeals Personal Services 10,296.00 Other Expenses 400.00 Total 10,696.00 Boards/Commissions Personal Services Other Expenses 2.357.95 Total 2,357.95 Municipal Building Committee Personal Services Other Expenses 150.00 Total 150.00 ".. Article 1 - Page 4 Public Buildings Personal Services 233,499.11 Other Expenses 279,225.00 Capital Outlay 1 ,000.00 Total 513,724.11 Police Personal Services 2,972,392.00 Other Expenses 365,222.00 Capital Outlay 70,000.00 Total 3,407,614.00 Fire Personal Services 2,751,200.45 Other Expenses 176,885.00 Capital Outlay 30,030.00 Total 2,958,115.45 Personal Services 407,590.26 Other Expenses 78,582.00 Capital Outlay 2,587.00 Total 488,759.26 Dispatchers Personal Service 542,214.74 Other Expenses 19,023.00 Capital Outlay U 13.00 Total 562,350.74 Building Inspector Personal Services 161,950.20 Other Expenses 12.391.00 Total 174,341.20 Emergency Management Personal Services 3,498.00 Other Expenses 40,630.00 Capital Outlay 2,600.00 Total 46,728.00 111 Article I - Page 5 Town Expense- Education Personal Services 29,220.00 Total 29,220.00 Engineering Personal Services 201,769.96 Other Expenses 30,470.00 Total 232,239.96 D.P.W. Administration Personal Services 271,994.84 Other Expenses 1,637,543.00 Total 1,909,537.84 Highway Personal Services 818,426.99 Other Expenses 560,222.00 Total 1,378,648.99 Winter Maintenance Personal 104,360.00 Other Expenses 235,080.00 Total 339,440.00 Health Personal Services 107,444.60 Other Expenses 23,439.00 Total 130,883.60 Right to Know Personal Services 3,000.00 Other Expenses Total 3,000.00 Senior Citizens Personal Services 281,854.20 Other Expenses 5 1,263.16 Total 333,117.36 - Article 1 - Page 6 Veterans Services Personal Services 60,761.15 Other Expenses 100,405.00 Total 161,166.15 Social Services Personal Services 90,973.94 Other Expenses 4.457.00 Total 95,430.94 Library Personal Services 425,810.29 Other Expenses 183,080.00 Total 608,890.29 Parks/Recreation Personal Services 98,372.98 Other Expenses 19.485.00 Total 117,857.98 Historical Commission Other Expenses 1.368.00 Total 1,368.00 Arts Cultural Council Other Expenses $ 2,640.00 Total $ 2,640.00 Insurance~enefits Town Insurance 750,351.36 Employee Benefits 12,970.343.76 Total 13,720,695.12 Debt Debt 6,227,1 16.29 Total 6,227,116.29 '111 Article 1 - Page 7 Miscellaneous 393,132.47 Finance Committee Personal Reserve Fund Total 6,000.00 100,000.00 106,000.00 Revaluation 30,000.00 Grand Total $ 36,102,666.05 V oted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk ".. THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Tow n Clerk Office of the Town Clerk 6 Park Row Mansfiek:l, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 2 To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $36,491,578.00 to defray the expenses of the Mansfield Public School System for the ensuing 12-month period beginning July 1, 2009 as follows: Salaries Goods and Services TOTAL: $28,590,762.00 $7,900,816.00 $36,491,578.00 Or take any action in relation thereto. Explanation: This article establishes the FY201 0 budget appropriations for the School Department broken down by Salaries and Goods and Services. SPONSOR: School Committee ARTICLE 2 - Vote Move the Town vote to raise and appropriate or transfer from available funds the sum of $36,491,578.00 to defray the expenses of the Mansfield Public School System for the ensuing 12-month period beginning July 1,2009 as follows: TOTAL: $28,590,762.00 $7,900,816.00 $36,491,578.00 Salaries Goods and Services - Article 2 - Page 2 V oted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk 111' THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Tow n Clerk Office of the Town Clerk 6 Park Row Mansfiek:l, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 5 To see if the Town will vote to raise from water enterprise revenue or transfer from available funds the sum of$ 4,084,369.75 to defray the expenses of the Water Enterprise, as further described below for the ensuing 12-month period beginning July 1, 2009: Raise from Revenue Transfer from General Fund Total $4,077,416.38 $6,953.37 $4,084,369.75 Water a Personal Services b Other Expenses c Capital Outlay d Debt e Internal Services f Reserve Fund Total 862,796.00 1,004,850.00 95,000.00 1,332,475.94 764,247.81 25,000.00 4,084,369.75 Or take any action in relation thereto. EXPLANATION: This article establishes the FY2010 budget appropriations for the Water Enterprise account. SPONSOR: Board of Selectmen 111' Article 5 - Page 2 ARTICLE 5 - Vote Move the Town vote to raise from water enterprise revenue or transfer from available funds the sum of $ 4,084,369.75 to defray the expenses of the Water Enterprise, as further described below for the ensuing 12-month period beginning July 1, 2009: Raise from Revenue Transfer from General Fund Total $4,077,416.38 $6,953.37 $4,084,369.75 Water a Personal Services b Other Expenses c Capital Outlay d Debt e Internal Services f Reserve Fund Total 862,796.00 1,004,850.00 95,000.00 1,332,475.94 764,247.81 25,000.00 4,084,369.75 V oted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk ".. THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Tow n Oerk Office of the Town Clerk 6 Park Row Mansfield, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 6 To see if the Town will vote to raise from Wastewater Enterprise revenue or transfer from available funds the sum of $ 4,437,088.92 to defray the expenses of the Wastewater Enterprise, as further described below for the ensuing 12-month period beginning July 1, 2009: Raise from Revenue Transfer from General Fund Transfer from Retained Earnings Transfer from Wastewater Depreciation Fund Total 4,096,391.08 68,925.57 11,772.27 260,000.00 4,437,088.92 Wastewater a Personal Services b Other Expenses c Capital Outlay d Debt e Internal Services f Reserve Fund Total 844,715.11 1,465,558.00 50,000.00 1,242,185.67 809,630.14 25,000.00 4,437,088.92 Or take any action in relation thereto. EXPLANATION: This article establishes the FY2010 budget appropriations for the Wastewater Enterprise account. SPONSOR: Board of Selectmen ".. Article 6 - Page 2 ARTICLE 6 - Vote Move the Town vote to raise from Wastewater Enterprise revenue or transfer from available funds the sum of $ 4,437,088.92 to defray the expenses of the Wastewater Enterprise, as further described below for the ensuing 12-month period beginning July 1, 2009: Raise from Revenue Transfer from General Fund Transfer from Retained Earnings Transfer from Wastewater Depreciation Fund Total 4,096,391.08 68,925.57 11,772.27 260,000.00 4,437,088.92 a Personal Services b Other Expenses c Capital Outlay d Debt e Internal Services f Reserve Fund Total 844,715.11 1,465,558.00 50,000.00 1,242,185.67 809,630.14 25,000.00 4,437,088.92 Voted favorably - Majority vote - Show of hands A TRUE COpy ATTEST: Helen P. Christian, Town Clerk 111' THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD I-lelen P. Christian Tow n Oerk Office of the Town Clerk 6 Park Row Mansfiek:l, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 7 To see if the Town will vote to raise from Airport Enterprise revenue the sum of $75,090.00 to defray the expenses of the Airport Enterprise, as further described below for the ensuing 12-month period beginning July 1,2009: a b Airport Personal Services Other Expenses Capital Outlay Debt Internal Services Reserve Fund Total 1,700.00 21,610.00 44,260.00 o 2,520.00 5,000.00 75,090.00 c d e f Or take any action in relation thereto. Explanation: This article establishes the FY201 0 budget appropriations for the Airport Enterprise account. SPONSOR: Mansfield Airport Commission ARTICLE 7 - Vote Move the Town vote to raise from Airport Enterprise revenue the sum of $75,090.00 to defray the expenses of the Airport Enterprise, as further described below for the ensuing 12-month period beginning July I, 2009: ".. Article 7 - Page 2 Airport a Personal Services b Other Expenses c Capital Outlay d Debt e Internal Services f Reserve Fund Total V oted favorably - Majority vote - Show of hands A TRUE COpy ATTEST: Helen P. Christian, Town Clerk 1,700.00 21,610.00 44,260.00 o 2,520.00 5,000.00 75,090.00 1If Helen P. Christian Tow n Oerk THE COMMONWEALTH OF MASSACHUSEITS TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mansfieki, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 8 To see if the Town will vote to raise from Parking Enterprise revenue the sum of $695,896.00 to defray the expenses of the Parking Enterprise, as further described below for the ensuing 12-month period beginning July 1,2009: a b Parking Personal Services Other Expenses Capital Outlay Internal Services Reserve Fund Total 104,412.00 572,546.00 o 13,938.00 5,000.00 695,896.00 c d e Or take any action in relation thereto. EXPLANATION: This article establishes the FY2010 budget appropriations for the Parking Enterprise account. SPONSOR: Board of Selectmen ARTICLE 8 - Vote Move the Town vote to raise from Parking Enterprise revenue the sum of $695,896 to defray the expenses of the Parking Enterprise, as further described below for the ensuing 12-month period beginning July 1, 2009: ^--"~-"'---"....,-,.~~.,-------- III Article 8 - Page 2 Parking a Personal Services b Other Expenses c Capital Outlay d Internal Services e Reserve Fund Total 104,412.00 572,546.00 o 13,938.00 5,000.00 695,896.00 Voted favorably - Majority vote - Show of hands A TRUE COpy A TrEST: Helen P. Christian, Town Clerk -----'~-,..._-~"'.----....,-,......._~"~~.".---- 11 Helen P. Christian Tow n Clerk THE COMMONWEALTH OF MASSACHUSEITS TOWN OF MANSFIELD Office 0 f the To \\Tl Clerk 6 Park Row Mans:fiekl, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April ]4, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Stree~ Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 9 To see if the Town will vote to transfer from the Municipal Building Committee available funds in the sum of $587.00 from the Mansfield Police Station Project and $6,378.00 from the Jordan Jackson Elementary School Project to the General Fund or other appropriate account: Raise from Revenue Transfer from Police Station Project Transfer from Jordan Jackson Elementary School Project Total o $587.00 $6,378.00 $6,965.00 Or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 9 - Vote Move the Town vote to transfer from the Municipal Building Committee available funds in the sum of $587.00 from the Mansfield Police Station Project and $6,378.00 from the Jordan Jackson Elementary School Project to the General Fund or other appropriate account: Raise from Revenue Transfer from Police Station Project Transfer from Jordan Jackson Elementary School Project Total o $587.00 $6,378.00 $6,965.00 .' ~.~ . '-'~"-"-"'''--- 111 Article 9 - Page 2 V oted favorably - Majority vote - Show of hands A TRUE COpy ATTEST: Helen P. Christian, Town Clerk 111 Helen P. Christian Tow n Clerk THE COMMONWEALTH OF MASSACHUSETTS TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mansfieki, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 10 To see if the Town will vote to accept M.G.L. Section 4 of Chapter 73 of the Acts of 1986 as amended by Chapter 126 of the Acts of 1988 which allows an additional Real Estate tax exemption of one hundred percent (100%) on Clauses 17D, 22, 22A, 22B, 22C, 22D, 22E, 37A, and 41C of Section 5 of Chapter 59 of the General Laws, or take any action in relation thereto. Explanation: This article is an annual article to allow 100% of allowable exemptions on certain clauses for Fiscal Year 2010. SPONSOR: Board of Assessors ARTICLE 10 - Vote Move the Town vote to accept M.G.L. Section 4 of Chapter 73 of the Acts of 1986 as amended by Chapter 126 of the Acts of 1988 which allows an additional Real Estate tax exemption of one hundred percent (100%) on Clauses 17D, 22, 22A, 22B, 22C, 22D, 22E, 37A, and 41C of Section 5 of Chapter 59 of the General Laws. Voted favorably - Majority vote - Show of hands A TRUE COpy ATTEST: Helen P. Christian, Town Clerk ".. THE COMMONWEALTH OF MASSACHUSEITS TOWN OF MANSFIELD Helen P. Christian Tow n Clerk Office of the Town Clerk 6 Park Row Mansfiekl, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 13 To see if the Town will vote to adopt under Chapter 60A Section 1 of the Massachusetts General Laws Local Option, or take any action in relation thereto. Explanation: Effective January 1, 2010. Adds a new local acceptance paragraph of G.L. c 60A, S 1 that if accepted, will exempt from the motor vehicle excise Massachusetts residents who are on active duty military outside the country for at least 45 days of the excise calendar year. If the service member is wounded or killed in an armed conflict, the exemption applies regardless of the number of days deployed. As with all motor vehicle excise exemptions for individuals found in G.L. c. 60A, S 1, the service member may exempt only one vehicle owned and registered for personal use. If the community accepts the exemption, then all taxpayers in the community with delinquent motor vehicle excise bills will be charged an extra $3 when the excises are sent to a deputy collector for collection action (the current fee is $10). This is intended to offset any reduced revenue if eligible residents are granted to exemption. The exemption takes effect on January 1 after the calendar year of acceptance is voted. Acceptance of this paragraph requires a majority vote of the municipal legislative body, subject to local charter. SPONSOR: Veterans' Services ",<_"~-",_~""_~__,",____,_.",,.Ao-_._.>..___,," "'1r Article 13 -Page 2 ARTICLE 13 - Vote Move the Town vote to adopt under Chapter 60A Section 1 of the Massachusetts General Laws Local Option. V oted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk ".. Helen P. Christian Tow n Oerk THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mansfiekl, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 14 To see if the Town will vote to adopt, under Chapter 59, Section 5 of the Massachusetts General Laws, Local Option Fifth B, or take any action in relation thereto. Explanation: This will allow the town meeting to update and continue the tax exempt status of Post 3264, VFW, which it adopted under M.G.L. Chapter 17D at Town Meeting on June 6, 1983 and reaffirmed at Town Meeting on October 16, 1989. Fifth B, the real and personal estate belonging to or held in trust for the benefit of incorporated organizations of veterans of any war in which the United States has been engaged, to the extent of seven hundred thousand dollars, if used and occupied by such association, and if the net income from said property is used for charitable purposes; provided, however, that such estate shall not be exempt for any year in which such association or the trustees holding for the benefit of such association willfully omit to file with the assessors the list and statement required by section twenty-nine. This clause shall take effect upon its acceptance by any city or town. In a city or town which accepts the provisions of this clause, the provisions of clause Fifth and Fifth A shall not be applicable. SPONSOR: Veterans' Services - Article 14 - Page 2 ARTICLE 14 - Vote Move the Town vote to adopt, under Chapter 59, Section 5 of the Massachusetts General Laws, Local Option Fifth B. V oted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk 111 THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Tow n Oerk Office of the Town Clerk 6 Park Row Mansfiek:l, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 15 To see if the Town will vote to accept the provisions of M.G.L. Chapter 44, Section 53 1/2E, or take any action in relation thereto. Explanation: This will establish a technology fund for police department purchasing needs exclusively by retained fees obtained through the firearms licensing process. SPONSOR: Board of Selectmen ARTICLE 15 - Vote Move the Town vote to authorize the Police Department to establish for Fiscal Year 2010 a Revolving Firearms License and Permit Fees Account in accordance with M.G.L. Chapter 44, Section 53E 1/2 to receive 50% of firearms license and permit fees, and to authorize expenditures of up to $10,000 from such fund to pay for expenditures involved in the equipping and training of Mansfield Police Officers, including the Purchase and Technology Equipment. Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk - THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Tow n Clerk Office of the Town Clerk 6 Park Row Mansfiekl, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 16 To see if the Town will vote to establish a bylaw relative to the public consumption and/or possession of any amount of Marijuana or Tetrahydrocannabinol (as defined in M.G.L. Chapter 94C, Section 1) less than one ounce, or take any action in relation thereto. Section XV - Possession/Consumption of Marijuana XV-l No person shall smoke, ingest, or otherwise use or consume Marijuana or Tetrahydrocannabinol (as defined in G.L. Chapter 94C, Section 1, as amended) while in or upon any public place or any place to which the public has a right of access including, but not limited to public ways, private ways, sidewalks, parking lots, parks and commons, playgrounds, recreation areas, beaches, boat landings, cemeteries, municipal buildings and schools and grounds or athletic fields appurtenant thereto, or premises licensed by the Town, and including any motor vehicle or bicycle or other passenger conveyance operated by a common carrier, when parked or moving upon any of the above places or locations. XV -2 For the purpose of this by-law, Marijuana shall be any substance so defined by General Laws Chapter 94C, Section 1, as amended. XV-3 The enforcing person shall make a record of the incident, such record to include the following information (to the extent that it is available), name and address of the person violating the ordinance; name and address of landlord, if applicable; date; time; motor vehicle registration number, if applicable; and location of the violation. - Article 16 - Page 2 XV -4 This by-law may be enforced through any lawful means in law or in equity including, but not limited to enforcement by criminal indictment or complaint pursuant to G.L. Chapter 40, Section 21, or by non-criminal disposition pursuant to G.L. Chapter 40, Section 21 D, by any police officer. Any person found to be in violation of this by-law, or who refuses to give the above-noted information or if any information proves false, shall be liable to a fine of three hundred dollars ($300.00) for each such violation. Any penalty imposed under this by-law shall be in addition to any civil penalty imposed under G.L. Chapter 94C, Section 32L. SPONSOR: Board of Selectmen ARTICLE 16 - Vote Move the Town vote to establish a bylaw relative to the public consumption and/or possession of any amount of Marijuana or Tetrahydrocannabinol (as defined in M.G.L. Chapter 94C, Section 1) less than one ounce. Section XV - Possession/Consumption of Marijuana XV-l No person shall smoke, ingest, or otherwise use or consume Marijuana or Tetrahydrocannabinol (as defined in G.L. Chapter 94C, Section 1, as amended) while in or upon any public place or any place to which the public has a right of access including, but not limited to public ways, private ways, sidewalks, parking lots, parks and commons, playgrounds, recreation areas, beaches, boat landings, cemeteries, municipal buildings and schools and grounds or athletic fields appurtenant thereto, or premises licensed by the Town, and including any motor vehicle or bicycle or other passenger conveyance operated by a common carrier, when parked or moving upon any of the above places or locations. XV -2 For the purpose of this by-law, Marijuana shall be any substance so defined by General Laws Chapter 94C, Section 1, as amended. XV-3 The enforcing person shall make a record of the incident, such record to include the following information (to the extent that it is available), name and address of the person violating the ordinance; name and address of landlord, if applicable; date; time; motor vehicle registration number, if applicable; and location of the violation. XV -4 This by-law may be enforced through any lawful means in law or in equity including, but not limited to enforcement by criminal indictment or complaint pursuant to G.L. Chapter 40, Section 21, or by non-criminal disposition pursuant to G.L. Chapter 40, Section 21 D, by any police officer. Any person found to be in violation of this by-law, or who refuses to give the above-noted information or if any information proves false, shall be liable to a fine of three hundred dollars ($300.00) for each such violation. Any penalty ".. Article 16 - Page 3 imposed under this by-law shall be in addition to any civil penalty imposed under G.L. Chapter 94C, Section 32L. Voted favorably on a standing vote - 65 in favor - 55 opposed A TRUE COPY ATTEST: Helen P. Christian, Town Clerk ".. THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Tow n Oerk Office of the Town Clerk 6 Park Row Mansfiekl, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 17 To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $12,000.00 for a Household Hazardous Waste Collection, or take any action in relation thereto. SPONSOR: Board of Health ARTICLE 17 - Vote Move the Town vote to appropriate from available funds the sum of $12,000.00 for a Household Hazardous Waste Collection. V oted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk "" THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Tow n Oerk Office of the Town Clerk 6 Park Row Mansfieki, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 20 To see if the Town will vote to raise and appropriate, borrow or transfer from available funds a sum of money for various Capital Improvements projects for the Wastewater Treatment Plant including the following: 'Wastewater Treatment Plant Expansion Explanation: The Tri-Town Wastewater Treatment Project is being considered for Stimulus funding by the Patrick-Murray administration "Common Infrastructure Application Pilot Program." This article is being placed on the Annual Town Meeting in case any Town Meeting funding is needed to support a possible grant for the project. -Replacement or repair of two (2) Mack trucks (NOTE: THIS ITEM HAS BEEN REMOVED ON THE MOTION - YOU NEED TO STATE THIS TO EVERYONE) Explanation: The Wastewater Treatment Plant is currently experiencing serious problems with both 1985 Mack trucks, and we are attempting to have them repaired; but depending on costs, we may need to have this funded at Town Meeting. Or take any action in relation thereto. SPONSOR: Capital Improvements Committee 111' Article 20 - Page 2 ARTICLE 20 - Vote Move the Town vote to transfer $35,000.00 from the Wastewater Depreciation Trust Fund to fund appraisals of land needed for wastewater effluent disposal. V oted favorably - Majority vote - Show of hands A TRUE COpy ATTEST: Helen P. Christian, Town Clerk ,.. THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Tow n Clerk Office of the Town Clerk 6 Park Row Mansfiek:l, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 22 To see if the Town will vote to accept the widened Right-of-Way for School Street, in the area of Mansfield Crossing. The widened right of way and related easements are as described in the Mass Highway Layout No. 8005 and Order of Taking dated 3/1812009, and shown on plans titled "Mansfield-2009 Alteration - Three Sheets, Layout No. 8005 (Limited Access)", dated 3/18/2009 by Greenman-Pedersen, Inc., or take any action in relation thereto. Explanation: The Mansfield Crossing project widened the School Street Right of Way, in accordance with the approved design plans, utilizing land that was a part of the Mansfield Crossing site. With the School Street roadway now completed in a satisfactory and approved manner, the Right-of-Way can now be officially accepted. SPONSOR: Engineering Department ARTICLE 22 - Vote Move the Town vote to accept the widened Right-of-Way for School Street, in the area of Mansfield Crossing. The widened right of way and related easements are as described in the Mass Highway Layout No. 8005 and Order of Taking dated 3/18/2009, and shown on plans titled "Mansfield-2009 Alteration - Three Sheets, Layout No. 8005 (Limited Access)", dated 3/18/2009 by Greenman-Pedersen, Inc. V ote declared unanimously in favor by Moderator - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk - THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Tow n Clerk Office of the Town Clerk 6 Park Row Mansfiekl, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 33 To see if the Town will vote to accept the Shawmut Avenue Extension as a Public Way, or take any action in relation thereto. See below for the legal description: Le2al Description: Beginning at a concrete bound at the Southwest corner of said roadway. Thence running clockwise by a curve having a radius of30.00' for a length of 27.40' to a concrete bound at a point of reverse curvature; Thence running counter-clockwise by a curve having a radius of 60.00' for a length of 298.10' to a concrete bound at a point of reverse curvature; Thence running clockwise by a curve having a radius of 30.00' for a length of 27.40' to a concrete bound; Thence running N 84-14-19 W 10.37' to a concrete bound; Thence running S 05-59-16 E 51.07' to the point of the beginning. Draina2e Easement: Beginning at the Southwest corner of said easement, said point being on the Northerly side of Shawmut Ave. Ext.; Thence running N 05-59-16 W 161.75' to a point; Thence running N 84-00-44 E 50.00' to a point; Thence running S 05-59-16 E 160.00' to a point; Thence running S 07-30-25 W 70.34' to a point on the Northerly sideline of Shawmut Ave. Ext.; Thence running by a curve having a radius of 60.00' for a length of 80.54' to the point of beginning. Said roadway and easement are shown on As-Built plan by Hutchins-Trowbridge Assoc., Inc. Dated October 14, 1997. SPONSOR: Citizens' Petition ARTICLE 33 - Vote Move the Town vote to accept the Shawmut Avenue Extension as a Public Way. See below for the legal description: ".. Article 33 - Page 2 Lee:al Description: Beginning at a concrete bound at the Southwest comer of said roadway. Thence running clockwise by a curve having a radius of 30.00' for a length of 27.40' to a concrete bound at a point of reverse curvature; Thence running counter-clockwise by a curve having a radius of 60.00' for a length of 298.10' to a concrete bound at a point of reverse curvature; Thence running clockwise by a curve having a radius of 30.00' for a length of 27.40' to a concrete bound; Thence running N 84-14-19 W 10.37' to a concrete bound; Thence running S 05-59-16 E 51.07' to the point of the beginning. Draioae:e Easement: Beginning at the Southwest corner of said easement, said point being on the Northerly side of Shawmut Ave. Ext.; Thence running N 05-59-16 W 161.75' to a point; Thence running N 84-00-44 E 50.00' to a point; Thence running S 05-59-16 E 160.00' to a point; Thence running S 07-30-25 W 70.34' to a point on the Northerly sideline of Shawmut Ave. Ext.; Thence running by a curve having a radius of 60.00' for a length of 80.54' to the point of beginning; Said roadway and easement are shown on As-Built plan by Hutchins-Trowbridge Assoc., Inc. Dated October 14,1997. V ote declared unanimously in favor by Moderator - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk 111' Helen P. Christian Tow n Oerk THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mansfiekl, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 34 To see if the Town will vote to accept a traffic signal easement along the westerly side of School Street described as a traffic signal easement shall be located within an easement area on a portion of the property which is shown as "Traffic Signal Easement" on a plan entitled "Plan of Land in Mansfield, Mass. Showing Location of Traffic Signal Maintenance Easement to be Granted to the town of Mansfield" dated February 25, 2009, as signed and stamped by Greenman-Pedersen, Inc., recorded herewith, being further described as follows, or take any other action in relation thereto. Beginning at a point on the north-westerly location line of the existing Town layout of School Street, in the Town of Mansfield, County of Bristol, Commonwealth of Massachusetts, said point bearing north 50023 '09" east and being one hundred eleven and ninety-five hundredths (111.95) feet distant from the south-westerly property corner; Thence, leaving said location line northerly by a curve to the left of thirty-five and no hundredths (35.00) feet radius a distance of fifty-four and ninety-eight hundredths (54.98) feet to a point; Thence, north 39036'51" west nineteen and fifty-one hundredths (19.51) feet to a point; Thence, north 50023 '09" east sixty and fifty-hundredths (60.50) feet to a point; Thence South 39036'51" East NINE and fifty-one hundredths (9.51) feet to a point; Thence by a curve to the left of forty-five and no hundredths (45.00) feet radius a distance of seventy and sixty-nine hundredths (70.69) feet to the point again on the existing north-westerly location line of School Street; thence, S53023'09" west one- hundred-forty and fifty-hundredths (140.50) feet to the point of beginning; containing about 3995 square feet. It is agreed that said Traffic Signal Equipment Shall remain the property of Grantee, its successors and assigns and the Grantee shall be solely responsible for all maintenance obligations with respect thereto, Grantor having no such obligations. In exercising its maintenance obligations, (i) Grantee shall promptly restore the Traffic Signal Easement area so affected to as good condition as the same was in immediately prior to '111 Article 34 - Page 2 commencement of such work; (ii) Grantee shall use reasonable efforts to mInImIZe interference with the use of the Property; and (iii) retain responsibility for any and all equipment and personnel used in erecting, maintaining and operating the Traffic Signal Equipment. This easement shall run with the land and inure to the benefit of Grantee's successors and aSSIgns. The easement granted by this instrument is an easement in gross which cannot be relocated without express consent of Grantee. For Grantor's title see Deed recorded at Book 17693, page 345, Book 17693, page 343, Book 17693, page 341, Book 17693, page 337. SPONSOR: Board of Selectmen; Charles Mulcahy, 11 Robin Hill Road, Mansfield, MA ARTICLE 34 - Vote Move the Town vote to accept a traffic signal easement along the westerly side of School Street described as a traffic signal easement shall be located within an easement area on a portion of the property which is shown as "Traffic Signal Easement" on a plan entitled "Plan of Land in Mansfield, Mass. Showing Location of Traffic Signal Maintenance Easement to be Granted to the town of Mansfield" dated February 25, 2009, as signed and stamped by Greenman-Pedersen, Inc., recorded herewith, being further described as follows: Beginning at a point on the north-westerly location line of the existing Town layout of School Street, in the Town of Mansfield, County of Bristol, Commonwealth of Massachusetts, said point bearing north 50023 '09" east and being one hundred eleven and ninety-five hundredths (111.95) feet distant from the south-westerly property corner; Thence, leaving said location line northerly by a curve to the left of thirty-five and no hundredths (35.00) feet radius a distance of fifty-four and ninety-eight hundredths (54.98) feet to a point; Thence, north 39036'51" west nineteen and fifty-one hundredths (19.51) feet to a point; Thence, north 50023 '09" east sixty and fifty-hundredths (60.50) feet to a point; Thence South 39036'51" East NINE and fifty-one hundredths (9.51) feet to a point; Thence by a curve to the left of forty-five and no hundredths (45.00) feet radius a distance of seventy and sixty-nine hundredths (70.69) feet to the point again on the existing north-westerly location line of School Street; thence, S53023 '09" west one- hundred-forty and fifty-hundredths (140.50) feet to the point of beginning; containing about 3995 square feet. It is agreed that said Traffic Signal Equipment Shall remain the property of Grantee, its successors and assigns and the Grantee shall be solely responsible for all maintenance 111 Article 34 - Page 3 obligations with respect thereto, Grantor having no such obligations. In exercising its maintenance obligations, (i) Grantee shall promptly restore the Traffic Signal Easement area so affected to as good condition as the same was in immediately prior to commencement of such work; (ii) Grantee shall use reasonable efforts to minimize interference with the use of the Property; and (iii) retain responsibility for any and all equipment and personnel used in erecting, maintaining and operating the Traffic Signal Equipment. This easement shall run with the land and inure to the benefit of Grantee's successors and assIgns. The easement granted by this instrument is an easement in gross which cannot be relocated without express consent of Grantee. For Grantor's title see Deed recorded at Book 17693, page 345, Book 17693, page 343, Book 17693, page 341, Book 17693, page 337. V oted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk ".. Helen P. Christian Tow n Clerk THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mansfiekl, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 37 To see if the Town will vote to amend the Town of Mansfield General By-Laws by adding the following Chapter Twenty-Seven - "Audit Committee", or take any action in relation thereto. Chapter Twenty-Seven - Audit Committee Section I - Membership There is hereby established in the Town and independent Audit Committee consisting of five (5) members. Such members shall consist of: one (1) current member each from the Board of Selectmen, School Committee and Finance Committee, as designated by the respective chairman thereof, plus two (2) at-large members appointed by the Board of Selectmen. Each at-large membership shall be reserved, whenever possible, for members with expertise, through education and experience, in accounting, auditing, internal control and financial reporting. Each at-large member: (a) must be a resident of the Town and a registered voter; (b) cannot serve on any other Town board, commission or committee or be employed by the Town; and (c) cannot in any way influence or exercise managerial responsibilities that fall within the scope of an audit. Section II - Term Each at-large Audit Committee member shall serve a term for two (2) years, except that one of the initial appointees shall serve for a term of one (1) year and one of the initial appointees shall serve for a term of two (2) years in order to allow one at-large member's term to thereafter expire on an annual basis. The Board of Selectmen shall specify the term of office for each of its initial at-large appointees. All other members shall serve a term of one (1) year. Each membership shall commence on July 1 and shall expire on June 30 of any given calendar year, except that the initial members of the Audit Committee shall be appointed no later than thirty (30) days following receipt of approval of this By-Law from the Office of the Attorney General. The term of the appointments of the initial appointees shall be measured from July 1 st immediately following such - Article 37 - Page 2 approval. No member's appointment may be rescinded by an appointing authority prior to the expiration of his or her term, except for good cause as determined by the Board of Selectmen in accordance with the procedures set forth in Section 9-7 of the Mansfield Home Rule Charter. Any vacancy occurring in the Audit Committee shall be filled by the appropriate appointing authority for the remainder of the unexpired term. Section In - Meetings The Audit Committee shall meet at least () times per year. The annual cycle for Audit Committee business shall coincide with the fiscal year of the Town beginning on July 1 st. At the first meeting of each fiscal year, the Audit Committee shall elect a chairman, vice chairman and secretary from its membership. In the event a vacancy occurs in any of these offices, the Audit Committee shall hold a special meeting for the purpose of electing one (1) of its members to fill such vacancy. Make recommendations to and assist the Town Manager with the selection, terms of V otes of the Audit Committee shall require a majority of those present and voting, with all appointed members entitled to cast a vote. The Audit Committee shall be subject to the Open Meeting Law. Section IV - Duties Subject to the Town Charter, specific duties ofthe Audit Committee shall include, but are not limited to, the following: (6) relationship, scope of services, and oversight of the work of independent accountant(s) and independent auditor(s) retained to issue independent reports, audits or other services for the Town. Review management letters and similar communications, the Town's response, and implementation of corrective action plans. Review and monitor the Town's financial reports, reporting processes and internal controls. Establish a confidential process to receive, investigate and advise the Town Manager and Board of Selectmen about complaints and questions regarding accounting or management practices from Town employees. Report annually to the Board of Selectmen how the Audit Committee discharged its duties and responsibilities for the immediately preceding audit and advise the Board of Selectmen, as appropriate. Subject to the availability of funding, engage financial experts in connection with the performance of its duties under this bylaw. Any other duties that are ordinarily performed by governmental audit committees, whenever necessary or appropriate. (1) (2) (3) (4) (5) (7) ."" Article 37 - Page 3 Section V - Severability If any part of this By-Law shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this By-Law. SPONSOR: Board of Selectmen; Finance Committee ARTICLE 37 - Vote Move the Town vote to amend the Town of Mansfield General By-Laws by adding the following Chapter Twenty-Seven - "Audit Committee": Chapter Twenty-Seven - Audit Committee Section I - Membership There is hereby established in the Town and independent Audit Committee consisting of five (5) members. Such members shall consist of: one (1) current member each from the Board of Selectmen, School Committee and Finance Committee, as designated by the respective chairman thereof, plus two (2) at-large members appointed by the Board of Selectmen *and School Committee jointly. Each at-large membership shall be reserved, whenever possible, for members with expertise, through education and experience, in accounting, auditing, internal control and financial reporting. Each at-large member: (a) must be a resident of the Town and a registered voter; (b) cannot serve on any other Town board, commission or committee or be employed by the Town; and (c) cannot in any way influence or exercise managerial responsibilities that fall within the scope of an audit. Section II - Term Each at-large Audit Committee member shall serve a term for two (2) years, except that one of the initial appointees shall serve for a term of one (1) year and one of the initial appointees shall serve for a term of two (2) years in order to allow one at-large member's term to thereafter expire on an annual basis. The Board of Selectmen shall specify the term of office for each of its initial at-large appointees. All other members shall serve a term of one (1) year. Each membership shall commence on July 1 and shall expire on June 30 of any given calendar year, except that the initial members of the Audit Committee shall be appointed no later than thirty (30) days following receipt of approval of this By-Law from the Office of the Attorney General. The term of the appointments of the initial appointees shall be measured from July 1 sl immediately following such approval. No member's appointment may be rescinded by an appointing authority prior to the expiration of his or her term, except for good cause as determined by the Board of Selectmen in accordance with the procedures set forth in Section 9-7 of the Mansfield Home Rule Charter. Any vacancy occurring in the Audit Committee shall be filled by the appropriate appointing authority for the remainder of the unexpired term. 111 Article 37 - Page 4 Section III - Meetings The Audit Committee shall meet at least two (2) times per year. The annual cycle for Audit Committee business shall coincide with the fiscal year of the Town beginning on July 1 st. At the first meeting of each fiscal year, the Audit Committee shall elect a chairman, vice chairman and secretary from its membership. In the event a vacancy occurs in any of these offices, the Audit Committee shall hold a special meeting for the purpose of electing one (1) of its members to fill such vacancy. Make recommendations to and assist the Town Manager with the selection, terms of Votes of the Audit Committee shall require a majority of those present and voting, with all appointed members entitled to cast a vote. The Audit Committee shall be subject to the Open Meeting Law. Section IV - Duties Subject to the Town Charter, specific duties of the Audit Committee shall include, but are not limited to, the following: (1) relationship, scope of services, and oversight of the work of independent accountant(s) and independent auditor(s) retained to issue independent reports, audits or other services for the Town. (2) Review management letters and similar communications, the Town's response, and implementation of corrective action plans. (3) Review and monitor the Town's financial reports, reporting processes and internal controls. (4) Establish a confidential process to receive, investigate and advise the Town Manager and Board of Selectmen about complaints and questions regarding accounting or management practices from Town employees. (5) Report annually to the Board of Selectmen how the Audit Committee discharged its duties and responsibilities for the immediately preceding audit and advise the Board of Selectmen, as appropriate. (6) Subject to the availability of funding, engage financial experts in connection with the performance of its duties under this bylaw. (7) Any other duties that are ordinarily performed by governmental audit committees, whenever necessary or appropriate. Section V - Severability If any part of this By-Law shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this By-Law. 111 Article 37 - Page 5 * Amendment voted favorably on a majority show of hands vote Main motion as amended Voted favorably - Majority vote - Show of hands A TRUE COpy ATTEST: Helen P. Christian, Town Clerk 111' THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Tow n Oerk Office of the Town Clerk 6 Park Row Mansfiek:l, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 38 To see if the Town will vote to amend the Zoning By-Law to add the following section: 3.6.7.2.6.1 Special Provisions for a Gap in Wireless Coverage, or take any action in relation thereto. The Planning Board is authorized to issue a special permit for a wireless communications facility in accordance with this by-law in districts where a wireless communications facility is otherwise prohibited under the Schedule of Principal Use Regulations subject to the following terms and conditions: a The Planning Board, after public hearing and presentation of substantial evidence by the applicant, determines that a significant gap in wireless coverage exists in a portion of the town,; and that to disallow the location/construction/placement of a wireless communication facility within a zoning district where a wireless communication facility would not be permitted would be an effective prohibition of said use and a violation of Section 704 of the Federal Telecommunications Act of 1996. b An applicant for a significant gap in wireless coverage determination must submit such information as may be required, such as mapping of existing areas of coverage, maps depicting location of wireless coverage gaps, reports, affidavits and other supplemental narrative information from a suitably qualified radio frequency engineer(s) or other industry specialist to clearly demonstrate a gap in coverage exists and there are no other suitable locations for the placement of a wireless communication tower to close the gap. ".. Article 38 - Page 2 The Planning Board may require an applicant for a gap in wireless coverage determination to pay the costs and expenses of an expert or other consultant deemed necessary by the board to provide peer review and comment upon the application. c An application for a special permit relying upon a significant gap in wireless coverage determination shall comply with all applicable requirements of Section 3.6.7, Wireless Communication Towers, and Section 5.5, Special Permits, of the Mansfield Zoning By-Law. SPONSOR: Mansfield Planning Board ARTICLE 38 - Vote Move the Town vote to amend the Zoning By-Law to add the following section: 3.6.7.2.6.1 Special Provisions for a Gap in Wireless Coverage The Planning Board is authorized to issue a special permit for a wireless communications facility in accordance with this by-law in districts where a wireless communications facility is otherwise prohibited under the Schedule of Principal Use Regulations subject to the following terms and conditions: a The Planning Board, after public hearing and presentation of substantial evidence by the applicant, determines that a significant gap in wireless coverage exists in a portion of the town,; and that to disallow the location/construction/placement of a wireless communication facility within a zoning district where a wireless communication facility would not be permitted would be an effective prohibition of said use and a violation of Section 704 of the Federal Telecommunications Act of 1996. b An applicant for a significant gap in wireless coverage determination must submit such information as may be required, such as mapping of existing areas of coverage, maps depicting location of wireless coverage gaps, reports, affidavits and other supplemental narrative information from a suitably qualified radio frequency engineer(s) or other industry specialist to clearly demonstrate a gap in coverage exists and there are no other suitable locations for the placement of a wireless communication tower to close the gap. The Planning Board may require an applicant for a gap in wireless coverage determination to pay the costs and expenses of an expert or other consultant deemed necessary by the board to provide peer review and comment upon the application. ".. Article 38 - Page 3 c An application for a special permit relying upon a significant gap in wireless coverage determination shall comply with all applicable requirements of Section 3.6.7, Wireless Communication Towers, and Section 5.5, Special Permits, of the Mansfield Zoning By-Law. V ote declared unanimously in favor by Moderator - Show of hands A TRUE COpy ATTEST: Helen P. Christian, Town Clerk 111 Helen P. Christian Tow n Oerk THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Office of the TO\m Clerk 6 Park Row Mansfiekl, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 39 A. To see if the Town will vote to amend the Zoning By-Law as follows, or take any action in relation thereto. (changes in bold). 1.5.43 1.5.46 5.4.2 Flood Hazard, Area of Special: The land in the flood plain within the Municipal boundaries of the Town of Mansfield subject to a one percent or greater chance of flooding in any given year. The area is designated as Zone A, /.1, :\2, ,\3, ,\1, ,\6 or ,^.7 and AE on the FIRM dated July 7, 2009. Special Hazard Area: An area having special flood and/or flood related erosion hazards, and shown on the FHBM FIRM as Zone A, ;\1, ,^.2, ,\3, ,\1, :\6 or ,\7 and AE. District Delineation: Flood Plain District is herein established an overlay district. The District includes all special flood hazard areas within the Town of Mansfield designated on the Mansfield as Zone A and AE on the Bristol County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Bristol County FIRM that are wholly or pal1ially within the Town of Mansfield are panel numbers 25005C00181<" 25005C0019Ji" 25005C00361<" 5005C0037F, 25005C0038F, 25005C0039F, 25005C0041F, 25005C0043F, 25005C 0107F, 25005C0126F and 25005C0127F dated Aprill, 1977 .July 7,2009. as Zone ,\, ,\ 1, ,\2, :\3, :\ 1, :\.6, aAd ,\7. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM dated :\pril I, 1977, and as may be amendecl from time to timo by vote of T own Meeting and further defined by the Bristol County Flood Insurance Study (FIS) report dated Oetober 1976 July 7,2009. The FIRM and FIS report are is incorporated herein by reference and is-are on file with the Town Clerk, Planning Board, aOO Building Inspeetor Official and Conservation Com mission. ".. Article 39 - Page 2 5.4.2.1 Floodway Data: In Zone A the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base discharge. In Zone :\1 30 aFld AE, along watercourses that have not had a regulatory floodway designated, no new construction, substantial improvement, or other development shall be pennitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood. In Zone Al 30 and AE, along watercourses that have regulatory floodways designated eft within the Town of Mansfield on the Bristol County In surance Rate Map or Flood Boundary Map encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. 5.4.2.2.a Notification of Watercourse Alteration: In a riverine situation, the Conservation Commission shall notify the following of any alteration or relocation of a watercourse. * Adjacent Communities *NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Suite &00--600-700, Boston MA 02114- 2104 *NFIP Program Specialist, Federal Emergency Management Agency, Region 1, 99 High Street, 6th Floor, Boston, MA 02110 5.4.3 Use Regulations: The Flood Plain District is established as an overlay district to all other districts. All development, including structural and non-structural activities, whether pennitted by right or by special penn it, must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the requirements of the Massachusetts State Building Code, Section (Section 780 CMR ~120.G, "Flood Resistant Construction and Construction in Coastal Dunes"); Wetlands Protection Regulations, (Department of Environmental Protection (DEP) 310 CMR 10.00); Inland Wetlands Restrictions (DEP, 310 CMR 13.00); and Minimum Requirements for the Subsurface Disposal of Sanitary Sewage DEP (310 CMR 15, Title 5) and as may be amended from time to time, pertaining to construction in the floodplain. B. And Move the Town vote to adopt the revised Flood Insurance Rate Map, Bristol County, Massachusetts, dated July 7, 2009. (Mansfield is shown on panel numbers 25005C0018F,25005C0019F, 25005C0036F,25005C0037F, 25005C 0038F,25005C0039F, 25005C0041F, 25005C0043F, 25005COI07F, 25005C0126F and 25005COI27F.) SPONSOR: Mansfield Planning Board - ARTICLE 39 - Vote A. Move the Town vote to amend the Zoning By-Law as follows (changes in bold). 1.5.43 1.5.46 5.4.2 5.4.2.1 Flood Hazard, Area of Special: The land in the flood plain within the Municipal boundaries of the Town of Mansfield subject to a one percent or greater chance of flooding in any given year. The area is designated as Zone A, :\1, ,^.2, :\3, ,^.1, ;\6 or A7 and AE on the FIRM dated July 7, 2009. Special Hazard Area: An area having special flood and/or flood related erosion hazards, and shown on the FHBM FIRM as Zone A, ,^.1, ,'\2, ,^.3, ,'\1, ,^.6 or A 7 and AE. District Delineation: Flood Plain District is herein established an overlay district. The District includes all special flood hazard areas within the Town of Mansfield designated on the Mansfield as Zone A and AE on the Bristol County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Bristol County FIRM that are wholly or partially within the Town of Mansfield are panel numbers 25005C0018F, 25005C0019F, 25005C0036F, 5005C0037F, 25005C0038F, 25005C0039F, 25005C0041F, 25005C0043F, 25005COI07F, 25005C0126F and 25005C0127F dated April 1, 1977 July 7, 2009. as Zone '^" 1\1, .'\2, A3, A1, ,'\6, and A7. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM dated ,^.pril 1, 1977, and as may be amended from time to time by yote of T OVlR Meeting and further defined by the Bl'istol County Flood Insurance Study (FIS) report dated October 1976 July 7,2009. The FIRM and FIS reports are is incorporated herein by reference and ts.-arc on file with the Town Clerk, Planning Board, atld Building Inspector Officials and the Conservation Commission. Floodway Data: In Zone A the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base discharge. In Zone Al 30 and AE, along watercourses that have not had a regulatory floodway designated, no new construction, substantial improvement, or other development shall be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood. In Zone ,^.1 30 and AE, along watercourses that have regulatory floodways designated 00 within the Town of Mansfield on the Bristol County In surance Rate Map or Flood Boundary Map encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. ".. Article 39 - Page 3 5.4.2.2.a Notification of Watercourse Alteration: In a riverine situation, the Conservation Commission shall notify the following of any alteration or relocation of a watercourse. * Adjacent Communities *NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Suite 800-600-700, Boston MA 02114- 2104 *NFIP Program Specialist, Federal Emergency Management Agency, Region 1, 99 High Street, 6th Floor, Boston, MA 02110 5.4.3 Use Regulations: The Flood Plain District is established as an overlay district to all other districts. All development, including structural and non-structural activities, whether permitted by right or by special permit, must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the requirements of the Massachusetts State Building Code, Section (Section 780 CMR ~120.G, "Flood Resistant Construction and Constl'Uction in Coastal Dunes"); Wetlands Protection Regulations, (Department of Environmental Protection (DEP) 310 CMR 10.00); Inland Wetlands Restrictions (DEP, 310 CMR 13.00); and Minimum Requirements for the Subsurface Disposal of Sanitary Sewage DEP (310 CMR 15, Title 5) and as may be amended from time to time, pertaining to construction in the floodplain. B. And Move the Town vote to adopt the revised Flood Insurance Rate Map, Bristol County, Massachusetts, dated July 7, 2009. (Mansfield is shown on panel numbers 25005COOI8F,25005COOI9F, 25005C0036F, 25005C0037F,25005C 0038F,25005C0039F, 25005C0041F, 25005C0043F, 25005COI07F, 25005C0126F and 25005COI27F.) V ote declared unanimously in favor by Moderator - Show of hands A TRUE COpy ATTEST: Helen P. Christian, Town Clerk ".. THE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD f-Jeen P. Christian Tow n Oerk Office of the Town Clerk 6 Park Row Mansfiekl, Massachusetts 02048 Tel. (508) 261-7345 - Fax. (508) 261-1083 To Whom It May Concern: This is to certify that the following is a vote taken at the June 16, 2009 session of the April 14, 2009 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 40 To see if the Town will vote to amend Chapter 15: CONSERVATION COMMISSION RULES AND REGULATIONS: TOWN OF MANSFIELD WETLAND PROTECTION BY-LA W by amending SECTION 2: JURISDICTION, PARAGRAPH 2.5; or take any action in relation thereto. 2.5: The following activities may be permitted within 25' of a bordering vegetated wetland: the creation of wetland replacement or mitigation areas, installment of drainage outfalls, grading work associated with additions to existing single family homes, work on existing commercial or industrial facilities that have a de minimis impact to the wetland resource area and its' function and value, the maintenance and construction of trails, resource improvement projects, such as cleaning of streams or the creation of park areas. These exceptions will be reviewed on a case by case basis. SPONSOR: Mansfield Conservation Commission ARTICLE 40 - Vote Move the Town vote to amend Chapter 15: CONSERVATION COMMISSION RULES AND REGULATIONS: TOWN OF MANSFIELD WETLAND PROTECTION BY- LAW by amending SECTION 2: JURISDICTION, PARAGRAPH 2.5; 2.5: The following activities may be permitted within 25' of a bordering vegetated wetland: the creation of wetland replacement or mitigation areas, installment of drainage outfalls, grading work associated with additions to existing single family homes, work on existing commercial or industrial facilities that have a de minimis impact to the wetland resource area and its' function and value, the maintenance and construction of trails, resource improvement projects, such as cleaning of streams or the creation of park areas. These exceptions will be reviewed on a case by case basis. ".. Article 40 - Page 2 Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk 111