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HomeMy WebLinkAboutAnnual T.M. 04/13/2004 Helen P. Christian Town Oerk TIlE COMMONWEALTH OF MASSAClIDSElTS 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 May 18,2004 session of the April 13, 2004 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 To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $31,018,882.15 to defray the expenses of the Municipal Town departments, as further described below for the ensuing 12-month period beginning July 1,2004: Raise and Appropriate Transfer from Available Funds: Wetlands Protection Act Betterment Fund Water Operations Wastewater Operations Electric Department Total $29,157,184.15 6,000.00 21,223.00 564,650.00 643,287.00 626.538.00 $31,018,882.15 Or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 1- Vote Move the Town vote to raise and appropriate or transfer from available funds the sum of $29,865,072.38 to defray the expenses of the Municipal Town departments, as further described below for the ensuing 12-month period beginning July 1,2004: . Raise and Appropriate Transfer from Available Funds: Stabilization $27,433,728.38 568,000.00 Article 1 - Page 2 Wetlands Protection Act 6,000.00 Betterment Fund 21,223.00 Water Operations 567,786.00 Wastewater Operations 662,017.00 Electric Department 606.318.00 Total $29,865,072.38 Selectmen Other Expenses 96.600.00 Total 96,600.00 Town Manager Personal Services 219,761.17 Other Expenses 46.750.00 Total 266,511.17 Data/Finance Personal Services 248,387.36 Other Expenses 60,640.00 Capital Outlay 100.00 Total 309,127.36 Accountant Personal Services 128,991.99 Other Expenses 28.200.00 Total 157, 191.99 Assessor Personal Services 162,359.92 Other Expenses 12.700.00 Total 175,059.92 Personnel Other Expenses 12.850.00 Total 12,850.00 Article 1 - Page 3 Data Processing Personal Services Other Expenses Capital Outlay Total 157,354.57 106,750.00 22,000.00 286,104.57 Town Clerk Personal Services Other Expenses Total 129,153.61 32.783.57 161,937.18 Conservation Personal Services Other Expenses Total 64,412.65 900.00 65,312.65 Planning Board , Personal Services Other Expenses Total 119,078.78 1.850.00 120,928.78 Zoning Board of Appeals Personal Services Other Expenses Total 7,700.00 450.00 8,150.00 Boards/Commissions Other Expenses Total 2.330.00 2,330.00 Municipal Building Committee Personal Services 26,122.34 Other Expenses 1.400.00 Total 27,522.34 Article 1 - Page 4 Public Buildings Personal Services Other Expenses Capital Outlay Total 182,294.18 248,794.00 0.00 431,088.18 Police Personal Services Other Expenses Capital Outlay Total 2,331,301.69 254,336.00 56.000.00 2,641,637.69 Fire Personal Services Other Expenses Capital Outlay Total 2,012,971.63 135,350.00 30.000.00 2,178,321.63 Emergency Medical Services Personal Services 334,220.00 Other Expenses 53,400.00 Capital Outlay 2.500.00 Total 390,120.00 Dispatchers Personal Service Other Expenses Capital Outlay Total 424,306.00 14,000.00 1.000.00 439,306.00 Building Inspector Personal Services Other Expenses Total 206,851.78 8.457.00 215,308.78 Article 1 - Page 5 Emergency Management Personal Services 3,000.00 Other Expenses 38,950.00 Capital Outlay 3.950.00 Total 45,900.00 Traffic Control Personal Services 12.608.00 Total 12,608.00 Town Exp for Education Personal Services 20.000.00 Total 20,000.00 Engineering Personal Services 184,301.79 Other Expenses 10.780.00 Total 195,081.79 D.P.W. Administration Personal Services 220,148.22 Other Expenses 1,700.876.00 Capital Outlay 5.131.00 Total 1,926,155.22 Highway Personal Services 695,324.06 Other Expenses 459,070.00 Capital Outlay 24.800.00 Total 1,179,194.06 Winter Maintenance 188,140.00 Article 1 - Page 6 Wastewater Personal Services 698,125.00 Other Expenses 780,655.00 Capital Outlay 82,500.00 Debt 211,061.91 Internal Services 662.017.00 Total 2,434,358.91 Health Personal Services 90,251.38 Other Expenses 22.276.00 Total 112,527.38 Right to Know Personal Services 3,000.00 Other Expenses 4.00 Total 3,004.00 Senior Citizens Personal Services 203,719.18 Other Expenses 40.073.00 Total 243,792.18 Veterans Services Personal Services 41,703.90 Other Expenses 42.175.00 Total 83,878.90 Social Services Personal Services 52,106.48 Other Expenses 11.975.00 Total 64,081.48 Library Personal Services 320,732.07 Other Expenses 172.807.00 Total 493,539.07 Article 1 - Page 7 ParkslRecreation Personal Services Other Expenses Total 110,390.50 22.570.00 132,960.50 Historical Commission Other Expenses Total 1.500.00 1,500.00 Insurance Town Insurance Employee Benefits Total 712,785.00 8.157.080.00 8,869,865.00 Debt Principal Interest Total 3,516,352.09 2.083.718.05 5,600,070.14 Miscellaneous Reserve Fund Revaluation 98,007.51 120,000.00 55,000.00 Sub Total 29,865,072.38 Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator A TRUE COPY ATTEST: Helen P. Christian, Town Clerk Helen P. Christian Town Oerk TIffi COMMONWEALTII OF MASSACHUSETTS TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mansfieli, 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 May 18, 2004 session of the April 13, 2004 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 $32,580,708 to defray the expenses of the Mansfield Public School System for the ensuing 12-month period beginning July 1,2004 as follows: Salaries Goods and Services TOTAL $25,204,000.00 7.376.708.00 $32,580,708.00 Or take any action in relation thereto. SPONSOR: School Committee ARTICLE 2- Vote Move the Town vote to raise and appropriate the sum of $30,468,000 and transfer from stabilization the sum of $512,000 for a total of $30,980,000.00 to defray the expenses of the Mansfield Public School System for the ensuing 12-month period beginning July 1, 2004 as follows: Salaries Goods and Services TOTAL $24,566,386.00 6.413.614.00 $30,980,000.00 Voted favorably - Vote passes on a show of hands - 2/3 vote declared by Moderator A TRUE COPY ATTEST: Helen P. Christian, Town Clerk .,..-.... TIffi COMMONWEALTH OF MASSACHUSETTS TOWN OF MANSFIELD t-Jelen P. Clv"istian Tow n Oerk Office of the Town Clerk 6 Park Row MansfuH, 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 May 18, 2004 session of the April 13, 2004 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 3 To see if the Town will vote that the income from the sale of electricity to private consumers or for electricity supplies to municipal buildings or for municipal power and street lights, together with receipts from jobbing accounts, be appropriated for the Municipal Electric Department, the whole or any part to be expended by the Manager of the Municipal Electric Department under the direction and control of the Board of Selectmen as Municipal Light Commissioners, for expenses of the Department for FY2005, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 3 - Vote Move the Town vote that the income from the sale of electricity to private consumers or for electricity supplies to municipal buildings or for municipal power and street lights, together with receipts from jobbing accounts, be appropriated for the Municipal Electric Department, the whole or any part to be expended by the Manager of the Municipal Electric Department under the direction and control of the Board of Selectmen as Municipal Light Commissioners, for expenses of the Department for FY2005. Voted 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 Mansfuli, MassaclnIsetts 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 May 18,2004 session of the April 13, 2004 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 4 To see if the Town will vote to raise from water enterprise revenue or transfer from available funds the sum of$3,396,351.28 to defray the expenses of the Water Enterprise, as further described below for the ensuing 12-month period beginning July 1,2004. Raise from Revenue Transfer from General Fund Total $3,298,343.77 98.007.51 $3,396,351.28 Water Personal Services Other Expenses Capital Outlay Debt Internal Services Reserve Fund Total 672,223.00 954,366.00 163,731.00 1,016,381.28 564,650.00 25.000.00 3,396,351.28 Or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 4 - Vote Move the Town vote to raise and appropriate from water enterprise revenue or transfer from available funds the sum of $3,291,570.91 to defray the expenses of the Water Enterprise, as further described below for the ensuing 12-month period beginning July 1, 2004 as follows: Article 4 - Page 2 Raise from Revenue Transfer from General Fund Total Water Personal Services Other Expenses Capital Outlay Debt Internal Services Reserve Fund Total $3,193,563.40 98.007.51 $3,291,570.91 676,756.63 847,734.00 143,731.00 1,030,563.28 567,786.00 25.000.00 3,291,570.91 Voted favorably - Majority vote - Show of hands A TRUE COpy ATTEST: Helen P. Christian, Town Clerk t-Jelen P. Christian Town Oerk THE COMMONWEALlH OF MASSACHUSETfS TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mansfieli, 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 May 18,2004 session of the April 13, 2004 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 airport enterprise revenue the sum of $52,010.00 to defray the expenses of the Airport Enterprise, as further described below for the ensuing 12- month period beginning July 1,2004: Airport Personal Services Other Expenses Capital Outlay Debt Internal Services Reserve Fund Total 1,500.00 14,200.00 34,810.00 0.00 1,500.00 0.00 52,010.00 Or take any action in relation thereto. SPONSOR: Airport Commission ARTICLE 5 Move the Town vote to raise and appropriate from airport enterprise revenue the sum of $52,010.00 to defray the expenses of the Airport Enterprise, as further described below for the ensuing 12-month period beginning July 1,2004: Airport Personal Services Other Expenses Capital Outlay 1,500.00 14,200.00 29,810.00 Article 5 - Page 2 Debt Internal Services Reserve Fund Total 0.00 1,500.00 5.000.00 52,010.00 Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk t-Jelen P. Clv"istian Tow n Oerk 1HE COMMONWEALTH OF MASSACHUSETTS TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row MansfuH, 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 May 18, 2004 session of the April 13, 2004 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 and appropriate, borrow or transfer from available funds the sum of $245,751 to defray the expenses of the Southeastern Regional School District for the ensuing 12-month period beginning July 1, 2004, or take any action in relation thereto. SPONSOR: Board of Selectmen Article 6 - Vote Move the Town vote to raise and appropriate from available funds the sum of $245,751 to defray the expenses of the Southeastern Regional School District for the ensuing 12- month period beginning July 1,2004. Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk THE COMMONWEALTH OF MASSACHUSETTS Helen P. Clv"istian Tow n Oerk TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row MansfuH, 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 May 18, 2004 session of the April13, 2004 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 and appropriate or transfer from available funds the sum of $15,000 for a Household Hazardous Waste Collection, or take any action in relation thereto. SPONSOR: Board of Health ARTICLE 7 - Vote Move the Town vote to raise and appropriate the sum of $15,000 for a Household Hazardous Waste Collection. Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk THE COMMONWEALTH OF MASSACHUSEITS Helen P. Clv"lstian Tow n Oerk TOWN OF MANSFIELD Office of the Town Clerk: 6 Park Row ~H,~~~~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 May 18, 2004 session of the April 13, 2004 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 authorize the Building Inspector's Department to establish for Fiscal Year 2005 a Revolving Inspection Account in accordance with M.G.L. Chapter 44, Section 53E~ for the collection of 65% of electrical, mechanical, gas and plumbing inspection fees, (the remaining 35% to be credited to General Fund estimated receipts) and to authorize expenditures of up to $150,000 in payment to inspectors performing these inspections, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 8 - Vote Move the Town vote to authorize the Building Inspector's Department to establish for Fiscal Year 2005 a Revolving Inspection Account in accordance with M.G.L. Chapter 44, Section 53E~ for the collection of 65% of electrical, mechanical, gas and plumbing inspection fees, (the remaining 35% to be credited to General Fund estimated receipts) and to authorize expenditures of up to $150,000 in payment to inspectors performing these inspections. Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk THE COMMONWEALlH OF MASSACHUSETTS Helen P. Christian Tow n Oerk TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mans&H, 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 May 18, 2004 session of the April 13, 2004 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 9 To see if the Town will vote to authorize the Police Department to establish for Fiscal Year 2005 a Revolving Firearms License and Permit Fees Account in accordance with M.G.L. Chapter 44, Section 53E~ to receive 50% of firearms license and permit fees, and to authorize expenditures of up to $5,000 from such fund to pay the expenditures and wages involved in the issuance of said licenses and permits, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 9 - Vote Move the Town vote to authorize the Police Department to establish for Fiscal Year 2005 a Revolving Firearms License and Permit Fees Account in accordance with M.G.L. Chapter 44, Section 53E~ to receive 50% of firearms license and permit fees, and to authorize expenditures of up to $5,000 from such fund to pay the expenditures and wages inyolved in the issuance of said licenses and permits. Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk TIlE COMMONWEALTH OF MASSACHUSEITS t-Jelen P. ClTistian Tow n Oerk TOWN OF MANSFIELD Office 0 f the Town Clerl<: 6 Park Row Mansfeki, Ma$acln1setts 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 May 18, 2004 session of the April 13, 2004 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 authorize the Department of Public Works to establish for Fiscal Year 2005 a Revolving Home Compost Bin Account in accordance with M.G.L. Chapter 44, Section 53E~ for the collection of proceeds from the sale of home compost bins and to authorize expenditures of up to $1,000 for the purchase of these bins, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 10- Vote Move the Town vote to authorize the Department of Public Works to establish for Fiscal Year 2005 a Revolving Home Compost Bin Account in accordance with M.G.L. Chapter 44, Section 53E~ for the collection of proceeds from the sale of home compost bins and to authorize expenditures of up to $1,000 for the purchase of these bins. Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk TIIE COMMONWEALlli OF MASSACHUSETTS Helen P. Clv"istian Tow n Oerk TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mansfuli, 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 May 18, 2004 session of the April 13, 2004 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 11 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, 37 A, 41 C of Section 5 of Chapter 59 of the General Laws, or take any action in relation thereto. SPONSOR: Board of Assessors ARTICLE 11 Move 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, 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 COMMONWEALTII OF MASSACHUSEITS Helen P. CMstial Town Oerk TOWN OF MANSFIELD Office of the Town Cletk 6 Park Row MansfuH, MassaclDsetts 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 May 18, 2004 session of the April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High School Auditoriwn, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 13 To see if the Town will vote to raise and appropriate, borrow or transfer from available funds a sum of money for various Capital Improvement Projects for the Mansfield Public Schools, or take ~y action in relation thereto. SPONSOR: School Committee ARTICLE 13 - Vote Move the Town vote to appropriate Two Hundred Fifty Thousand Dollars ($250,000) for the replacement of the roof at the Robinson School and Forty-four Thousand Two Hundred Dollars ($44,200) for the replacement of the roof at the Roland Green School for a total of Two Hundred Ninety-four Thousand, Two Hundred Dollars ($294,200); and to meet this appropriation the following loan order is authorized. Voted: that Two Hundred Ninety-four Thousand, Two Hundred Dollars ($294,200) is appropriated for the replacement of the roofs for Roland Green and Robinson Schools; . and to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow Two Hundred Ninety-four Thousand, Two Hundred Dollars ($294,200) under M.G.L. Chapter 44 or any other enabling authority; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project Vote declared unanimously in favor by Moderator - Show of hands A TRUE COPY: ATTEST: Helen P. Christian, Town Clerk , 1HE COMMONWEALTII OF MASSACHUSEITS TOWN OF MANSFIELD t-Jelen P. Christian Town Oerk Office of the Town Clerk 6 Park Row Mansfuli, 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 May 18, 2004 session of the April 13, 2004 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 raise and appropriate, borrow or transfer from available funds a sum of money for various Capital Improvements Projects for the Department of Public WorkslHighway Division, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 14- Vote Move the Town vote to appropriate One Hundred Twenty Thousand Dollars ($120,000) for the purchase of a Street Sweeper; and to meet this appropriation the following loan order is authorized. Voted: that One Hundred Twenty Thousand Dollars ($120,000) is appropriated for the purchase of a Street Sweeper; and to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow One Hundred Twenty Thousand Dollars ($120,000) under M.G.L. Chapter 44 or any other enabling authority; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project. Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator A TRUE COPY ATTEST: Helen P. Cbristi~ Town Clerk TIffi COMMONWEALlH OF MASSACHUSEITS t-Jelen P. Christian Tow n Oerk TOWN OF MANSFIELD Office 0 f the Town Cleric 6 Park Row MansfuH, Massach.Jsetts 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 May 18, 2004 session of the April 13, 2004 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 raise and appropriate, borrow or transfer from available funds a sum of money for various Capital Improvements Projects for the Department of Public Works/Public Buildings Division, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 15 - Vote Move the Town vote to appropriate One Hundred Sixty Thousand Dollars ($160,000) for the Replacement of the Heating/V entilationl Air Conditioning System at the Police Station; and to meet this appropriation the following loan order is authorized. Voted: that One Hundred Sixty Thousand Dollars ($160,000) is appropriated for the Replacement of the HeatingIV entilationl Air Conditioning System at the Police Station; and to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow One Hundred Sixty Thousand Dollars ($160,000) under M.G.L. Chapter 44 or any other enabling authority; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project. Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator A TRUE COPY ATTEST: Helen P. Christian, Town Clerk TIffi COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD t-Jelen P. ClYistian Town Oerk Office of the Town Clerk 6 Park Row Mansfieli, 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 May 18, 2004 session of the April 13, 2004 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, borrow or transfer from available funds the sum of $63,000 for various Capital Improvements Projects for the Water Division, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 17 - Vote Move the Town vote to appropriate from Water Enterprise Retained Earnings the sum of $63,000 for Water Main Improvements for the Water Division. Water main design for the following location: 12,800 linear feet of 8-inch ductile iron [Dl] water main in Ware Street between Essex Street and East Street to replace the existing 6-inch asbestos cement [AC] pipe; 3,200 linear feet of6-inch [AC] water main in Essex Street between Mill Street and Ware Street with 8-inch [DI] pipe and to design a new 8-inch [Dl] water main connecting Necco Road and Monahan Lane. Design Cost: $63,000 Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk TIffi COMMONWEALlH OF MASSACHUSElTS 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 May 18, 2004 session of the April 13, 2004 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 18 To see if the Town will vote to raise and appropriate, borrow or transfer from available funds a sum of money for Capital Improvement Projects for the Wastewater Treatment Plant, or take any action in relation thereto. SPONSOR: Capital Improvements Committee ARTICLE 18 - Vote Move the Town vote to transfer from the Wastewater Depreciation Trust Fund the amount of $1.2 million for Electrical Switch Gear Improvements for the Wastewater Treatment Plant. Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk TIlE COMMONWEALTII OF MASSACHUSETTS TOWN OF MANSFIELD t-Jelen P. Christian Town Oerk Office of the Town Clerk 6 Park Row MansfieH,Nmss~~02M8 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 May 18,2004 session of the April 13, 2004 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 19 To see if the Town will vote to raise and appropriate, borrow or transfer from available funds a sum of money for various Capital Improvement Projects for the Engineering Department for the following projects: · Inflow & Infiltration Reduction (1&1) · Small Bridge Inspections · Owner Registration and Inspection of Dams · Hope Street Drainage Or take any action in relation thereto. SPONSOR: Capital Improvements Committee ARTICLE 19 - Vote Move the Town vote to transfer from the Wastewater Depreciation Trust Fund One Hundred Fifty Thousand Dollars ($150,000) and appropriate One Hundred Fifty Thousand Dollars ($150,000) for the Construction and/or Reconstruction of Inflow and Infiltration Sewer Improvements; and to meet this appropriation the following loan order is authorized. Voted: that One Hundred Fifty Thousand Dollars ($150,000) is appropriated for the Construction and/or Reconstruction of Inflow and Infiltration Sewer Improvements; and to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow One Hundred Fifty Thousand Dollars ($150,000) under M.G.L. Article 19 - Page 2 Chapter 44 or any other enabling authority; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project. Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator ;,. A TRUE COPY ArrEST: Helen P. Christian, Town Clerk t-Jelen P. Christian Tow n Oerk lliE COMMONWEALTH OF MASSACHUSETfS TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row ~H, Masc;acillsetts 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 May 18, 2004 session of the April 13, 2004 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 Fire Department, or take any action in relation thereto. SPONSOR: Capital Improvements Committee ARTICLE 20 - Vote Move the Town vote to appropriate Seventy-five Thousand Dollars ($75,000) for the Purchase of Air Packs and Thirty-two Thousand Dollars ($32,000) for the purchase of a Four-Wheel Drive Vehicle for the Fire Department for a total of One Hundred Seven Thousand Dollars ($107,000); and to meet this appropriation the following loan order is authorized. Voted: that One Hundred Seven Thousand Dollars ($107,000) is appropriated for the Purchase of Air Packs and a Four-Wheel Drive Vehicle for the Fire Department; and to meet this appropriation the TrtaSUfer with the approval of the Board of Selectmen is authorized to borrow One Hundred Seven Thousand Dollars ($107,000) under M.G.L. Chapter 44 or any other enabling authority; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator A TRUE COpy ATTEST: Helen P. Christian, Town Clerk TIIE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Town 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 May 18, 2004 session of the April 13, 2004 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 24 To see if the Town will vote in accordance with the fourth paragraph of M.G.L. c. 71, ~ 16B, to reallocate the sum of their required contribution to the Southeastern Regional Vocational-Technical School (the "District") in accordance with the District's regional agreement or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 24- Vote Move the Town vote in accordance with the fourth paragraph ofM.G.L. c. 71, ~16B, to reallocate the sum of their required contribution to the Southeastern Regional Vocational- Technical School (the "District") in accordance with the District's regional agreement. Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk 1HE COMMONWEAL1H OF MASSACHUSETTS t-Jelen P. Christian Tow n Oerk TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mansfekl, MassachIsetts 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 May 18,2004 session of the April 13, 2004 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 26 To see if the Town will vote to raise and appropriate, borrow or transfer from available funds the sum of $120,000 and to authorize the purchase of 1.25+/- acres of land located on Campbell Street for a proposed assisted living facility, and to purchase said land, the Town is authorized to borrow under M.G.L., Chapter 44, or take any action in relation thereto. ARTICLE 26 - Vote Move that the Town appropriate $125,000.00 for the acquisition of approximately 1.25 acres of land situated on the easterly side of Route 140 in Mansfield, Bristol County, Massachusetts bounded as follows: Northerly By land now or formerly of Currivan Comer Realty Trust, 289 +/- feet, Easterly By land now or formerly of Anna Prohodsky and land now or formerly of Richard and Michaela Walsh, 191 +/- feet, Southerly By land of the Commonwealth of Massachusetts, 240 +!- feet, and Westerly By Route 140, 225 +/- feet and that to meet this appropriation, the Treasurer with the approval of the Board of Selectmen, is authorized to borrow $125,000.00 under M.G.L. Chapter 44 or under M.G.L. Chapter 121B or under any other enabling authority. Vote declared unanimously in favor by Moderator - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk Helen P. Clv"istian Tow n Oerk THE COMMONWEALTII OF MASSACHUSETTS TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mansfieli, Massaclmsetts 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 May 18, 2004 session of the April 13, 2004 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 27 To see if the Town will vote to amend the Home Rule Charter, Article 5-Appointed Town Officials, Section 5-3 to read as follows: "Said board shall be made up of seven regular members and two alternate members appointed for terms of five years such that no more than two terms shall expire in anyone year." or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 27 - Vote Move the Town vote to amend the Home Rule Charter, Article 5-Appointed Town Officials, Section 5-3 to read as follows: "Said board shall be made up of seven regular members and two alternate members appointed for terms of five years such that no more than two terms shall expire in anyone year." Voted declared unanimously in favor by Moderator - Show of hand A TRUE COPY ATTEST: Helen P. Christian, Town Clerk ~ ~ THE COMMONWEALTH OF MASSACHUS~IVEI OFFICE OF THE ATTORNEY GENER!i\LCI,fRKS OFfiCE 04 JUN 28 AM 9: 24 WESTERN MASSACHUSETTS DIVISION 1350 MAIN STREET SPRINGFIELD, MASSACHUSETTS 01103-1629 .l1ANSF IELO M At~13)\?tH1Js<ETT S I \VWW.ago.state.ma.us THOMAS F. REILLY ATTORNEY GENERAL June 25, 2004 Helen P. Christian, Town Clerk 6 Park Row Mansfield, MA 02048 Re: Articles 27 and 28 Annual Town Meetin~. April 13. 2004 Vote to Approve Order Proposine Charter Amendments Dear Ms. Christian: Pursuant to the provisions of General Laws Chapter 43B, Section 10, I have reviewed the vote taken under Articles 27 and 28 of the April 13, 2004, annual town meeting. Under these Articles, the town voted to approve an order proposing charter amendments to the voters. Pursuant to the provisions of General Laws Chapter 43B, Section lO[c] the Attorney General is given four (4) weeks from the date of receipt (06/04/04) to render his opinion as to whether the amendments proposed are inconsistent with the laws and constitution ofthe Commonwealth. For the reasons set forth below, we find that both of the proposed amendments conflict with state law for procedural reasons. Under Article 27 changes are proposed to the composition and terms of office of the planning board. Under Article 28 the charter change would be "to eliminate the description of the Director for the Light Department." While the vote under Article 27 purports to amend Section 5-3 with new text, it is left to inference whether all of Section 5-3 is to be replaced with all of the text voted under this Article, or whether only corresponding provisions of existing Section 5-3 are to be replaced with the new text. The new text covers much the same matters as do the second and third sentences of the first of the two paragraphs in Section 5-3. If the latter construction governs, with the new text replacing the second and third sentences of the first of the two paragraphs of Section 5-3, there would be no inconsistency between the amendments proposed and state law. The first sentence of the first paragraph of existing Section 5-3 appears to be a transitional provision serving the'transition from an earlier Special Act Charter to Home Rule Charter which took effect on March 1, 1973. If the former interpretation governs, with the new text replacing all of Section 5-3, there would no inconsistency with state. law; yet it is doubtful whether Town Meeting intended to delete the second full paragraph of the Section which sets out the duties and functions of the planning board. Because the intent ofYown Meeting is inherently uncertain, we conclude that no lawful amendment to the Charter can be proposed to the voters by the vote under Article 27. This is the case because G.L. c. 43B, ~ 11, requires that "[t]he question of approving. . . any revision of or amendment to a charter shall be placed on a written or printed ballot," and the imprecision of the vote is an o /' insufficient guide in fashioning a ballot question with the requisite specificity. It should also be noted that while the proposed amendment would provide for the appointment of "two alternate members" to the planning board, the proposal is silent as to what functions the two new positions are to perfonn, how they are to be designated for service, and administratively how the proposed amendment is to be implemented. Since no provision has been made in the proposed charter amendment for these matters, they could perhaps be dealt with later by by-law or by another proposed charter amendment. . The vote under Article 28 likewise suffers from similar imprecise references to the existing charter. The vote under Article 28 proposes "to eliminate the description of the Director for the Light Department." No guidance is given as to which sections or sections of the charter are to be affected by amendment proposed, although refere~ce is made in Section 7-2 to "Municipal Electric Department Director." The "description" intended for elimination may perhaps be the implicit equivalent of three sentences of Section 7-2, or perhaps even be the entire Section itself. Town Meeting's intent is not clear, leaving us to conclude that no lawful amendment to the Charter can be proposed to the voters by the vote under Article 28. Should the town propose these charter changes at a future town meeting, we suggest that the warrant artic1e(s) make precise reference to the sections of the existing charter affected and set forth explicitly what the amended charter will provide. Very truly yours, 1> : Ro ert W. Ritchie, Assistant Attorney General Director, Municipal Law Unit 1350 Main Street, 4th Floor Springfield, MA 01103-1317 (413) 784-1240, x 116 enc. pc: Town Counsel DHCD H:\WP61\DOCS\TOWNSlMANSFIBL\#2970ChaterAPP.wpd TIffi COMMONWEALTII OF MASSACHUSETTS TOWN OF MANSFIELD Helen P. Christian Tow n Oerk Office 0 f the Town Clerk 6 Park Row Mansfuli, Massaclmsetts 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 May 18, 2004 session of the April 13, 2004 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 28 To see if the Town will vote to amend the Home Rule Charter to eliminate the description of Director for the Light Department, or take any action in relation thereto. Article 28 - Explanation According to Town Counsel, the Charter provision should be removed so that the Charter is not inconsistent with M.G.L. Chapter 164, vesting authority with the Manager of the Light Department. ARTICLE 28 - Vote Move the Town vote to amend the Home Rule Charter to eliminate the description of Director for the Light Department. Vote declared unanimously in favor by Moderator - show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk . . ~ THE COMMONWEALTH OF MASSACHUS1fl&IVEI OFFICE OF THE ATTORNEY GENER1\LC\ FPKS OFf ICE 04 JUN 28 AM 9: 24 WESTERN MASSACHUSETTS DIVISION 1350 MAIN STREET SPRINGFIELD, MASSACHUSETTS 01103-1629 l1ANSF IELO ~~ti~l~I!JTS THOMAS F. REILLY ATIORNEY GENERAL June 25, 2004 Helen P. Christian, Town Clerk 6 Park Row Mansfield, MA 02048 Re: Articles 27 and 28 Annual Town Meetin~. April 13. 2004 Vote to Approve Order Proposin~ Charter Amendments Dear Ms. Christian: Pursuant to the provisions of General Laws Chapter 43B, Section 10, I have reviewed the vote taken under Articles 27 and 28 of the April 13, 2004, annual town meeting. Under these Articles, the town voted to approve an order proposing charter amendments to the voters. Pursuant to the provisions of General Laws Chapter 43B, Section 10[c] the Attorney General is given four (4) weeks from the date of receipt (06/04/04) to render his opinion as to whether the amendments proposed are inconsistent with the laws and constitution of the Commonwealth. For the reasons set forth below, we find that both of the proposed amendments conflict with state law for procedural reasons. Under Article 27 changes are proposed to the composition and terms of office of the planning board. Under Article 28 the charter change would be "to eliminate the description of the Director for the Light Department." While the vote under Article 27 purports to amend Section 5-3 with new text, it is left to inference whether all of Section 5-3 is to be replaced with all of the text voted under this Article, or whether only corresponding provisions of existing Section 5-3 are to be replaced with the new text. The new text covers much the same matters as do the second and third sentences of the first of the two paragraphs in Section 5-3. If the latter construction governs, with the new text replacing the second and third sentences of the first of the two paragraphs of Section 5-3, there would be no inconsistency between the amendments proposed and state law. The first sentence of the first paragraph of existing Section 5-3 appears to be a transitional provision serving the transition from an earlier Special Act Charter to Home Rule Charter which took effect on March 1, 1973. If the former interpretation governs, with the new text replacing all of Section 5-3, there would no inconsistency with state law; yet it is doubtful whether Town Meeting intended to delete the second full paragraph of the Section which sets out the duties and functions of the planning board. Because the intent of Town Meeting is inherently uncertain, we conclude that no lawful amendment to the Charter can be proposed to the voters by the vote under Article 27. This is the case because G.L. c. 43B, ~ 11, requires that "[t]he question of approving. . . any revision of or amendment to a charter shall be placed on a written or printed ballot," and the imprecision of the vote is an o insufficient guide in fashioning a ballot question with the requisite specificity. It should also be noted that while the proposed amendment would provide for the appointment of "two alternate members" to the planning board, the proposal is silent as to what functions the two new positions are to perform, how they are to be designated for service, and administratively how the proposed amendment is to be implemented. Since no provision has been made in the proposed charter amendment for these matters, they could perhaps be dealt with later by by-law or by another proposed charter amendment. The vote under Article 28 likewise suffers from similar imprecise references to the existing charter. The vote under Article 28 proposes "to eliminate the description of the Director for the Light Department." No guidance is given as to which sections or sections of the charter are to be affected by amendment proposed, although reference is made in Section 7-2 to "Municipal Electric Department Director." The "description" intended for elimination may perhaps be the implicit equivalent ofthree sentences of Section 7-2, or perhaps even be the entire Section itself. Town Meeting's intent is not clear, leaving us to conclude that no lawful amendment to the Charter can be proposed to the voters by the vote under Article 28. Should the town propose these charter changes at a future town meeting, we suggest that the warrant article(s) make precise reference to the sections of the existing charter affected and set forth explicitly what the amended charter will provide. Very truly yours, 1) : Ro 'ert W. Ritchie, Assistant Attorney General Director, Municipal Law Unit 1350 Main Street, 4th Floor Springfield, MA 01103-1317 (413) 784-1240, x 116 enc. pc: Town Counsel DHCD H:\WP61 IDOCS\TOWNS\MANSFIELV#2970ChaterAPP. wpd THE COMMONWEALTH OF MASSACHUSETIS Helen P. Clv"istian Tow n Oerk TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row MansfuH, 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 May 18, 2004 session of the April 13, 2004 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 29 To see if the Town will vote to amend the Mansfield General By-Laws by adding a new Chapter Six, Section XIV, entitled "Motorized Vehicles on Conservation and other Town-owned Land" as follows: "Except as provided by statute, it is unlawful to operate unauthorized motorized vehicles [All Terrain vehicles, Dirt Motorcycles, and Snowmobiles] on property under the care and control of the Mansfield Conservation Commission, Water Department, Recreation Commission or Board of Selectmen of the Town of Mansfield. Any person violating this by-law shall be punished by a fine of $50.00 for the first offense and $150.00 for subsequent violations and or criminal prosecution along with restitution of any damage incurred to Town of Mansfield property." or take any action in relation thereto. ARTICLE 29 - Explanation: In the past the Conservation Commission has discussed establishing regulations that would prohibit the use of motorized vehicles on conservation land. The vehicles have ruined some portions of the footpaths that extend through the different conservation properties, especially the Great Woods area and Maple Park. With the addition of new land in the Canoe River watershed, and given the sensitive nature of this land, the need to keep vehicles off the conservation land is even more important. The Commission voted at their 2/9/04 meeting to place a warrant article on the Annual Town Meeting. SPONSOR: Conservation Commission ARTICLE 29 - Vote Move the Town vote to amend the Mansfield General By-Laws by adding a new Chapter Six, Section XIV, entitled "Motorized Vehicles on Conservation and Water Department Land" as follows: Article 29 - Page 2 "Except as provided by statute, it is unlawful to operate unauthorized motorized vehicles [All Terrain vehicles, Dirt Motorcycles, and Snowmobiles] on property under the care and control of the Mansfield Conservation Commission, Water Department, Recreation Commission or Board of Selectmen of the Town of Mansfield. Any person violating this by-law shall be punished by a fine of $50.00 for the first offense and $150.00 for subsequent violations and or criminal prosecution along with restitution of any damage. incurred to Town of Mansfield property." Voted 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 May 18, 2004 session of the April 13, 2004 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 31 To see if the Town will vote to amend the Zoning By-Law to the extent necessary to change Footnote (2) in Schedule 4.2.2, Density and Dimensional Regulations, as follows (changes in bold): Schedule 4.2.2 Density and Dimensional Regulations (2) Business and residential uses may be combined in the same, or separate buildings, provided that in the Business 1 and Business 2 districts retail, office, bank or restaurant uses shall occupy the entire ground floor (see Section 3.7.2). Or take any action in relation thereto. SPONSOR: Planning Board ARTICLE 31 - Vote Move the Town vote to amend the Zoning By-Law to the extent necessary to change Footnote (2) in Schedule 4.2.2, Density and Dimensional Regulations, as follows (changes in bold): Schedule 4.2.2 Density and Dimensional Regulations (2) Business and residential uses may be combined in the same, or separate buildings, provided that in the Business 1 and Business 2 districts retail, office, bank or restaurant uses shall occupy the entire ground floor (see Section 3.7.2). Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator A TRUE COPY ATTEST: Helen P. Christian, Town Clerk TIffi COMMONWEALTH OF MASSACHUSETTS Helen P. Christian Tow n Oerk TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mansfuli, 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 May 18, 2004 session of the April 13, 2004 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 32 To see if the Town will vote to amend the Zoning By-Law to the extent necessary to amend Schedule 4.4.1, Off-Street Parking Schedule (downtown parking) as follows: Schedule 4.4.1, Off-Street Parking and Loading Downtown Parking Existing B 1 Business Use 0 parking spaces per unit Proposed Business Use Bl 1 parking space per 750 sq ft Or take any action in relation thereto. SPONSOR: Planning Board ARTICLE 32 - Vote Move the Town vote to amend the Zoning By-Law to the extent necessary to amend by adding proposed Bl amendment to Schedule 4.4.1, Off-Street Parking Schedule (downtown parking) as follows: Schedule 4.4.1, Off-Street Parking and Loading Land Use Minimum Number of Off- Street Parking Spaces One per 200 square feet of gross floor area General business, or commercial, personal services - barber, hair dresser, and tailor -- department stores, drug stores, variety stores, medical centers, and out In Bl, one per 750 square feet Article 32 - Page 2 patient clinics; banks, bowling alleys, and business professional and other offices less than 25,000 square feet. of gross floor area Voted favorably - Vote passes on a show of hands vote - 2/3 vote declared by Moderator' A TRUE COpy ATTEST: Helen P. Christian, Town Clerk Helen P. Christian Tow n Oerk TIlE 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 May 18,2004 session of the April 13, 2004 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 amend the Zoning By-Law to the extent necessary to amend Section 4.4.4.11, Business 1 Zone Exemption, by deleting the first and second paragraphs and retaining the existing third paragraph, as follows: Section 4.4.4.11, Business 1 Zone Exemption .^JI bHsiBesses proposed fer the BasiBess 1 ZOBe are exempt from the rel.lHiremeBts of off ~eet parkiRg ooless a Sfleeial pennit is reE}Qirea. Saoala the applieant aeeiae to prodae for off stFeet parkiag, it shall be aOlle iB aeeoraaRee v,'itR SeetioB 4.4 of tRe ZOIHRg By Laws. Speeial permit applieatioBs reE}Qire ORe Sflaee for eaeh 5QQ sE}Qafe feet of gross BOB resiaeBtial floor area. All businesses proposed for the Business 1 Zone may be exempted from the off-street loading requirements if in the opinion of the Planning Board, an unsafe traffic condition is not created. Or take any action in relation thereto. SPONSOR: Planning Board ARTICLE 33 - Vote Move the Town vote to amend the Zoning By-Law to the extent necessary to amend Section 4.4.4.11, Business 1 Zone Exemption, by deleting the first and second paragraphs and retaining the existing third paragraph, as follows: Section 4.4.4.11, Business 1 Zone Exemption .^..ll basiBesses proposea for the BasiBess 1 bORe are eJ[empt from tRe re(fl:liremeBts of off stFeet parking l:Hlless a Sfleeial permit is reE}Qirea. Saoala the applieant aeeiae to proy/iae for off street parkiRg, it shall be aOBe iR aeeoraaRee v:ith SeetioR 4.4 of tRe ZeBiBg By Lav.s. Sfleeial flennit aflfllieatisBs fe~re eRe Sf)a6e fer eaeB. 500 s~e feet sf grass FleB resideBtial fleer area. All businesses proposed for the Business 1 Zone may be exempted from the off-street loading requirements if in the opinion of the Planning Board, an unsafe traffic condition is not created. Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator A TRUE COPY ATTEST: Helen P. Christian, Town Clerk TIffi COMMONWEALTH OF MASSACHUSETTS Helen P. Christian Tow n aerk TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mansfuli, 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 May 18, 2004 session of the April 13, 2004 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 amend the Zoning By-Law to the extent necessary to amend Section 4.4.4.3, Business 1 Zone Exemption, to add a second paragraph (shown in bold) as follows: Section 4.4.4.3, Location Required parking spaces and loading spaces shall be on the same lot as the principal use(s) served; or if not reasonably possible, on other property in the same zoning district within 200 feet of the principal building. This 200 feet shall be measured along a public way. Such off-premise parking shall be in possession, by deed or lease, of the owners of the use served. In the Business 1 district, all required parking shall be located at the rear of the principle building. Or take any action in relation thereto. SPONSOR: Planning Board ARTICLE 34 - Vote Move the Town vote to amend the Zoning By-Law to the extent necessary to amend Section 4.4.4.3, Busi:aess 1 ZaBe Bxem.ption, [should be Location] to add a second paragraph (shown in bold) as follows: Section 4.4.4.3, Location Required parking spaces and loading spaces shall be on the same lot as the principal use(s) served; or if not reasonably possible, on other property in the same zoning district within 200 feet of the principal building. This 200 feet shall be measured along a public way. Such off-premise parking shall be in possession, by deed or lease, of the owners of the use served. Article 34 - Page 2 In the Business 1 district, all required parking shall be located at the rear of the principle building. Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator A TRUE COPY ATTEST: Helen P. Christian, Town Clerk Helen P. Christian Tow n Oerk TIffi COMMONWEALTH OF MASSACHUSETTS TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row Mansfuli, 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 May 18, 2004 session of the April 13, 2004 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 35 To see if the Town will vote to authorize the Selectmen to acquire by gift, purchase or eminent domain, land parcels or rights in land parcels to allow for the construction of roadway safety improvements by reconstructing the Otis Street bridge; such parcels of land are situated on both sides of Otis Street, and are shown on plans entitled, "Easements and Landtakings, Otis Street over the Wading River, Bridge Replacement", by Commonwealth Engineers & Consultants, Inc., for the 25% Submission, as dated 11/07/03, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 35 - Vote Move the Town vote to authorize the Selectmen to acquire by gift, purchase or eminent domain, land parcels or rights in land parcels to allow for the construction of roadway safety improvements by reconstructing the Otis Street bridge; such parcels of land are situated on both sides of Otis Street, and are shown on plans entitled, "Easements and Landtakings, Otis Street over the Wading River, Bridge Replacement", by Commonwealth Engineers & Consultants, Inc., for the 25% Submission, as dated 11/07/03. Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator A TRUE COPY ATTEST: Helen P. Christian, Town Clerk Helen P. Christian Tow n Oerk mE COMMONWEAL1H OF MASSACHUSETIS TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row MansfuH, Massach1setts 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 May 18, 2004 session of the April 13, 2004 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 Zoning By-Law to the extent necessary to add a new section to the Bylaw, 6.0, Inclusionary Housing Requirement, and by renumbering existing section 6.0 as 7.0, and by amending the Table of Contents by adding a new Section 6.0 and renumbering existing Section 6.0 Administration, to Section 7.0, Administration. 6.0 INCLUSIONARY HOUSING REQUIREMENT 6.1 Purpose The purposes of the inclusionary housing bylaw are to produce high-quality dwelling units affordable to low- or moderate-income households, to encourage the provision of more housing choices in Mansfield, to promote geographic distribution of affordable housing units throughout the town and avoid over-concentration, to prevent the displacement of 10w- or moderate-income residents of Mansfield, to assist the Town in addressing "local housing need" as defined in G.L. c.40B, Sections 20-23, and to assist the Town in implementing its Affordable Housing Plan. 6.2 Definitions 6.2.1. Accessible: As applied to the design, construction, or alteration of a dwelling unit, accessible housing is a housing unit that can be approached, entered, and used by individuals with mobility impairments. 6.2.2 Affordable Housing Trust Fund: A fund account established and operated by the Town for the exclusive purpose of creating or preserving affordable housing opportunities in the Town of Mansfield. Article 37 - Page 2 6.2.3 Affordable Housing Unit: A dwelling unit that is affordable to and occupied by a low- or moderate-income household, meets the definition of low- or moderate- income housing at 760 CMR.31.02, and is eligible for inclusion in the Chapter 40B Subsidized Housing Inventory through the Local Initiative Program. 6.2.4 Affordable Housing Restriction: A contract, mortgage agreement, deed. restriction, or other legal instrument, acceptable in form and substance to the Town of Mansfield, that effectively restricts occupancy of an affordable housing unit to qualified purchaser or qualified renter, and which provides for administration, monitoring and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period of time allowed by law, so as to be binding on and enforceable against any person claiming an interest in the property. An affordable housing restriction shall be enforceable under the provisions of G.L. c.184, Section 32, and be approved by the Department of Housing and Community Development through the Local Initiative Program. 6.2.5 Dwelling Unit: A dwelling unit or a unit within an assisted living facility. 6.2.6 Local Initiative Program: A program administered by the Massachusetts Department of Housing and Community Development (DHCD) pursuant to 760 CMR 45.00 to develop and implement local housing initiatives that produce low- and moderate-income housing. 6.2.7 Low- or Moderate-Income Household: A household with income at or below 80% of area median income, adjusted for household size, for the metropolitan or non- metropolitan area that includes the Town of Mansfield as determined annually by the U. S. Department of Housing and Urban Development (HOD). 6.2.8 Maximum Affordable Purchase Price or Rent: A selling price or monthly rent, exclusive of utilities, that meets the maximum purchase price or rent guidelines of the Local Initiative Program. 6.2.9 Qualified Purchaser: A low- or moderate-income household that purchases and occupies an affordable housing unit as its principal residence. 6.2.10 Qualified Renter: A low or moderate-income household that rents and occupies an affordable housing unit as a tenant. 6.2.11 Subsidized Housing Inventory: The Department of Housing and Community Development Chapter 40B Subsidized Housing Inventory as provided in 760 CMR 31.04. Article 37 - Page 3 6.3 Applicability 6.3.1 This Bylaw applies to all developments involving the creation of six (6) or dwelling units or six (6) or more lots for residential use. Developments may not be segmented to avoid compliance with this Bylaw. 6.3.2 This Bylaw does not apply to any development for which a complete application' for a special permit, a subdivision of land, or a plan of land that does not require Planning Board approval under G.L. c.41, Section 81P has been submitted to the Town Clerk prior to the adoption of this Bylaw by Town Meeting. 6.4. Mandatory Provision of Affordable Housing Units In any development subject to this Bylaw, the sixth housing unit and every seventh unit thereafter shall be an affordable housing unit. Nothing in this section shall preclude a developer from providing more affordable housing units than required under the provisions of this Bylaw. 6.5. Methods of Providing Affordable Housing Units The Planning Board, in its discretion, may approve one or more of the following methods, or any combination thereof, for the provision of affordable housing units by a development that is subject to this Bylaw. 6.5.1. The affordable housing units may be constructed or rehabilitated on the locus of the development. 6.5.2. The affordable housing units may be constructed or rehabilitated on a locus different than that of the development. The Planning Board, in its discretion, may allow a developer of non-rental dwelling units to develop, construct or otherwise provide affordable units equivalent to those required by this Bylaw in an off-site location in the Town of Mansfield. All requirements of this Bylaw that apply to on-site provision of affordable units shall apply to provision of off-site affordable units. In addition, the location of the off-site units shall be approved by the Planning Board as an integral element of the development review and approval process. 6.5.3. A donation of land may be made in lieu of providing affordable housing units. An applicant may offer, and the Planning Board may accept, subject to approval of the Board of Selectmen, donations of land in fee simple, on- or off-site, that the Planning Board determines are suitable for the construction of affordable housing units. The value of donated land shall be equal to or greater than the value of the Article 37 - Page 4 construction or set-aside of the affordable units. The Planning Board may require, prior to accepting land as satisfaction of the requirements of this Bylaw, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value. 6.5.4. An equivalent fee in lieu of units may be made. The Planning Board, in it& discretion, may allow a developer of non-rental dwelling units to make a cash payment to the Town through its Affordable Housing Trust Fund for each affordable unit required by Section 6.4. The cash payment, or equivalent value in land or buildings, shall be equal to the difference between the median single- family home sale price in Mansfield for the most recent three fiscal years, as determined by the Board of Assessors, and the price of an affordable housing unit for a qualified purchaser, assuming a household size of 1.49 persons per bedroom rounded to the nearest whole person. 6.6. General Provisions 6.6.1. The Planning Board shall be charged with administering this Bylaw and shall promulgate rules and regulations to implement its provisions, including but not limited to submission requirements and procedures, methods of setting the maximum affordable sale price or rent, minimum requirements for a marketing plan, and documentation required by the Town to qualify the affordable housing units for listing on the Chapter 40B Subsidized Housing Inventory. 6.6.2. Affordable dwelling units shall be dispersed throughout the building(s) in a development and shall be comparable to market housing units in terms of location, quality and character, room size, bedroom distribution, and external appearance. 6.6.3. The Planning Board, in its discretion, may require the provision of an accessible unites), up to 5% of the total number of units, and may designate when the unites) shall be provided during the construction process. 6.6.4. The selection of qualified purchasers or qualified renters shall be carried out under a marketing plan approved by the Planning Board. The duration and design of this plan shall reasonably inform all those seeking affordable housing, both within and outside the Town, of the availability of such units. The marketing plan must describe how the applicant will accommodate local preference requirements, if any, established by the Board of Selectmen, in a manner that complies with the nondiscrimination in tenant or buyer selection guidelines of the Local Initiative Program. Article 37 - Page 5 6.6.5. Developers may sell affordable units to the Town of Mansfield, the Mansfield Housing Authority, the Mansfield Housing Corporation, or to any non-profit housing development organization serving Mansfield, in order that such entity may carry out the steps needed to market the affordable housing units and manage the choice of buyers. 6.7. Timing of Construction 6.7.1. Where feasible, affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units or payment of fees in lieu of providing affordable units be delayed beyond the schedule below. Fractions of units shall not be counted. MARKET-RATE UNIT % Up to 30% 30% plus 1 unit Up to 50% Up to 75% 75% plus 1 unit Up to 90% AFFORDABLE HOUSING UNIT % None required At least 10% At least 30% At least 50% At least 70% 100% 6.7.2. Certificates of Occupancy for any market-rate housing units shall be issued at a ratio of Certificates of Occupancy for required affordable housing units or fees paid in lieu of units in accordance with the schedule above. 6.8. Preservation of Affordability; Restrictions on Resale 6.8.1. An affordable housing unit created in accordance with this Bylaw shall be subject to an affordable housing restriction or regulatory agreement that contains limitations on use, resale and rents. The affordable housing restriction or regulatory agreement shall meet the requirements of the Town and the Local Initiative Program, and shall be in force for the maximum period allowed by law. 6.8.2. The affordable housing restriction or regulatory agreement shall be enforceable under the provisions ofG.L. c.184, Section 32. 6.8.3. The Planning Board shall require that the applicant comply with the mandatory provision of affordable housing units and accompanying restrictions on affordability, including the execution of the affordable housing restriction or regulatory agreement. Article 37 - Page 6 6.8.4. All documents necessary to ensure compliance with this Bylaw shall be subject to the review and approval of the Planning Board and, as applicable, Town Counsel. Such documents shall be executed prior to and as a condition of the issuance of any Certificate of Occupancy. 6.9. Severability, Conflict with Other Laws 6.9.1. To the extent that a conflict exists between this Bylaw and other bylaws of the Town of Mansfield, the more restrictive provisions shall apply. 6.9.2. If a court of competent jurisdiction holds any provision of this Bylaw invalid, the remainder of the Bylaw shall not be affected thereby. The invalidity of any section or sections, or parts of any section or sections, of this Bylaw shall not affect the validity of the remaining sections or parts of sections or the other bylaws of the Town of Mansfield. Or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 37 - Vote Move the Town vote to amend the Zoning By-Law to the extent necessary to add a new section to the Bylaw, 6.0, Inclusionary Housing Requirement, and by renumbering existing section 6.0 as 7.0, and by amending the Table of Contents by adding a new Section 6.0 and renumbering existing Section 6.0 Administration, to Section 7.0, Administration. 6.0 INCLUSIONARY HOUSING REQUIREMENT 6.1 Purpose The purposes of the inclusionary housing bylaw are to produce high-quality dwelling units affordable to low- or moderate-income households, to encourage the provision of more housing choices in Mansfield, to promote geographic distribution of affordable housing units throughout the town and avoid over-concentration, to prevent the displacement of 10w- or moderate-income residents of Mansfield, to assist the Town in addressing "local housing need" as defined in G.L. c.40B, Sections 20-23, and to assist the Town in implementing its Affordable Housing Plan. Article 37 - Page 7 6.2 Definitions 6.2.1. Accessible: As applied to the design, construction, or alteration of a dwelling unit, accessible housing is a housing unit that can be approached, entered, and used by individuals with mobility impairments. 6.2.2 Affordable Housing Trust Fund: A fund account established and operated by the. Town for the exclusive purpose of creating or preserving affordable housing opportunities in the Town of Mansfield. 6.2.3 Affordable Housing Unit: A dwelling unit that is affordable to and occupied by a low- or moderate-income household, meets the definition of low- or moderate- income housing at 760 CMR.31.02, and is eligible for inclusion in the Chapter 40B Subsidized Housing Inventory through the Local Initiative Program. 6.2.4 Affordable Housing Restriction: A contract, mortgage agreement, deed restriction, or other legal instrument, acceptable in form and substance to the Town of Mansfield, that effectively restricts occupancy of an affordable housing unit to qualified purchaser or qualified renter, and which provides for administration, monitoring and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period of time allowed by law, so as to be binding on and enforceable against any person claiming an interest in the property. An affordable housing restriction shall be enforceable under the provisions of G.L. c.184, Section 32, and be approved by the Department of Housing and Community Development through the Local Initiative Program. 6.2.5 Dwelling Unit: A dwelling unit or a unit within an assisted living facility. 6.2.6 Local Initiative Program: A program administered by the Massachusetts Department of Housing and Community Development (DHCD) pursuant to 760 CMR 45.00 to develop and implement local housing initiatives that produce low- and moderate-income housing. 6.2.7 Low- or Moderate-Income Household: A household with income at or below 80% of area median income, adjusted for household size, for the metropolitan or non- metropolitan area that includes the Town of Mansfield as determined annually by the U. S. Department of Housing and Urban Development (HUD). 6.2.8. Maximum Affordable Purchase Price or Rent: A selling price or monthly rent, exclusive of utilities, that meets the maximum purchase price or rent guidelines of the Local Initiative Program. Article 37 - Page 8 6.2.9 Qualified Purchaser: A low- or moderate-income household that purchases and occupies an affordable housing unit as its principal residence. 6.2.10 Qualified Renter: A low or moderate-income household that rents and occupies an affordable housing unit as a tenant. 6.2.11 Subsidized Housing Inventory: The Department of Housing and Community Development Chapter 40B Subsidized Housing Inventory as provided in 760 CMR 31.04 6.3 Applicability 6.3.1 This Bylaw applies to all developments involving the creation of six (6) or *more dwelling units or six (6) or more lots for residential use. Developments may not be segmented to avoid compliance with this Bylaw. 6.3.2 This Bylaw does not apply to any development for which a complete application for a special permit, a subdivision of land, or a plan of land that does not require Planning Board approval under G.L. c.41, Section 81P has been submitted to the Town Clerk prior to the adoption of this Bylaw by Town Meeting. 6.4. Mandatory Provision of Affordable Housing Units In any development subject to this Bylaw, the sixth housing unit and every seventh unit thereafter shall be an affordable housing unit. Nothing in this section shall preclude a developer from providing more affordable housing units than required under the provisions of this Bylaw. 6.5. Methods of Providing Affordable Housing Units The Planning Board, in its discretion, may approve one or more of the following methods, or any combination thereof, for the provision of affordable housing units by a development that is subject to this Bylaw. 6.5.1. The affordable housing units may be constructed or rehabilitated on the locus of the development. 6.5.2. The affordable housing units may be constructed or rehabilitated on a locus different than that of the development. The Planning Board, in its discretion, may allow a developer of non-rental dwelling units to develop, construct or otherwise provide affordable units equivalent to those required by this Bylaw in an off-site location in the Town of Mansfield. All requirements of this Bylaw that apply to on-site provision of affordable units shall apply to provision of off-site affordable units. In addition, the location of the off-site units shall be approved by the Planning Board as an integral element of the development review and approval process. Article 37 - Page 9 6.5.3. A donation of land may be made in lieu of providing affordable housing units. An applicant may offer, and the Planning Board may accept, subject to approval of the Board of Selectmen, donations of land in fee simple, on- or off-site, that the Planning Board determines are suitable for the construction of affordable housing units. The value of donated land shall be equal to or greater than the value of the construction or set-aside of the affordable units. The Planning Board may require, prior to accepting land as satisfaction of the requirements of this Bylaw, that the-. applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value. 6.5.4. An equivalent fee in lieu of units may be made. The Planning Board, in its discretion, may allow a developer of non-rental dwelling units to make a cash payment to the Town through its Affordable Housing Trust Fund for each affordable unit required by Section 6.4. The cash payment, or equivalent value in land or buildings, shall be equal to the difference between the median single- family home sale price in Mansfield for the most recent three fiscal years, as determined by the Board of Assessors, and the price of an affordable housing unit for a qualified purchaser, assuming a household size of 1.49 persons per bedroom rounded to the nearest whole person. 6.6. General Provisions 6.6.1. The Planning Board shall be charged with administering this Bylaw and shall promulgate rules and regulations to implement its provisions, including but not limited to submission requirements and procedures, methods of setting the maximum affordable sale price or rent, minimum requirements for a marketing plan, and documentation required by the Town to qualify the affordable housing units for listing on the Chapter 40B Subsidized Housing Inventory. 6.6.2. Affordable dwelling units shall be dispersed throughout the building(s) in a development and shall be comparable to market housing units in terms of location, quality and character, room size, bedroom distribution, and external appearance. 6.6.3. The Planning Board, in its discretion, may require the provision of an accessible unites), up to 5% of the total number of units, and may designate when the unites) shall be provided during the construction process. 6.6.4. The selection of qualified purchasers or qualified renters shall be carried out under a marketing plan approved by the Planning Board. The duration and design of this plan shall reasonably inform all those seeking affordable housing, both within and outside the Town, of the availability of such units. The marketing plan must describe how the applicant will accommodate local preference Article 37 - Page 10 requirements, * established by the Board of Selectmen, in a manner that complies with the nondiscrimination in tenant or buyer selection guidelines of the Local Initiative Program. 6.6.5. Developers may sell affordable units to the Town of Mansfield, the Mansfield Housing Authority, the Mansfield Housing Corporation, or to any non-profit housing development organization serving Mansfield, in order that such entity, may carry out the steps needed to market the affordable housing units and manage the choice of buyers. , 6.7. Timing of Construction 6.7.1. Where feasible, affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units or payment of fees in lieu of providing affordable units be delayed beyond the schedule below. Fractions of units shall not be counted. MARKET-RATE UNIT % Up to 30% 30% plus 1 unit Up to 50% Up to 75% 75% plus 1 unit Up to 90% AFFORDABLE HOUSING UNIT % None required At least 10% At least 30% At least 50% At least 70% 100% 6.7.2. Certificates of Occupancy for any market-rate housing units shall be issued at a ratio of Certificates of Occupancy for required affordable housing units or fees paid in lieu of units in accordance with the schedule above. 6.8. Preservation of Affordability; Restrictions on Resale 6.8.1. An affordable housing unit created in accordance with this Bylaw shall be subject to an affordable housing restriction or regulatory agreement that contains limitations on use, resale and rents. The affordable housing restriction or regulatory agreement shall meet the requirements of the Town and the Local Initiative Program, and shall be in force for the maximum period allowed by law. 6.8.2. The affordable housing restriction or regulatory agreement shall be enforceable under the provisions ofG.L. c.184, Section 32. 6.8.3. The Planning Board shall require that the applicant comply with the mandatory provision of affordable housing units and accompanying restrictions on affordability, including the execution of the affordable housing restriction or regulatory agreement. Article 37 - Page 11 6.8.4. All documents necessary to ensure compliance with this Bylaw shall be subject to the review and approval of the Planning Board and, as applicable, Town Counsel. Such documents shall be executed prior to and as a condition of the issuance of any Certificate of Occupancy. 6.9. Severability, Conflict with Other Laws 6.9.1. To the extent that a conflict exists between this Bylaw and other bylaws of the Town of Mansfield, the more restrictive provisions shall apply. 6.9.2. If a court of competent jurisdiction holds any provision of this Bylaw invalid, the remainder of the Bylaw shall not be affected thereby. The invalidity of any section or sections, or parts of any section or sections, of this Bylaw shall not affect the validity of the remaining sections or parts of sections or the other bylaws of the Town of Mansfield. * Amendment - Voted favorably - Vote passes on a show of hands - 2/3 vote declared by Moderator Main Motion as amended - Voted favorably - Vote passes on a show of hands - 2/3 vote declared by Moderator A TRUE COPY ATTEST: Helen P. Christian, Town Clerk THE COMMONWEALlH OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Tow n Oerk Office of the Town Clerk 6 Park Row MansfieH, Massaclmsetts 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 May 18, 2004 session of the April 13, 2004 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 authorize the Board of Selectmen to submit a petition to the General Court, in substantially the following form: AFFORDABLE HOUSING TRUST FUND SECTION 1. The Town of Mansfield may establish a separate fund to be known as the Affordable Housing Trust Fund for the purpose of creating or preserving affordable housing by (a) the Town of Mansfield or the Mansfield Housing Authority, (b) the Mansfield Housing Corporation or a housing trust, community development corporation, non-profit housing development corporation, or similar entity created under the laws of the commonwealth for the purpose of creating, maintaining or operating affordable housing, or (c) an applicant for affordable housing funds to the United States Department of Housing and Urban Development or the Massachusetts Department of Housing and Community Development, subject to the subsequent approval of funding by that agency. Expenditures from the Affordable Housing Trust Fund shall be authorized by a majority vote of the Board of Selectmen, in consultation with the Mansfield Housing Partnership. SECTION 2. All the expenditures from the fund shall be used for low- or moderate- income housing as defined in section 20 of chapter 40B of the General Laws. The funds may be used to: a) Purchase and improve land for low- or moderate-income housing; b) Acquire and rehabilitate or redevelop existing dwelling units for purchase or rental by low- or moderate-income homebuyers or tenants; c) Acquire, redevelop and convert existing non-residential structures for 10w- or moderate-income housing; Article 38 - Page 2 d) Develop and construct new dwelling units for purchase or rental by low- and moderate-income housing purchasers or tenants; e) Purchase rights of first refusal to acquire existing dwelling units for sale or rental to low- or moderate-income households; f) Provide grants, low-interest loans or deferred payment loans to assist low- or moderate-income homebuyers to purchase a home in the Town of Mansfield; g) Redevelop and convert municipal, school or other public buildings for low- or moderate-income housing. Expenditures shall follow an allocation plan submitted by the Board of Selectmen annually to the Town at the Annual Town Meeting and approved by Town Meeting. The allocation plan may be amended by the Town Meeting at any Special Town Meeting upon a favorable recommendation from the Board of Selectmen. The Board of Selectmen may request the advice of the Mansfield Housing Partnership, the Planning Board and others in developing any allocation plan. The allocation plan shall be a general plan of how funds will be expended during the next fiscal year. It shall also include a report on how funds were spent during the previous fiscal year. All expenditures from the fund, including funds for capital purchases of land or buildings, shall be in accordance with the allocation plan and approved by a majority vote of the Board of Selectmen. SECTION 3. As a means of providing available assets for the fund, all monies received by the Town through the following means shall be paid over to and become a part of the fund for the purposes set forth in this act: a) Cash payments made by developers to the Town pursuant to section 6 of the Mansfield Zoning Bylaw. b) Funds authorized by Town meeting for community housing purposes under chapter.44B, the Community Preservation Act, if the if the town votes to accept section 3 to 7, inclusive of said chapter 44B. c) Gifts, grants, donations, contributions or other cash payments made to and accepted by the Town for the purpose of providing low- or moderate-income housing. d) Any other source of revenue determined by Town Meeting, as allowed by law. SECTION 4. Real property interests purchased or conveyed by the Town under this act shall be in accordance with section 16 of chapter 30B of the General Laws, unless exempt under section 1 of said chapter 30B or under other laws of the Commonwealth. Article 38 - Page 3 The Board of Selectmen may convey, through sale, lease or transfer, real property purchased under this act provided that an affordable housing use restriction as defined in section 31 of chapter 184 of the General Laws is executed with or on behalf of the purchaser or owner of the property and recorded at the Registry of Deeds. The term of the affordable housing use restriction shall be the maximum allowed by law unless a lesser term is authorized in the allocation plan approved by Town meeting. Real property conveyed through sale, lease or transfer to a for-profit or non-profit developer to provide low- or moderate-income rental housing shall be subject to an affordable housing regulatory agreement executed with or on behalf of the developer and the Department of Housing and Community Development SECTION 5. The Town Treasurer shall be the custodian of the fund and shall invest the funds in the manner authorized by sections 55, 55A and 55B of chapter 44 of the General Laws. Any income or proceeds received from the investment of funds shall be credited to and become part of the fund. Or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 38 - Vote Move the Town vote to authorize the Board of Selectmen to submit a petition to the General Court, in substantially the following form: AFFORDABLE HOUSING TRUST FUND SECTION 1. The Town of Mansfield may establish a separate fund to be known as the Affordable Housing Trust Fund for the purpose of creating or preserving affordable housing by (a) the Town of Mansfield or the Mansfield Housing Authority, (b) the Mansfield Housing Corporation or a housing trust, community development corporation, non-profit housing development corporation, or similar entity created under the laws of the commonwealth for the purpose of creating, maintaining or operating affordable housing, or (c) an applicant for affordable housing funds to the United States Department of Housing and Urban Development or the Massachusetts Department of Housing and Community Development, subject to the subsequent approval of funding by that agency. Expenditures from the Affordable Housing Trust Fund shall be authorized by a majority vote of the Board of Selectmen, in consultation with the Mansfield Housing Partnership. SECTION 2. All the expenditures from the fund shall be used for low- or moderate- income housing as defined in section 20 of chapter 40B of the General Laws. The funds may be used to: a) Purchase and improve land for low- or moderate-income housing; Article 38 - Page 4 b) Acquire and rehabilitate or redevelop existing dwelling units for purchase or rental by low- or moderate-income homebuyers or tenants; c) Acquire, redevelop and convert existing non-residential structures for low- or moderate-income housing; d) Develop and construct new dwelling units for purchase or rental by low- and moderate-income housing purchasers or tenants; e) Purchase rights of first refusal to acquire existing dwelling units for sale or rental to low- or moderate-income households; f) Provide grants, low-interest loans or deferred payment loans to assist low- or moderate-income homebuyers to purchase a home in the Town of Mansfield; g) Redevelop and convert municipal, school or other public buildings for low- or moderate-income housing. Expenditures shall follow an allocation plan submitted by the Board of Selectmen annually to the Town at the Annual Town Meeting and approved by Town Meeting. The allocation plan may be amended by the Town Meeting at any Special Town Meeting upon a favorable recommendation from the Board of Selectmen. The Board of Selectmen may request the advice of the Mansfield Housing Partnership, the Planning Board and others in developing any allocation plan. The allocation plan shall be a general plan of how funds will be expended during the next fiscal year. It shall also include a report on how funds were spent during the previous fiscal year. All expenditures from the fund, including funds for capital purchases of land or buildings, shall be in accordance with the allocation plan and approved by a majority vote of the Board of Selectmen. SECTION 3. As a means of providing available assets for the fund, all monies received by the Town through the following means shall be paid over to and become a part of the fund for the purposes set forth in this act: a) Cash payments made by developers to the Town pursuant to section 6 of the Mansfield Zoning Bylaw. b) Funds authorized by Town meeting for community housing purposes under chapter.44B, the Community Preservation Act, if the if the town votes to accept section 3 to 7, inclusive of said chapter 44B. c) Gifts, grants, donations, contributions or other cash payments made to and accepted by the Town for the purpose of providing low- or moderate-income housing. Article 38 - Page 5 d) Any other source of revenue determined by Town Meeting, as allowed by law. SECTION 4. Real property interests purchased or conveyed by the Town under this act shall be in accordance with section 16 of chapter 30B of the General Laws, unless exempt under section 1 of said chapter 30B or under other laws of the Commonwealth. The Board of Selectmen may convey, through sale, lease or transfer, real property purchased under this act provided that an affordable housing use restriction as defined in section 31 of chapter 184 of the General Laws is executed with or on behalf of the purchaser or owner of the property and recorded at the Registry of Deeds. The term of the affordable housing use restriction shall be the maximum allowed by law unless a lesser term is authorized in the allocation plan approved by Town meeting. Real property conveyed through sale, lease or transfer to a for-profit or non-profit developer to provide low- or moderate-income rental housing shall be subject to an affordable housing regulatory agreement executed with or on behalf of the developer and the Department of Housing and Community Development SECTION 5. The Town Treasurer shall be the custodian of the fund and shall invest the funds in the manner authorized by sections 55, 55A and 55B of chapter 44 of the General Laws. Any income or proceeds received from the investment of funds shall be credited to and become part of the fund. Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk THE COMMONWEAI.:rn OF MASSACHUSETIS TOWN OF MANSFIELD Helen P. Christian Tow n Oerk Office 0 f the Town Clerk 6 Park Row Mansfieli, 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 May 18, 2004 session of the April 13, 2004 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 To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for permission to establish the Mansfield Housing Corporation, in substantially the following form: SECTION 1. There is hereby established a nonprofit housing corporation to be known as the Mansfield Housing Corporation, which shall be governed by a board of directors, referred to in this act to as the board. The board shall consist of not less than seven or more than eleven members, who shall be appointed by the board of selectmen of the Town of Mansfield for staggered three-year terms as designated by the board of selectmen, such appointments to be made annually by the board of selectmen on or before July 1. Members shall serve until their successors are appointed and qualified. A majority of the members shall constitute a quorum for the transaction of any business, but any action of the board of directors shall require the affirmative vote of a majority of the entire board. Continuing members may act despite vacancies in the board and for this purpose shall be deemed to constitute a full board. Any vacancy in the board, however occurring, shall be filled by the board of selectmen for the unexpired portion of the term. The first meeting of the corporation shall be called by the chairman pro tern, who shall be designated by the board of selectmen when the initial appointments to the board of directors are made. There shall be elected by and from the board of directors a president, treasurer, secretary/clerk, and any other officers considered necessary by said board. The members of the board of directors shall not receive compensation for the performance of their duties hereunder, but each member shall be reimbursed by the corporation for expenses actually incurred in the performance of his duties. Every reimbursement shall be open to public inspection from and after the requisition therefore. The board of directors shall have the powers to set a fiscal year for the operation of the corporation and to make, amend, or repeal the by-laws in whole or in part. Article 39 - Page 2 The board of directors of the Mansfield Housing Corporation shall exercise its powers and perform its duties for the purpose of investigating and implementing alternatives for providing housing affordable to low- or moderate-income households, for assisting the Town in implementing its affordable housing plan, for providing housing for other households whose needs may be identified from time to time in the town of Mansfield, and for carrying out affordable housing plans, studies and other initiatives on behalf of or in partnership with the Town of Mansfield. The powers and duties of the board as set forth herein are intended to be alternative and supplemental to, and not in limitation of, the powers and duties of the Mansfield Housing Authority established pursuant to chapter 121 B of the General Laws. The liability of the board and its members shall be limited to the same extent as the liability of a public employer and public employees as provided in section 2 of chapter 258 of the General Laws. SECTION 2. (a) The board of directors of the Mansfield Housing Corporation shall have the powers and privileges conferred by the provisions of clauses (a) to (i), inclusive, and clause (k) of section 9 of chapter 156B of the General Laws, and the following powers, but that no such power shall be exercised either in a manner inconsistent with this act or any general or special law, and the board shall not carry on any activity which is not in furtherance of the purposes set forth in this act: 1) to adopt, amend, and repeal corporate by-laws, said by-laws to be subject to the approval of the board of selectmen, for the regulation and conduct of its business including, but not limited to, the call and conduct of its meetings, the number of members which shall constitute a quorum and the mode of voting by proxy; 2) to elect a chairperson and vice-chairperson, each of whom shall be members of the board, and a secretary and a treasurer, who need not be members of the board and who may be the same person. The treasurer shall give bond for the faithful performance of his duties, the cost of which bond shall be paid from funds of the board. The chairperson and in the chairperson's absence, the vice-chairperson shall chair meetings of the board. The secretary shall be the custodian of all books, documents and papers filed with the board and of the minute book or journal of the board; 3) to make and execute all contracts and all other instruments necessary or convenient for the exercise of its power and functions; 4) to acquire or lease, by purchase, gift or otherwise, and to own, hold and use, on such terms and conditions and in such manner as it may deem proper, and to exchange, grant options on, sell, transfer, convey, assign, lease, pledge, mortgage, encumber, grant liens on and security interests or to otherwise dispose of; on such terms and conditions as it may deem proper, real, personal or mixed real and Article 39 - Page 3 personal property or any interest, easements or rights therein and assets or revenues of said board, as may be necessary or appropriate to carry out its purposes; 5) to enter into agreements or other transactions with the commonwealth or a political subdivision or public instrumentality thereof; the United States government or a federal, state or other governmental agency; 6) to act as the Town's designated developer oflow- or moderate-income housing on land owned and controlled by the Town, when authorized to do so by town meeting; 7) to borrow money and to execute notes therefore which shall not be deemed to be debts or obligations of the town of Mansfield, to hold mortgages, and to invest any funds held in reserve funds, or any funds not required for immediate disbursement in such investments as may be lawful for fiduciaries in the commonwealth and said board shall have no stock; 8) to enter into contracts or agreements with, and to employ from time to time, contractors, architects, engineers, consultants, attorneys, accountants, construction, financial and other experts, superintendents, managers and such other agents and employees as may be necessary in its judgment and to fix their compensation; 9) to receive and hold funds appropriated by the town and other funds, property, labor and other things of value from any source, public or private by gift, grant, bequest, loan or otherwise, either absolutely or in trust, and to expend or utilize the same on behalf of said board for any of its purposes or to act as an agent or conduit in administering or disbursing funds or financial or other aid from any source; 10) to appear in its own behalf before boards, commissions, departments or other agencies of government, municipal, state or federal; 11) to procure insurance against any loss in connection with the property, or activities of the board, in such amounts and from such insurers as it may deem necessary or desirable and to indemnify its members or agents if and to the extent specified from time to time in the by-laws of the board and subject to and in the manner provided in section 6 of chapter 180 of the General Laws; 12) to formulate and carry out or monitor plans for projects involving the acquisition or operation of housing facilities of any kind or nature and to construct, reconstruct, renovate, expand, extend, improve, repair, remodel, equip, furnish, maintain, manage and operate such facilities; Article 39 - Page 4 13) to fix and revise from time to time and to charge and collect rates, fees, rentals and other charges and sales prices for or in connection with the use, occupancy or other disposition of any housing facility or other property or portion thereof under its ownership or control; 14) to establish, impose, grant or amend, by deed, lease or other means or method, and to hold the benefit or, monitor, exercise and enforce lawful restrictions on the rental, sale, resale, use or occupancy of housing facilities or other property under its ownership or control or other facilities or property designated by the selectmen of the town, or restrictions with respect to the income of owners, tenants or occupants of such housing facilities or other property, or options and rights of first refusal with respect to such facilities or property and to waive, release or discharge any such rights or restrictions; 15) to enter into, perform or monitor agreements or other transactions with contractors, developers, brokers or other real estate professionals or any other person relating to the providing of affordable housing for persons of low and moderate income in the town; and 16) to do any and all things necessary or convenient to carry out its purposes and exercise the powers conferred by this act. (b) The board may be a partner in any business enterprise that it would have power to conduct by itself. SECTION 3. Notwithstanding the proVISIons of any general or special law to the contrary, the income, assets and activities of the board shall be exempt from all taxes and assessments and the board shall not be subject to any of the provisions of chapter 63 of the General Laws or to any taxes based upon or measured by property or income imposed by the commonwealth or by any political subdivision thereof. The board of directors of the Mansfield Housing Corporation may enter into an agreement with the assent of the town of Mansfield, wherein the board shall undertake to make to the town annual payments in lieu of taxes in connection with any real property acquired and owned by the board, the amounts of such payments to be reasonable sums stipulated in each such agreement or determined in accordance with a reasonable formula so stipulated. SECTION 4. Without limitation of the powers of the board of directors of the Mansfield Housing Corporation set forth in section 2, the board is authorized to receive and to expend and utilize for its purposes all proceeds that have been appropriated by the town of Mansfield for such purposes. In addition, the town may appropriate other funds for the carrying out by the board of its purposes as set forth herein. Any appropriation therefore may be raised by the town by taxation. At least annually, the board shall cause independent audits to be made of its books and records of the board, which annual audits shall be filed with the board of selectmen of the town. Article 39 - Page 5 SECTION 5. Without limitation of the powers of the board of directors of the Mansfield Housing Corporation set forth in section 2, the board is authorized to acquire, lease or otherwise receive any real property conveyed to it by the Town of Mansfield for purposes consistent with this act. By a two-thirds vote of town meeting, the Town may enter into a contract to sell, transfer, conveyor lease real property to the Mansfield Housing Corporation for purposes of developing low- or moderate-income housing as defined in chapter 40B, sections 20-23, and said contract shall be exempt from chapter 30B, section 16, as equivalent to a sale or lease to a public or quasi-public agency pursuant to chapter 30B, section 1 (b )(25). SECTION 6. In the event that the board of directors of the Mansfield Housing Corporation shall be dissolved in accordance with the law at any time, all property and interests therein, assets and rights of said board existing at such time shall be transferred to the town of Mansfield by authority of this act, and title to all such property and all such rights shall vest in said town automatically without the need for further action or instrument, and said town shall, to the maximum extent permitted by law, and acting by and through its board of selectmen, assume, hold and exercise the powers and duties of the board set forth herein with respect to such property and rights so transferred to said town. SECTION 7. This act shall take effect upon its passage. Or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 39 - Vote Move the Town vote to authorize the Board of Selectmen to petition the General Court for permission to establish the Mansfield Housing Corporation, in substantially the following form: SECTION 1. There is hereby established a nonprofit housing corporation to be known as the Mansfield Housing Corporation, which shall be governed by a board of directors, referred to in this act to as the board. The board shall consist of not less than seven or more than eleven members, who shall be appointed by the board of selectmen of the Town of Mansfield for staggered three-year terms as designated by the board of selectmen, such appointments to be made annually by the board of selectmen on or before July 1. Members shall serve until their successors are appointed and qualified. A majority of the members shall constitute a quorum for the transaction of any business, but any action of the board of directors shall require the affirmative vote of a majority of the entire board. Continuing members may act despite vacancies in the board and for this purpose shall be deemed to constitute a full board. Any vacancy in the board, however occurring, shall be filled by the board of selectmen for the unexpired portion of the term. Article 39 - Page 6 The first meeting of the corporation shall be called by the chairman pro tern, who shall be designated by the board of selectmen when the initial appointments to the board of directors are made. There shall be elected by and from the board of directors a president, treasurer, secretary/clerk, and any other officers considered necessary by said board. The members of the board of directors shall not receive compensation for the performance of their duties hereunder, but each member shall be reimbursed by the corporation for expenses actually incurred in the performance of his duties. Every reimbursement shall be open to public inspectioh from and after the requisition therefore. The board of directors shall have the powers to set a fiscal year for the operation of the corporation and to make, amend, or repeal the by-laws in whole or in part. The board of directors of the Mansfield Housing Corporation shall exercise its powers and perform its duties for the purpose of investigating and implementing alternatives for providing housing affordable to low- or moderate-income households, for assisting the Town in implementing its affordable housing plan, for providing housing for other households whose needs may be identified from time to time in the town of Mansfield, and for carrying out affordable housing plans, studies and other initiatives on behalf of or in partnership with the Town of Mansfield. The powers and duties of the board as set forth herein are intended to be alternative and supplemental to, and not in limitation of, the powers and duties of the Mansfield Housing Authority established pursuant to chapter 121 B of the General Laws. The liability of the board and its members shall be limited to the same extent as the liability of a public employer and public employees as provided in section 2 of chapter 258 of the General Laws. SECTION 2. (a) The board of directors of the Mansfield Housing Corporation shall have the powers and privileges conferred by the provisions of clauses (a) to (i), inclusive, and clause (k) of section 9 of chapter 156B of the General Laws, and the following powers, but that no such power shall be exercised either in a manner inconsistent with this act or any general or special law, and the board shall not carry on any activity which is not in furtherance of the purposes set forth in this act: 1) to adopt, amend, and repeal corporate by-laws, said by-laws to be subject to the approval of the board of selectmen, for the regulation and conduct of its business including, but not limited to, the call and conduct of its meetings, the number of members which shall constitute a quorum and the mode of voting by proxy; 2) to elect a chairperson and vice-chairperson, each of whom shall be members of the board, and a secretary and a treasurer, who need not be members of the board and who may be the same person. The treasurer shall give bond for the faithful performance of his duties, the cost of which bond shall be paid from funds of the Article 39 - Page 7 board. The chairperson and in the chairperson's absence, the vice-chairperson shall chair meetings of the board. The secretary shall be the custodian of all books, documents and papers filed with the board and of the minute book or journal of the board; 3) to make and execute all contracts and all other instruments necessary or convenient for the exercise of its power and functions; 4) to acquire or lease, by purchase, gift or otherwise, and to own, hold and use, on such terms and conditions and in such manner as it may deem proper, and to exchange, grant options on, sell, transfer, convey, assign, lease, pledge, mortgage, encumber, grant liens on and security interests or to otherwise dispose of; on such terms and conditions as it may deem proper, real, personal or mixed real and personal property or any interest, easements or rights therein and assets or revenues of said board, as may be necessary or appropriate to carry out its purposes; 5) to enter into agreements or other transactions with the commonwealth or a political subdivision or public instrumentality thereof; the United States government or a federal, state or other governmental agency; 6) to act as the Town's designated developer of low- or moderate-income housing on land owned and controlled by the Town, when authorized to do so by town meeting; 7) to borrow money and to execute notes therefore which shall not be deemed to be debts or obligations of the town of Mansfield, to hold mortgages, and to invest any funds held in reserve funds, or any funds not required for immediate disbursement in such investments as may be lawful for fiduciaries in the commonwealth and said board shall have no stock; 8) to enter into contracts or agreements with, and to employ from time to time, contractors, architects, engineers, consultants, attorneys, accountants, construction, financial and other experts, superintendents, managers and such other agents and employees as may be necessary in its judgment and to fix their compensation; 9) to receive and hold funds appropriated by the town and other funds, property, labor and other things of value from any source, public or private by gift, grant, bequest, loan or otherwise, either absolutely or in trust, and to expend or utilize the same on behalf of said board for any of its purposes or to act as an agent or conduit in administering or disbursing funds or financial or other aid from any source; 10) to appear in its own behalf before boards, commissions, departments or other agencies of government, municipal, state or federal; 11) to procure insurance against any loss in connection with the property, or activities of the board, in such amounts and from such insurers as it may deem necessary or Article 39 - Page 8 desirable and to indemnify its members or agents if and to the extent specified from time to time in the by-laws of the board and subject to and in the manner provided in section 6 of chapter 180 of the General Laws; 12)to formulate and carry out or monitor plans for projects involving the acquisition or operation of housing facilities of any kind or nature and to construct, reconstruct, renovate, expand, extend, improve, repair, remodel, equip, furnish, maintain, manage and operate such facilities; 13) to fix and revise from time to time and to charge and collect rates, fees, rentals and other charges and sales prices for or in connection with the use, occupancy or other disposition of any housing facility or other property or portion thereof under its ownership or control; 14) to establish, impose, grant or amend, by deed, lease or other means or method, and to hold the benefit or, monitor, exercise and enforce lawful restrictions on the rental, sale, resale, use or occupancy of housing facilities or other property under its ownership or control or other facilities or property designated by the selectmen of the town, or restrictions with respect to the income of owners, tenants or occupants of such housing facilities or other property, or options and rights of first refusal with respect to such facilities or property and to waive, release or discharge any such rights or restrictions; 15) to enter into, perform or monitor agreements or other transactions with contractors, developers, brokers or other real estate professionals or any other person relating to the providing of affordable housing for persons of low and moderate income in the town; and 16) to do any and all things necessary or convenient to carry out its purposes and exercise the powers conferred by this act. (b) The board may be a partner in any business enterprise that it would have power to conduct by itself. SECTION 3. Notwithstanding the proVISIons of any general or special law to the contrary, the income, assets and activities of the board shall be exempt from all taxes and assessments and the board shall not be subject to any of the provisions of chapter 63 of the General Laws or to any taxes based upon or measured by property or income imposed by the commonwealth or by any political subdivision thereof. The board of directors of the Mansfield Housing Corporation may enter into an agreement with the assent of the town of Mansfield, wherein the board shall undertake to make to the town annual payments in lieu of taxes in connection with any real property acquired and owned by the board, the amounts of such payments to be reasonable sums stipulated in each such agreement or determined in accordance with a reasonable formula so stipulated. Article 39 - Page 9 SECTION 4. Without limitation of the powers of the board of directors of the Mansfield Housing Corporation set forth in section 2, the board is authorized to receive and to expend and utilize for its purposes all proceeds that have been appropriated by the town of Mansfield for such purposes. In addition, the town may appropriate other funds for the carrying out by the board of its purposes as set forth herein. Any appropriation therefore may be raised by the town by taxation. At least annually, the board shall cause independent audits to be made of its books and records of the board, which annual audits shall be filed with the board of selectmen of the town. SECTION 5. Without limitation of the powers of the board of directors of the Mansfield Housing Corporation set forth in section 2, the board is authorized to acquire, lease or otherwise receive any real property conveyed to it by the Town of Mansfield for purposes consistent with this act. By a two-thirds vote of town meeting, the Town may enter into a contract to sell, transfer, conveyor lease real property to the Mansfield Housing Corporation for purposes of developing low- or moderate-income housing as defined in chapter 40B, sections 20-23, and said contract shall be exempt from chapter 30B, section 16, as equivalent to a sale or lease to a public or quasi-public agency pursuant to chapter 30B, section 1 (b )(25). SECTION 6. In the event that the board of directors of the Mansfield Housing Corporation shall be dissolved in accordance with the law at any time, all property and interests therein, assets and rights of said board existing at such time shall be transferred to the town of Mansfield by authority of this act, and title to all such property and all such rights shall vest in said town automatically without the need for further action or instrument, and said town shall, to the maximum extent permitted by law, and acting by and through its board of selectmen, assume, hold and exercise the powers and duties of the board set forth herein with respect to such property and rights so transferred to said town. SECTION 7. This act shall take effect upon its passage. Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk Helen P. Christian Tow n Oerk TIffi 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 May 18, 2004 session of the April 13, 2004 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 WHEREAS, the Town of Mansfield through its elected and appointed officials, has made the objective of providing affordable housing solutions a high priority, and WHEREAS, the Town of Mansfield recognizes that Massachusetts General Law Chapter 40B was enacted by the State Legislature with an intent of creating more opportunities for the development of affordable housing, and WHEREAS, The Town of Mansfield has added to its by-laws a requirement that all residential development in excess of 6 units must include a minimum of 15% units designated as affordable, and WHEREAS, in the present 40B General Law and currently proposed amendments to it, there is no provision for this type of inclusionary zoning on a statewide basis, and WHEREAS, developers continue to build sites without affordable units while also using the threat of 40B to force concessions from the community for high density or controversial sites, It is therefore RESOLVED, that the Town of Mansfield believes that Chapter 40B as it currently exists is not an effective means of addressing the affordable housing problem in Massachusetts, and that the Massachusetts Legislature should amend Chapter 40B by a) requiring ALL residential developments over six units to include a minimum of 15% units designated as affordable, and b) all such units will remain affordable in perpetuity, and, c) maintain the current Definition of "Consistent with local needs" as amended by 2003,26, Sec. 181 effective July 1,2003. Or take any action related thereto. SPONSOR: Board of Selectmen Article 40 - Page 2 ARTICLE 40 - Vote Move the Town vote: WHEREAS, the Town of Mansfield through its elected and appointed officials, has made the objective of providing affordable housing solutions a high priority, and WHEREAS, the Town of Mansfield recognizes that Massachusetts General Law Chapter 40B was enacted by the State Legislature with an intent of creating more opportunities for the development of affordable housing, and WHEREAS, The Town of Mansfield has added to its by-laws a requirement that all residential development in excess of 6 units must include a minimum of 15% units designated as affordable, and WHEREAS, in the present 40B General Law and currently proposed amendments to it, there is no provision for this type of inclusionary zoning on a statewide basis, and WHEREAS, developers continue to build sites without affordable units while also using the threat of 40B to force concessions from the community for high density or controversial sites, It is therefore RESOLVED, that the Town of Mansfield believes that Chapter 40B as it currently exists is not an effective means of addressing the affordable housing problem in Massachusetts, and that the Massachusetts Legislature should amend Chapter 40B by a) requiring ALL residential developments over six units to include a minimum of 15% units designated as affordable, and b) all such units will remain affordable in perpetuity, and, c) maintain the current Definition of "Consistent with local needs" as amended by 2003,26, Sec. 181 effective July 1,2003. Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk Helen P. Christian Tow n aerk 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 May 19,2004 To Whom It May Concern: This is to certify that the following is a vote taken at the May 18, 2004 session of the April 13, 2004 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 41 To see if the Town will vote to: (a) approve the form of the Tax Increment Financing (TIF) Agreement between Liberty Bell Equipment Corporation d/b/a MEDCO and the Town of Mansfield for land at 572 West Street (Map 44, Parcel 505) on file with the Board of Selectmen and Town Clerk; (b) authorize the Board of Selectmen to execute the TIF Agreement, and any documents relating thereto, and to take such other actions as are necessary or appropriate to implement those documents; and (c) authorize the Board of Selectmen to approve and certify proposed projects as provided in the TIF Plan and to apply to the Economic Assistance Coordinating Council of the Commonwealth of Massachusetts under the Economic Development Incentive Program for approval and designation of the Economic Opportunity Area, TIF Agreement, TlF Plan, and any certified projects, and take such other and further action as may be necessary or appropriate to carry out the purposes of this article, or take any other action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 41- Vote Move the Town vote to: (a) approve the form of the Tax Increment Financing (TIF) Agreement between Liberty Bell Equipment Corporation d/b/a MEDCO and the Town of Mansfield for land at 572 West Street (Map 44, Parcel 505) on file with the Board of Selectmen and Town Clerk; (b) authorize the Board of Selectmen to execute the TIF Agreement, and any documents relating thereto, and to take such other actions as are necessary or appropriate to implement those documents; and (c) authorize the Board of Selectmen to approve and certify proposed projects as provided in the TIF Plan and to apply to the Economic Assistance Coordinating Council of the Commonwealth of Massachusetts under the Economic Development Incentive Program for approval and Article 41 - Page 2 designation of the Economic Opportunity Area, TIF Agreement, TIF Plan, and any certified projects, and take such other and further action as may be necessary or appropriate to carry out the purposes of this article. Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Helen P. Christian, Town Clerk Helen P. Clv'istian Town Oerk mE COMMONWEALTH OF MASSACHUSETIS TOWN OF MANSFIELD Office of the Town Clerk 6 Park Row MansfieH, 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 May 18, 2004 session of the April 13, 2004 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 42 To see if the Town will vote to amend the zoning map to the extent necessary to rezone 15 West Street, Map 23, Lot 175 from its current designation of Residential 3 (R-3) to Business 2 (B-2), or take any action in relation thereto. Petitioned by: Jay Barrows, 370 Pratt Street, Mansfield ARTICLE 42 - Vote Move the Town vote to amend the zoning map to the extent necessary to rezone 15 West Street, Map 23, Lot 175 from its current designation of Residential 3 (R-3) to Business 2 (B-2). Vote declared unanimously in favor by Moderator - 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 Mansfu li, Massaclmsetts 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 May 18, 2004 session of the April 13, 2004 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 43 To see if the Town will vote to raise and appropriate, or transfer from available funds the sum of $70,000 to make necessary repairs to the Town-owned property, the Hartwell School, located at 71 Mill Street in East Mansfield. The repairs include such major improvements as additional supports in the cellar, replacement of all windows, installation of insulation, vinyl siding, a new roof, installation of handicap-accessible ramp, and further site work as needed, or take any action in relation thereto. ARTICLE 43 - Vote Move the Town vote to address necessary repairs to the town-owned property, the Hartwell School, located at 71 Mill Street in East Mansfield. The repairs include such major improvements as additional supports in the cellar; replacement of all windows; installation of insulation and a new roof; repair of exterior siding; installation of a handicap-accessible ramp, and further site work as needed. Proposed imporvements, ordered by building inspector Bert Cook three years ago, will prevent deterioration of this 1881 building, originally a one room schoolhouse, and will preserve it for continued us as an educational site. No proposed work will begin without a response from the State Historical Commission as to the historical status of the building. Any future work on the building will be coordinated with the Mansfield Historical Commission, with oversight of the Mansfield Building Committee. Voted favorably - Declared unanimously by Moderator A TRUE COPY ATTEST: Helen P. Christian, Town Clerk