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Home My WebLink AboutFY20 Annual Town Meeting MotionsTown of Mansfield ANNUAL TOWN MEETING May 7, 2019 7:00 PM MANSFIELD HIGH SCHOOL AUDITORIUM EAST STREET, MANSFIELD CALL TO ORDER: 7:00 PM MOTIONS Town of Mansfield Annual Town Meeting April 9, 2019, Adjourned to May 7, 2019 Article 1 I move that the sum of Forty-Four Million Seven Hundred Fifty Thousand Three Hundred Thirty-One Dollars ($44,750,331.00) be hereby appropriated from the funding sources listed below, to defray the expenses of the Municipal Town departments in the chart entitled “These amounts are to be voted” as shown below for the ensuing 12-month period beginning July 1, 2019: Funding Sources: Raise and Appropriate from the FY20 Tax Levy and other General Revenues from the Town: $43,803,025.00 Wetlands Protection Receipts Reserved for Appropriation Fund: $4,374.00 Inspectors Mass. General Laws Ch. 44 Section 53E ½ Revolving Fund: $66,200.00 Pension Reserve Trust Fund (to be used to pay a portion of FY20 General Fund’s Bristol County Retirement Assessment): Water Enterprise Fund Operations Revenues: $59,800.00 $269,689.00 Sewer Enterprise Fund Operations Revenues: $273,114.00 Electric Department Operations Revenues: $71,477.00 Airport Enterprise Fund Operations Revenues: $2,340.00 Parking Enterprise Fund Operations Revenues: $200,312.00 Total $44,750,331.00 These amounts are to be voted: General Government, Public Safety, Town Expense-Education, Public Works, Human Services, and Culture & Recreation: $23,008,722.00 Snow & Ice: $389,440.00 Debt Service: $3,926,982.00 Unclassified (Insurance, Employee Benefits, and Other): $17,425,187.00 Totals: $44,750,331.00 The total amount to be appropriated, $44,750,331.00, is calculated in accordance with the individual line items set forth below, which are presented for information only as the line items are estimates of the individual items but the amount to be appropriated is not these line items but rather one total line item, so that as a result of this total one number appropriation, the Town Manager is authorized to expend such funds in such a manner as may be needed to accomplish the list of items. 1 DISCUSSION – NOT PART OF THE VOTE No. General Government 2019 Budget 2020 Proposed Dollar Difference Percent Difference Elected Officials 1 Town Moderator $100.00 $200.00 $100.00 100.00% Total $100.00 $200.00 $100.00 100.00% Select Board 2 Other Expenses $95,300.00 $85,300.00 ($10,000.00) -10.49% Total $95,300.00 $85,300.00 ($10,000.00) -10.49% Town Manager 3a Personal Services $268,979.00 $340,065.00 $71,086.00 26.43% 3b Other Expenses $149,100.00 $139,100.00 ($10,000.00) -6.71% Total $418,079.00 $479,165.00 $61,086.00 14.61% 4 PEG Access & Cable PEG Access & Cable $275,000.00 $210,000.00 ($65,000.00) -23.64% Total $275,000.00 $210,000.00 ($65,000.00) -23.64% Finance Committee 5a Other Expenses $2,000.00 $2,000.00 $0.00 0.00% 5b Reserve Fund $400,000.00 $410,000.00 $10,000.00 2.50% Total $402,000.00 $412,000.00 $10,000.00 2.49% Finance- Treasurer/Collector 6a Personal Services $343,946.00 $328,368.00 ($15,578.00) -4.53% 6b Other Expenses $100,000.00 $100,000.00 $0.00 0.00% Total $443,946.00 $428,368.00 ($15,578.00) -3.51% Finance–Finance Director 7a Personal Services $240,534.00 $262,641.00 $22,107.00 9.19% 7b Other Expenses $50,300.00 $50,445.00 $145.00 0.29% Total $290,834.00 $313,086.00 $22,252.00 7.65% Finance - Assessors 8a Personal Services $140,577.00 $148,225.00 $7,648.00 5.44% 8b Other Expenses $36,950.00 $37,405.00 $455.00 1.23% Total $177,527.00 $185,630.00 $8,103.00 4.56% Personnel 9a Personal Services $37,577.00 $56,250.00 $18,673.00 49.69% 9b Other Expenses $26,950.00 $26,950.00 $0.00 0.00% Total $64,527.00 $83,200.00 $18,673.00 28.94% 2 DISCUSSION – NOT PART OF THE VOTE No. General Government 2019 Budget 2020 Budget Dollar Difference Percent Difference Finance - Management Information Systems 10a Personal Services $284,506.00 $302,681.00 $18,175.00 6.39% 10b Other Expenses $310,168.00 $362,020.00 $51,852.00 16.72% 10c Capital Outlay $20,809.00 $13,000.00 ($7,809.00) -37.53% Total $615,483.00 $677,701.00 $62,218.00 10.11% Town Clerk 11a Personal Services $185,810.00 $197,770.00 $11,960.00 6.44% 11b Other Expenses $56,818.00 $34,000.00 ($22,818.00) -40.16% Total $242,628.00 $231,770.00 ($10,858.00) -4.48% Conservation 12a Personal Services $65,476.00 $81,725.00 $16,249.00 24.82% 12b Other Expenses $3,390.00 $3,515.00 $125.00 3.69% Total $68,866.00 $85,240.00 $16,374.00 23.78% Planning Board 13a Personal Services $117,670.00 $120,660.00 $2,990.00 2.54% 13b Other Expenses $2,450.00 $1,550.00 ($900.00) -36.73% Total $120,120.00 $122,210.00 $2,090.00 1.74% Zoning Board of Appeals 14a Personal Services $1.00 $1.00 $0.00 0.00% 14b Other Expenses $400.00 $400.00 $0.00 0.00% Total $401.00 $401.00 $0.00 0.00% Boards/Committees 15a Personal Services $9,900.00 $4,900.00 ($5,000.00) -50.51% 15b Other Expenses $5,600.00 $5,600.00 $0.00 0.00% Total $15,500.00 $10,500.00 ($5,000.00) -32.26% Public Buildings 16a Personal Services $257,745.00 $341,893.00 $84,148.00 32.65% 16b Other Expenses $361,545.00 $387,727.00 $26,182.00 7.24% 16c Capital Outlay $0.00 $0.00 $0.00 0.00% Total $619,290.00 $729,620.00 $110,330.00 17.82% 3 DISCUSSION – NOT PART OF THE VOTE No. Public Safety 2019 Budget 2020 Proposed Dollar Difference Percent Difference Police 17a Personal Services $4,110,511.00 $4,559,481.00 $448,970.00 10.92% 17b Other Expenses $514,766.00 $673,668.00 $158,902.00 30.87% 17c Capital Outlay $114,344.00 $119,007.00 $4,663.00 4.08% Total $4,739,621.00 $5,352,156.00 $612,535.00 12.92% Fire 18a Personal Services $4,412,063.00 $4,358,094.00 ($53,969.00) -1.22% 18b Other Expenses $157,062.00 $156,633.00 ($429.00) -0.27% 18c Capital Outlay $6,410.00 $6,410.00 $0.00 0.00% Total $4,575,535.00 $4,521,137.00 ($54,398.00) -1.19% Emergency Medical Services 19a Personal Services $256,336.00 $294,683.00 $38,347.00 14.96% 19b Other Expenses $115,100.00 $131,800.00 $16,700.00 14.51% 19c Capital Outlay $2,587.00 $4,500.00 $1,913.00 73.95% Total $374,023.00 $430,983.00 $56,960.00 15.23% Dispatchers 20a Personal Services $784,152.00 $0.00 ($784,152.00) -100.00% 20b Other Expenses $80,621.00 $497,553.00 $416,932.00 517.15% 20c Capital Outlay $3,000.00 $0.00 ($3,000.00) -100.00% Total $867,773.00 $497,553.00 ($370,220.00) -42.66% Regulatory & Inspection 21a Personal Services $356,395.00 $376,540.00 $20,145.00 5.65% 21b Other Expenses $12,751.00 $12,750.00 ($1.00) -0.01% Total $369,146.00 $389,290.00 $20,144.00 5.46% Emergency Management 22a Personal Services $4,498.00 $4,498.00 $0.00 0.00% 22b Other Expenses $45,500.00 $45,500.00 $0.00 0.00% 22c Capital Outlay $5,000.00 $5,000.00 $0.00 0.00% Total $54,998.00 $54,998.00 $0.00 0.00% Town Expense – Education 23a Personal Services $54,590.00 $56,228.00 $1,638.00 3.00% 23b SE Regional Voc. Tech. Assessment $987,885.00 $1,070,491.00 $82,606.00 8.36% Total $1,042,475.00 $1,126,719.00 $84,244.00 8.08% 4 DISCUSSION – NOT PART OF THE VOTE 2019 2020 Dollar Percent No. Public Works Budget Proposed Difference Difference DPW Administration 24a Personal Services $239,107.00 $262,461.00 $23,354.00 9.77% 24b Other Expenses $1,982,115.00 $2,204,451.00 $222,336.00 11.22% Total $2,221,222.00 $2,466,912.00 $245,690.00 11.06% DPW - Highway 25a Personal Services $810,646.00 $841,388.00 $30,742.00 3.79% 25b Other Expenses $665,204.00 $570,184.00 ($95,020.00) -14.28% 25c Capital Outlay $20,500.00 $87,369.00 $66,869.00 326.19% Total $1,496,350.00 $1,498,941.00 $2,591.00 0.17% DPW - Snow & Ice 26 Personal Services & Other Expenses $389,440.00 $389,440.00 $0.00 0.00% Total $389,440.00 $389,440.00 $0.00 0.00% DPW-Vehicle Maintenance 27a Personal Services $211,318.00 $261,952.00 $50,634.00 23.96% 27b Other Expenses $267,794.00 $277,644.00 $9,850.00 3.68% Total $479,112.00 $539,596.00 $60,484.00 12.62% DPW-Town Motor Fuel 28 Other Expenses $134,867.00 $135,867.00 $1,000.00 0.74% Total $134,867.00 $135,867.00 $1,000.00 0.74% Human Services Health 29a Personal Services $86,306.00 $113,368.00 $27,062.00 31.36% 29b Other Expenses $31,222.00 $71,616.00 $40,394.00 129.38% Total $117,528.00 $184,984.00 $67,456.00 57.40% Senior Citizens 30a Personal Services $271,539.00 $313,950.00 $42,411.00 15.62% 30b Other Expenses $59,624.00 $68,624.00 $9,000.00 15.09% Total $331,163.00 $382,574.00 $51,411.00 15.52% 5 DISCUSSION – NOT PART OF THE VOTE No. Human Services 2019 Budget 2020 Proposed Dollar Difference Percent Difference Veterans 31a Personal Services $66,705.00 $67,756.00 $1,051.00 1.58% 31b Other Expenses $161,050.00 $151,750.00 ($9,300.00) -5.77% Total $227,755.00 $219,506.00 ($8,249.00) -3.62% Social Services 32a Personal Services $17,757.00 $68,746.00 $50,989.00 287.15% 32b Other Expenses $935.00 $935.00 $0.00 0.00% Total $18,692.00 $69,681.00 $50,989.00 272.79% Municipal Building Committee 33 Other Expenses $750.00 $750.00 $0.00 0.00% Total $750.00 $750.00 $0.00 0.00% Culture & Recreation Library 34a Personal Services $609,084.00 $654,668.00 $45,584.00 7.48% 34b Other Expenses $302,961.00 $305,081.00 $2,120.00 0.70% Total $912,045.00 $959,749.00 $47,704.00 5.23% Parks & Recreation 35a Personal Services $86,021.00 $93,035.00 $7,014.00 8.15% 35b Other Expenses $21,450.00 $22,200.00 $750.00 3.50% Total $107,471.00 $115,235.00 $7,764.00 7.22% Historical Commission 36 Other Expenses $1,300.00 $1,300.00 $0.00 0.00% Total $1,300.00 $1,300.00 $0.00 0.00% Arts Cultural Council 37 Other Expenses $5,400.00 $6,400.00 $1,000.00 18.52% Total $5,400.00 $6,400.00 $1,000.00 18.52% Debt Service 38 Debt $3,440,196.00 $3,926,982.00 $486,786.00 14.15% Total $3,440,196.00 $3,926,982.00 $486,786.00 14.15% 6 DISCUSSION – NOT PART OF THE VOTE No. Unclassified 2019 Budget 2020 Proposed Dollar Difference Percent Difference Unclassified 39 Miscellaneous $0.00 $4,343.00 $4,343.00 0.00% 40 Town Insurance $901,280.00 $901,280.00 $0.00 0.00% 41 Employee Benefits $15,762,040.00 $16,519,564.00 $757,524.00 4.81% Total $16,663,320.00 $17,425,187.00 $761,867.00 4.57% Total Article 1 $42,419,783.00 $44,750,331.00 $2,330,548.00 5.49% 7 Article 2: I move that Fifty-One Million Six Hundred Thirty-Four Thousand Nine Hundred Ninety-Four Dollars ($51,634,994.00) be hereby appropriated, to be expended by the Mansfield School Committee to defray the expenses of the Mansfield Public School System for the ensuing 12 month period beginning July 1, 2019, and to meet this appropriation, Fifty-One Million Six Hundred Thirty-Four Thousand Nine Hundred Ninety-Four Dollars ($51,634,994.00) be hereby raised and appropriated from the FY 2020 tax levy and other general revenues of the Town. Article 3: I move that the income from sales of electricity to private customers or for electricity supplied to municipal buildings, together with receipts from jobbing accounts, be appropriated for the Municipal Electric Department, the whole to be expended by the Manager of the Municipal Electric Department under the direction and control of the Board of Selectmen acting as the Board of Light Commissioners, for expenses of the Department for FY 2020, as defined in Section 57 of Chapter 164 of the Mass. General Laws, and that, if said sum and said income shall exceed said expense for said year, such excess shall be transferred to the construction fund of said plant and appropriated and used for such additions thereto as may thereafter be authorized by the Board of Light Commissioners. Article 4 – Motion 1: I move that the sum of Five Million Two Hundred Fifty-Two Thousand Six Hundred Thirty-Five Dollars ($5,252,635.00) be hereby appropriated from Water Enterprise Fund Revenues, to be expended by the Town Manager with the approval of the Director of the Mansfield Department of Public Works on maintenance, operation, improvements, debt service and other costs related to the delivery of water to the Town of Mansfield's residents and businesses for the ensuing 12- month period beginning July 1, 2019 in the column entitled 2020 Proposed as set forth below: Letter Water Enterprise Fund Expenses 2019 Budget 2020 Proposed Dollar Difference Percent Difference a Personal Services $1,193,100.00 $1,293,163.00 $100,063.00 8.39% b Other Expenses $994,300.00 $1,040,300.00 $46,000.00 4.63% c Reserve Fund $52,000.00 $53,000.00 $1,000.00 1.92% d Employee Benefits $398,097.00 $496,533.00 $98,436.00 24.73% e Capital Outlay $137,500.00 $110,000.00 ($27,500.00) -20.00% f Debt $1,761,043.00 $1,843,950.00 $82,907.00 4.71% g Indirect Costs $261,831.00 $269,689.00 $7,858.00 3.00% h OPEB Trust Fund Transfer $127,500.00 $146,000.00 $18,500.00 14.51% Total $4,925,371.00 $5,252,635.00 $327,264.00 6.64% 8 Article 4 – Motion 2: I move that the sum of Five Million Eight Hundred Seventy-Seven Thousand Five Hundred Forty-Nine Dollars ($5,877,549.00) be hereby appropriated from Sewer Enterprise Fund Revenues and Fourteen Thousand Dollars ($14,000.00) be hereby appropriated from Sewer Enterprise Fund Fund Balance for Pre-paid Sewer Betterments to be expended for the payment of Sewer Enterprise Fund Sewer Betterment-related debt only and Three Hundred Fifty-Seven Thousand Dollars ($357,000.00) be hereby appropriated from Sewer Enterprise Fund Retained Earnings, for a total amount to be appropriated of Six Million Two Hundred Forty-Eight Thousand Five Hundred Forty-Nine Dollars ($6,248,549.00) to be expended by the Town Manager with the approval of the Director of the Mansfield Department of Public Works on maintenance, operation, improvements, debt service and other costs related to the delivery of wastewater services to the Town of Mansfield, and pursuant to an Intermunicipal Agreement to the Towns of Mansfield, Norton, Foxborough, and any other Town with which the preceding Towns may contract, for the ensuing 12-month period beginning July 1, 2019 in the column entitled 2020 Proposed as set forth below: Article 4 – Motion 3: I move that the sum of One Hundred Eighty-Six Thousand Two Hundred Seventy-Five Dollars ($186,275.00) be hereby appropriated from Airport Enterprise Fund Revenues to be expended by the Mansfield Airport Commission to defray the expenses of the Airport Enterprise Fund for the ensuing 12-month period beginning July 1, 2019 in the column entitled 2020 Proposed as set forth below: Letter Sewer Enterprise Fund Expenses 2019 Budget 2020 Proposed Dollar Difference Percent Difference a Personal Services $1,194,503.00 $1,286,576.00 $92,073.00 7.71% b Other Expenses $177,900.00 $195,900.00 $18,000.00 10.12% c Reserve Fund $58,000.00 $63,000.00 $5,000.00 8.62% d Employee Benefits $314,765.00 $455,242.00 $140,477.00 44.63% e Capital Outlay $50,000.00 $50,000.00 $0.00 0.00% f Debt $161,089.00 $162,166.00 $1,077.00 0.67% g Indirect Costs $233,160.00 $273,114.00 $39,954.00 17.14% h OPEB Trust Fund Transfer $127,500.00 $178,000.00 $50,500.00 39.61% i Intergovernmental Assessments $3,461,893.00 $3,584,551.00 $122,658.00 3.54% Total $5,778,810.00 $6,248,549.00 $469,739.00 8.13% Letter Airport Enterprise Fund Expenses 2019 Budget 2020 Proposed Dollar Difference Percent Difference a Personal Services $2,500.00 $2,500.00 $0.00 0.00% b Other Expenses $139,850.00 $159,200.00 $19,350.00 13.84% c Reserve Fund $2,000.00 $2,000.00 $0.00 0.00% d Capital Outlay $7,856.00 $20,235.00 $12,379.00 157.57% e Indirect Costs $2,294.00 $2,340.00 $46.00 2.01% Total $154,500.00 $186,275.00 $31,775.00 20.57% 9 Article 4 – Motion 4: I move that the sum of Six Hundred Four Thousand Eight Hundred Twenty-Nine Dollars ($604,829.00) be hereby appropriated from Parking Enterprise Fund Revenues and Forty Thousand Dollars ($40,000.00) be hereby appropriated from Parking Enterprise Fund Retained Earnings, for a total amount to be appropriated of Six Hundred Forty-Four Thousand Eight Hundred Twenty-Nine Dollars ($644,829.00) to be expended by the Town Manager with the approval of the Director of the Mansfield Department of Public Works on maintenance, operation, improvements, access and egress to parking lots and other costs related to the Town- owned Commuter Rail Parking Lots (as previously defined in Article 7 of the April 24, 2012 Annual Town Meeting) for the ensuing 12 month period beginning July 1, 2019 in the column entitled 2020 Proposed as set forth below: Letter Parking Enterprise Fund Expenses 2019 Budget 2020 Proposed Dollar Difference Percent Difference a Personal Services $117,439.00 $129,268.00 $11,829.00 10.07% b Other Expenses $253,363.00 $266,343.00 $12,980.00 5.12% c Reserve Fund $6,400.00 $6,600.00 $200.00 3.13% d Employee Benefits $28,001.00 $33,806.00 $5,805.00 20.73% e Indirect Costs $23,838.00 $24,556.00 $718.00 3.01% f OPEB Trust Fund Transfer $6,000.00 $8,500.00 $2,500.00 41.67% g Transfers Out to General Fund $171,469.00 $175,756.00 $4,287.00 2.50% Total $606,510.00 $644,829.00 $38,319.00 6.32% Article 5: I move that the sum of Seven Hundred Nineteen Thousand Eight Hundred Twenty-Seven Dollars ($719,827.00) be hereby transferred or appropriated from the funding sources listed below to increase and or decrease the appropriations for the Municipal Town departments as shown below for the present 2019 Fiscal Year beginning July, 1, 2018 as voted pursuant to Article 1 and/or Article 4 of the May 15, 2018 Annual Town Meeting: Transferred Appropriations between FY19 Budgets: Fund Source Department Source Appropriation Destination Department Destination Appropriation Transferred Amount General PEG Access & Cable Other Expenses General Government Police Capital Outlay Public Safety $38,000.00 General PEG Access & Cable Other Expenses General Government Dispatchers Personal Services Public Safety $27,000.00 General Finance Director Personal Services General Government Dispatchers Personal Services Public Safety $23,000.00 10 General Finance Director Personal Services General Government DPW Administration Personal Services Public Works $2,000.00 General Finance Director Personal Services General Government DPW Administration Other Expenses Public Works $5,000.00 General Debt Service Debt Service DPW Administration Other Expenses Public Works $69,500.00 General Debt Service Debt Service DPW Vehicle Maintenance Personal Services Public Works $3,000.00 General Debt Service Debt Service DPW Vehicle Maintenance Other Expenses Public Works $20,000.00 General Debt Service Debt Service DPW Town Motor Fuel Other Expenses Public Works $60,000.00 General Debt Service Debt Service Board of Health Other Expenses Human Services $8,500.00 General Debt Service Debt Service DPW Public Buildings Capital Outlay General Government $44,000.00 Sewer Enterprise Sewer Enterprise Personal Services Sewer Enterprise Sewer Enterprise – Employee Benefits $20,000.00 Totals $320,000.00 New Appropriations to FY19 Budgets: Fund Destination Appropriation Budget Line Item Amount General Snow and Ice Personal Services & Other Expenses $100,000.00 General Public Safety Fire - Capital Outlay $274,000.00 Airport Enterprise Airport Enterprise – Capital Outlay Capital Outlay $5,827.00 Parking Enterprise Parking Enterprise – Capital Outlay Capital Outlay $20,000.00 Totals $399,827.00 11 Funding Sources: Free Cash in the treasury of the Town (Undesignated Fund Balance): $374,000.00 Airport Enterprise Retained Earnings: $5,827.00 Parking Enterprise Retained Earnings: $20,000.00 Totals $399,827.00 Article 6: I move that no action be taken on the subject matter of Article 6. Article 7: I move that no action be taken on the subject matter of Article 7. Article 8: I move that no action be taken on the subject matter of Article 8. Article 9 - Motion 1: I move that the sum of Six Hundred Fifty Thousand Nine Hundred Seventy Dollars ($650,970.00) be hereby appropriated to be spent by the Town Manager for the following various Capital Improvement projects for the Town of Mansfield, including all costs incidental and related thereto: Department Description Amount DPW Public Buildings Memorial Hall Improvements & Renovations $180,000.00 Police Firearms Training Simulator $50,500.00 Police Fingerprint Machine $18,000.00 Police 14 TASERs Replacement $36,000.00 Police Emergent Less Lethal Technology $15,000.00 Fire Turnout Gear $211,000.00 Fire Non-Vehicular Equipment $36,950.00 DPW Highway Highway Construction Materials $103,520.00 Totals $650,970.00 and to meet this appropriation, Six Hundred Fifty Thousand Nine Hundred Seventy Dollars ($650,970.00) be transferred from Free Cash in the treasury of the Town (Undesignated Fund Balance), the sums shown above being intended to be estimates of the individual items but the amount to be appropriated being the one line item in the total amount of Six Hundred Fifty Thousand Nine Hundred Seventy Dollars ($650,970.00); and the Town Manager be authorized to distribute such funds in such a manner as may be needed to accomplish the list of items, provided however, that each item contained in the list set forth be undertaken and that any excess funds be available because one or more of the listed items cost less than was estimated and not because an item intended to be purchased is not so purchased. 12 Article 9 – Motion 2: I move that the sum of Four Hundred Ninety Thousand Five Hundred Thirty Dollars ($490,530.00) be hereby appropriated to be spent by the Town Manager with the approval of the Mansfield School Committee for the following Capital Improvement projects for the Mansfield Public Schools including all costs incidental and related thereto; the sums shown below are intended to be estimates of the individual items but the amount to be appropriated is the one line item in the total of Four Hundred Ninety Thousand Five Hundred Thirty Dollars ($490,530.00); and further that the below appropriations be made available for expenditure immediately upon the conclusion of the session of Annual Town Meeting at which this appropriation is voted: Department Description Amount Schools Jordan/Jackson ES and Mansfield HS Paving & Concrete $220,000.00 Schools District-wide Plow Truck $45,000.00 Schools District-wide Special Education Mini-bus $70,000.00 Schools District-wide School Technology $100,000.00 Schools School One-to One Technology Program $55,530.00 Totals $490,530.00 and to meet this appropriation, the Town transfer from Free Cash in the Treasury of the Town (Undesignated Fund Balance) the sum of Four Hundred Ninety Thousand Five Hundred Thirty Dollars ($490,530.00). Article 9 - Motion 3: I move that the sum of One Hundred Seventy Thousand Dollars ($170,000.00) be hereby appropriated, to be spent by the Town Manager, for building improvements and renovations to the Plymouth Street Fire Station and other site improvements including the payment of all costs incidental and related thereto; and to meet this appropriation, the Treasurer, with the approval of the Select Board, is authorized to borrow One Hundred Seventy Thousand Dollars ($170,000.00), under and pursuant to G. L. c. 44, §7(1), or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor. Any premium received by the Town of Mansfield upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with G. L. c. 44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Article 9 - Motion 4: I move that the sum of Four Hundred Thousand Dollars ($400,000.00) be hereby appropriated, to be spent by the Town Manager, to repair and rehabilitate the Town’s Tower One Fire Truck, including the payment of all costs incidental and related thereto; and to meet this appropriation, the Treasurer, with the approval of the Select Board, is authorized to borrow Four Hundred Thousand Dollars ($400,000.00), under and pursuant to G. L. c. 44, §7(1), or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor. Any premium received by the Town of Mansfield upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with G. L. c. 44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. 13 Article 9 - Motion 5: I move that the sum of One Hundred Thirty-Seven Thousand Two Hundred Twenty-Six Dollars and Eighty-One Cents ($137,226.81) no longer needed for the original purposes for which the sums had been appropriated, be hereby transferred from the General Fund articles set forth below to be spent by the Town Manager for the following Capital Improvement projects for the Town of Mansfield including all costs incidental and related thereto: Capital Improvement Projects to be Funded Now: Department Description Amount Schools District-wide Bathroom Renovations $137,226.81 Totals $137,226.81 Closed General Fund Articles Funding Sources: Department Description When Voted Transfer Amount Schools Robinson ES Bathrooms Article 11 Motion 2 5/3/16 Annual Town Meeting $137,226.81 Totals $137,226.81 Article 9 - Motion 6: I move that the sum of Two Hundred Thousand Dollars ($200,000.00) be hereby appropriated to be spent by the Town Manager for the following various Capital Improvement projects for the Town of Mansfield Sewer Enterprise including all costs incidental and related thereto: Department Description Amount DPW-Sewer Enterprise Collection System Improvements $200,000.00 Totals $200,000.00 and to meet this appropriation Two Hundred Thousand Dollars ($200,000.00) be hereby appropriated from Sewer Enterprise Fund Retained Earnings. Article 9 – Motion 7: I move that the sum of Twelve Thousand Eight Hundred Twenty-Two Dollars ($12,822.00) be hereby appropriated to be spent by the Mansfield Airport Commission for the following various Capital Improvement projects for the Town of Mansfield Airport Enterprise including all costs incidental and related thereto and further that this appropriation be made available for expenditure immediately upon passage of this article: Department Description Amount Airport Enterprise Avigation Easements – Local Portion $12,822.00 Totals $12,822.00 and to meet this appropriation Twelve Thousand Eight Hundred Twenty-Two Dollars ($12,822.00) be hereby appropriated from Airport Enterprise Fund Retained Earnings. 14 Article 9 - Motion 8: I move that the sum of Five Thousand Eight Hundred Twenty-Seven Dollars ($5,827.00) no longer needed for the original purposes for which the sums had been appropriated, be hereby transferred from the Airport Enterprise Fund articles set forth below to be spent by the Mansfield Airport Commission for the following Capital Improvement projects for the Town of Mansfield including all costs incidental and related thereto: Capital Improvement Projects to be Funded Now: Department Description Amount Airport Enterprise Avigation Easements – Local Portion $5,827.00 Totals $5,827.00 Closed Airport Enterprise Fund Articles Funding Sources: Department Description When Voted Transfer Amount Airport Enterprise Gate B and Fencing Replacement Article 9 Motion 11 5/15/18 Annual Town Meeting $5,827.00 Totals $5,827.00 Article 10: I move that the Town vote to rescind the sum of One Hundred Eighty Thousand Dollars ($180,000.00) of the authorized, but unissued, bonding authorizations for balances of the capital projects as shown below, as these amounts are no longer needed to complete the projects. Amounts to be Rescinded Now: Department Purpose Town Meeting Vote Amount to be Rescinded DPW-Public Buildings For building improvements and renovations to Memorial Hall and other site improvements Article 9 Motion 5 of the May 15, 2018 Annual Town Meeting $180,000.00 Total $180,000.00 Article 11: I move that the Town vote to accept for Fiscal Year 2020 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 residents to receive one hundred percent (100%) of the available real estate tax exemptions as described in M.G.L. Chapter 59 Section 5 Clauses 17D, 22, 22A, 22B, 22C, 22D, 22E, 22G, 37A, and 41C and also grant real estate tax exemptions for Fiscal Year 2020 as allowed by Mass. General Laws Chapter 59 Section 5 Clause Twenty-second G. 15 Article 12: I move that the Town vote (1) to accept the provisions of Massachusetts General Laws Chapter 59 Section 5K as amended; 2) to allow pursuant to Chapter 59 Section 5K an approved representative, for persons physically unable, to provide such service to the Town; and 3) to allow pursuant to Chapter 59 Section 5K the maximum reduction of real property tax billing to be based on 125 volunteer service hours in a given tax year, rather than $1,500.00. Article 13 Motion 1: I move that the Town General By-law Town of Mansfield Town Code Chapter 52-5 be hereby amended by adding the following revolving fund: Revolving Fund Name Programs and Purposes of Fund Departmental Receipts to be credited to Fund Officer Authorized to Expend from Fund Fiscal Year Community Paramedicine Expenditures related to Medical Services provided to the Town’s at- risk population and ancillary services Assessments to participating cities and towns and services rendered to the public under this program Fire Chief 2020 Article 13 Motion 2: I move that the Town vote to authorize or re-authorize the following spending limits for revolving funds for use by certain Town departments, boards, committee, agencies, or officers under Mass. General Laws Ch. 44 Section 53E ½ as follows: Revolving Fund Name FY20 Total Annual Limit on Expenditures from Fund Radio Master Box Fee $40,000.00 Ambulance Fee $100,000.00 Community Paramedicine $300,000.00 Inspections $225,000.00 Library Public Printing $6,000.00 Library Materials Replacement $5,000.00 Parks & Recreation $275,000.00 Total $951,000.00 16 Article 13 Motion 3: I move that the Town General By-law Town of Mansfield Code Chapter 52-5 be hereby amended by deleting the following revolving funds: Revolving Fund Name Programs and Purposes of Fund Departmental Receipts to be credited to Fund Officer Authorized to Expend from Fund Fiscal Year PEG Access and Cable Cable-related purposes consistent with the Town’s franchise agreement All deposited funds received in connection with a franchise agreement between a cable operator and the Town Town Manager Fiscal Year 2018 Police Detail Service Charge Fee Payments of expenditures related to Mansfield police officer training and technology and/or other equipment The first $40,000 of police detail service charge fees received (the remaining police detail service charge fees to be credited as General Fund receipts) Police Chief Fiscal Year 2018 School Pepsi Commissions Any lawful expenditures approved by the School Committee Commissions on sales of Pepsi products Mansfield School Committee Fiscal Year 2018 Article 14: I move that the sum of Five Hundred Thousand Dollars ($500,000.00) be appropriated to the Airport Enterprise Fund to be expended by the Mansfield Airport Commission with the approval of the Town Manager for the purpose of acquiring avigation easements on or over various properties located in Norton, MA as required by the Federal Aviation Administration and to meet this appropriation, Five Hundred Thousand Dollars ($500,000.00) be hereby transferred from the Town’s General Stabilization Fund. Article 15: I move that the sum of Four Hundred Thousand Dollars ($400,000.00) be appropriated to the Employee Other Post-Employment Benefits (OPEB) Liability Trust Fund and to meet this appropriation, Four Hundred Thousand Dollars ($400,000.00) be hereby raised and appropriated from the FY20 Tax Levy and other general revenues of the Town. 17 Article 16: I move that no action be taken on the subject matter of Article 16. Article 17: I move that no action be taken on the subject matter of Article 17. Article 18: I move that no action be taken on the subject matter of Article 18. Article 19: I move that no action be taken on the subject matter of Article 19. Article 20: I move that no action be taken on the subject matter of Article 20. Article 21: I move that the Town vote to amend the local excise tax imposed under Mass. General Laws Chapter 64G Section 3A upon the transfer of occupancy of any room or rooms in a bed and breakfast establishment, hotel, lodging house or motel located within the Town by any operator to six percent of the total amounts of rent for each such occupancy; said six percent rate to commence on July 1, 2019. Article 22: I move that the sum of Five Hundred Thirty-Six Thousand Eight Hundred Seventy-Two Dollars ($536,872.00) be appropriated to be expended by the Town Manager for the purpose of purchasing a new Fire Engine, and to meet this appropriation, Five Hundred Thirty-Six Thousand Eight Hundred Seventy-Two Dollars ($536,872.00) be hereby transferred from the Town’s Receipts Reserved For Appropriation Insurance Reimbursements over $150,000 Fund. Article 23: I move that the Town vote to create an Employee Health Care Stabilization Fund commencing on May 7, 2019 as authorized by M.G.L. Chapter 40 Section 5B. Article 24: I move that the sum of One Million Nine Hundred Thirty-Five Thousand Two Hundred Thirty- Six Dollars ($1,935,236.00) be appropriated to the Employee Health Care Stabilization Fund and to meet this appropriation, One Million Nine Hundred Thirty-Five Thousand Two Hundred Thirty-Six Dollars ($1,935,236.00) be hereby transferred from Free Cash (Undesignated Fund Balance) in the treasury of the Town. 18 Article 25: I move that no action be taken on the subject matter of Article 25. Article 26: I move that the Mansfield School Committee be authorized to enter into a Computer Equipment contract for a period in excess of three years, for a total contract not to exceed four years. Article 27: I move that the Select Board be authorized to acquire by purchase, gift, or eminent domain permanent and temporary easements over and under all or any portions of the properties listed in the warrant for the transmission of electricity, including but not limited to for the installation, construction, maintenance, repair, use, and operation of electric facilities and improvements and access thereto. Assessor ID Property Address Supposed Owner Map 12, Lot 16 328 School Stand, also known as 280 School Street Route 140 School Street LLC Map 38, Lot 52 386 Franklin Street Joseph Richard Hallowell, Jr. Map 24, Lot 9 42 Park Street Edward W. O’Malley & Christine A. O’Malley- O’Malley Family Revocable Trust Article 28: I move that Article II of Chapter 86 of the Town of Mansfield Town Code be hereby amended by replacing section 81-17 with the new section 81-17 as follows: Article II. Mechanical Protection Devices § 81-17. Appeals: If an alarm user wishes to contest the imposed penalty, such user may do so in accordance with Chapter 40 section 21D of the General Laws of the Commonwealth, by making a written request for a non-criminal hearing to the Clerk Magistrate at the Attleboro District Court and enclosing a copy of the citation within 21 days of the date that the citation is received either in hand to the Alarm-User or the user’s representative or by Certified Mail. Article 29: I move that no action be taken on the subject matter of Article 29. 19 Article 30: I move that the Select Board be authorized to transfer to the Conservation Commission the care, custody, management, and control of a certain parcel of land off Gilbert Street Rear, Mansfield, as shown on Assessors’ Map 4, Parcel 18, containing 11.4 acres, for the conservation, open space, and passive recreational purposes in perpetuity to be held and administered by the Commission pursuant to M.G.L. Chapter 40 Section 8C. 20 Article 31: I move that the Select Board be authorized to transfer to the Conservation Commission the care, custody, management, and control of a certain parcel of land on the westerly side of South Main Street, Mansfield, as shown on Assessors’ Map 14, Parcel 20, containing 1.3 acres, for the conservation, open space, and passive recreational purposes in perpetuity to be held and administered by the Commission pursuant to M.G.L. Chapter 40 Section 8C. 21 Article 32: I move that the Select Board be authorized to transfer to the Conservation Commission the care, custody, management, and control of a certain parcel of land as shown on Assessors’ Map 32, Parcel 12, containing 7.43 acres, for the conservation, open space, and passive recreational purposes in perpetuity to be held and administered by the Commission pursuant to M.G.L. Chapter 40 Section 8C. 22 Article 33: I move that the Town Zoning By-laws as stated in Section 230-4.4 of the Town of Mansfield Town Code entitled “Off Street Parking and Loading” be hereby amended as printed in the warrant. 230-4.4 Off Street Parking and Loading Land Use Minimum Number of Off-Street Parking Spaces General Business, or commercial, personal services (barber, hair dresser, and tailor), department stores, drug stores, variety stores, medical centers, and outpatient clinics; banks, bowling alleys, and business, professional and other offices less than 25,000 square feet. 1 per 200 square feet of gross floor area. In B1 and B2, 1 per 1,000 square feet of gross floor area. Restaurant 1 per 4 seats; in B1 and B2, 1 space per 1,000 square feet of gross floor area. In the B1 and B2 zones, off-street parking is not required where valet parking is provided. Only for conversion to restaurant use in the B1 and B2 zones, the Planning Board may waive the off-street parking requirement as part of site plan or special permit approval based upon alternate parking solutions. ADA- compliant parking must still be provided. Article 34: I move that the Town Zoning By-laws related to Marquee Signs as stated in Section 230-1.5 of the Town of Mansfield Town Code entitled “Definitions” be hereby amended as printed in the warrant. 230-1.5 Definitions Marquee Sign – Marquee signs are permitted in the Downtown Business Zones and the Reservoir District only and are defined as follows: a structure projecting over the entrance, or from the façade of a theatrical entertainment center, art gallery or museum, commonly containing signage stating the name of the establishment and may also display the event or performance and cast currently appearing or soon to appear at that location. Events must be held on the premises. Signs may be permitted to overhang a sidewalk or project from the front face of a building, provided that they do not exceed twelve (12) square feet per side in area. Such signs shall not project more than two feet (2’) from the front face of the building wall and shall be at least eight feet (8’) above the ground. A marquee sign may be internally illuminated, bulb lit or ground lit. Flashing, animated, moving or otherwise distracting marquee signs are not permitted. 23 While the preceding paragraph defines the maximum dimensions of a marquee sign in Mansfield’s Downtown Business Zones, it is the specific intent of the following paragraph to allow for larger marquee signs in the Reservoir District. Marquee signs in the Reservoir District may not be allowed to overhang a public sidewalk by more than two feet (2’), but may be allowed to project from the face of the building up to six feet (6’) and may contain up to thirty-two (32) square feet per side. The lowest point of the marquee sign shall be no less than eight feet (8’) above the ground. Article 35: I move that the Town Zoning By-laws as stated in Section 230-1.5 of the Town of Mansfield Town Code entitled “Amusement” be hereby amended as shown below. Amusement Family Entertainment Center – 65,000 square foot or smaller, indoor facility or facilities that provides a variety of amusement opportunities. These uses may include, but are not limited to, a skating rink, theater, cinema, bowling alley, arcade, indoor golf or other sports simulation, or art studio-like enrichment activities, as well as food and beverage offerings. Adult bookstore, adult motion picture theater, adult paraphernalia store, adult video store and adult cabaret are specifically excluded from this definition. Residential RD Business Industrial A TOD 1 2 3 1 2 3 4 1 2 3 Amusement N N N S Y Y S S N N S N S S S N 24 Article 36: I move that the Town Zoning By-laws related to the North Main Street Business Overlay District map be hereby amended as printed in the warrant and shown below. EXISTING DISTRICT: 25 PROPOSED DISTRICT: 26 Article 37: Citizens Petition: I move that the Town’s Zoning By-law Chapter 230, Section 4.2B be hereby amended as printed in the warrant: “I move the Town vote to amend the Town’s Zoning Bylaw, Chapter 230, to the extent necessary to change the Schedule of Principal Use Regulations, Section 4.2B, of the Zoning By- laws for the Central Business District, B1, and the Downtown Mixed Use District, B2, as shown below of the Zoning Bylaw, Schedule 4.2B, Density and Dimensional Regulations Business and Industrial Districts to provide a Maximum Building Height By Right of 36 for the Central Business District, B1, and the Downtown Mixed Use District, B2.” Schedule 4.2B Density and Dimensional Regulations Business and Industrial Districts [Amended 4- 12-2016 ATM by Art, 27] B1 B2 B3 B4 PBD 11 12 13 TOD Maximum floor area ratio By right Retail 2.0 1.0 0.25 0.50 --- 0.40 --- 0.25 0.50 Office 2.0 1.0 0.25 0.60 0.75 0.40 0.25 0.25 0.75 Other nonresidential 2.0 1.0 0.25 0.60 0.60 0.40 0.25 0.25 0.75 Residential --- 0.5 --- --- --- --- 0.25 0.50 Business/Residential 2.5 1.5 --- 0.80 --- --- --- 0.25 2.0 Special permit (§230-4.9) --- --- --- --- 0.75 0.75 --- --- --- Green building/sustainable development (§ 230- 4.9A) --- --- --- --- 0.85 --- --- --- --- Research and development --- --- --- --- 0.75 0.40 --- --- --- Biotechnology --- --- --- --- 0.75 0.40 --- --- --- Light manufacturing --- --- --- --- 0.75 0.40 --- --- --- General manufacturing 0.75 0.40 --- --- --- Minimum lot size (square feet) --- --- 15,000 15,000 40,000 40,000 15,000 15,000 40,000 Minimum open space (percent) --- --- --- --- 35% 35% 35% 35% --- Maximum building height 45 36 45 36 45 45 90 60 45 45 45 Minimum frontage (feet) --- --- 100 100 200 200 50 50 50 27 Minimum setbacks (feet) Front --- --- 50 30 50 50 50 50 0 Side --- --- 20 20 20 20 20 20 0 Rear --- --- 20 40 20 20 20 20 25 SPONSOR: Mark A. Tarlton and 12 others Explanation: The purpose of this article is to reduce the maximum building heights allowable by right in the Downtown areas of Mansfield on a temporary basis. The intent of this is to take a pause from recent development and to evaluate the opportunities in the Downtown and surrounding area. We ask that Town Management, the planning board and the zoning board authority develop a specific and factually supported master plan for these two districts. This is so that the Town of Mansfield can have a clear vision for the Downtown area with support for zoning that encourages successful development, that supports the culture of Mansfield, that gives recreational and retail opportunities for residents and that truly enhances the tax base. After this review is accomplished and presented, Town Management is encouraged to submit appropriate changes to zoning regulations as necessary and allow the Downtown area to thrive and succeed.” Article 38: Citizens Petition: I move that the Town’s Zoning By-law Chapter 230 be amended to insert the new section 230- 3.4 as printed in the warrant: “To see if the Town will vote to amend the Town of Mansfield Zoning By-laws and adopt the following new Section 230-3.4M: Marijuana Manufacturing, Independent Laboratory Testing or Research allowed by Special Permit in the I-2 district, as set out in the attachment hereto as Exhibit A, or take any action in relation thereto. 230-3.4M Recreational Marijuana Manufacturing, Independent Laboratory Testing or Research Special Permit A. Purpose The Manufacturing, Independent Laboratory Testing or Research of recreational marijuana may be allowed by special permit granted by the Planning Board in the I-2 Zoning District as shown on the existing Town of Mansfield Zoning Map printed 07/24/2018. The purpose of this bylaw is to establish a local process for the locating, permitting and regulation of Marijuana Manufacturing, Independent Laboratory Testing or Research for marijuana in accordance with MGL 64N and MGL 94G; to protect the health, safety and 28 general welfare of the inhabitants of the Town of Mansfield; and to properly locate the subject uses in order that the uses have the minimal possible exposure to Mansfield’s children and impact on housing values, and to provide a destination location that is consistent with other allowed activities in the I-2 zoning district. B. Definitions Host Community: a municipality in which a marijuana establishment is located or in which an applicant has proposed locating an establishment. Independent Testing Laboratory: a laboratory that is licensed by the commission and is: (i) accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Cooperation mutual recognition arrangement or that is otherwise approved by the commission; (ii) independent financially from any medical marijuana treatment center or licensee or marijuana establishment for which it conducts a test; and (iii) qualified to test marijuana in compliance with regulations promulgated by the commission pursuant to G.L. c. 94G. Manufacture: to compound, blend, extract, infuse or otherwise make or prepare a marijuana product. Marijuana: All parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in section 1 of chapter 94C; provided that “Marijuana shall not include: (i) The mature stalk of the plant, fiber produced from the stalks, oil, or cake make from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; (ii) hemp; or (iii) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. Marijuana Establishment: A marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer, independent testing laboratory, marijuana research facility, marijuana transporter, or any other type of licensed marijuana-related business, except a medical marijuana treatment center. Marijuana Product Manufacturer: An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers. Marijuana Products: Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures. Marijuana Research Facility: An academic institution, non-profit corporation or domestic corporation or entity authorized to do business in the Commonwealth of 29 Massachusetts. A marijuana research facility may cultivate, purchase or otherwise acquire marijuana for the purpose of conducting research regarding marijuana and marijuana products. Any research involving humans must be authorized by an Institutional Review Board. A marijuana research facility may not sell marijuana it has cultivated. Marijuana Testing Facility: An entity licensed to test marijuana products, including certification for potency and the presence of contaminants. C. Applicability 1. Marijuana Manufacturing, Independent Laboratory Testing or Research shall be permitted by Special Permit in the I-2 zoning district. 2. The Planning Board shall be the special permit granting authority for all Marijuana Manufacturing, Independent Laboratory Testing or Research. 3. A special permit application may be made for one or more of the three uses: (1) Manufacturing (2) Independent Laboratory Testing (3) Research. 4. The Special Permit Granting Authority may only grant a special permit for a use permitted by the bylaw if such use is proposed to be carried out completely within the confines of a building on a lot that has a minimum size of four (4) acres. 5. All Marijuana Manufacturing, Independent Laboratory Testing or Research Special Permit applications shall provide all applications, fees, plans, and information identified in Section 5.5, Special Permits, of this zoning bylaw. 6. Application for a special permit shall be filed by the petitioner with the Town Clerk and the Special Permit Granting Authority. Notice of public hearing shall be given in accordance with MGL Chapter 40A, Section 11. Public hearing shall be held within sixty-five (65) days from the date of filing said application. The decision of the Special Permit Granting Authority shall be made within ninety (90) days of the public hearing and decision may be extended by written agreement between the petitioner and the Special Permit Granting Authority. A copy of the agreement shall be filed with the Town Clerk. D. Special Permit Consideration No special permit shall be issued to any person convicted of violating the provisions of MGL Chapter 119, Section 63 or MGL Chapter 272, Section 28. Special permits granted under the provisions of this bylaw are non-transferable. All Recreational Marijuana special permits may be granted under this bylaw for a term not to exceed five years, which may be renewed, unless complaints are filed based upon violations of the standards set forth in this section. In the event of complaints, the Special Permit Granting Authority shall hold a public hearing to hear said complaints before considering renewal of the special permit. Special permits granted under this section shall lapse within three years if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. 30 In considering a special permit application, the Special Permit Granting Authority shall take the following into consideration: a. Impact on the health, safety, convenience, general welfare and amenities of the inhabitants of the Town; b. Effects on adjoining premises, neighborhood character, social structure, and community values and standards; c. Vehicular and pedestrian traffic convenience, safety, and adequacy, including an assessment of movement within the site and in relation to adjacent streets, properties, or improvements; d. Adequacy of municipal facilities and services, including but not limited to, fire and police protection, water provision, and wastewater disposal; e. Effects on the natural environment; and f. Fiscal impacts, including effect on the tax and employment base, municipal finances, and property values. In addition, the Special Permit Granting Authority shall take the following into consideration: The premises provide adequate security for the marijuana products that are used in the operation for which the special permit is sought. Traffic generated by the operation shall be that which is normal and customary for other business operations in the I-2 zoning district. No special permit shall be issued for a Marijuana Manufacturing, Independent Laboratory Testing or Research use unless the use(s) conforms to the following minimum setback (distance) requirements. Public/Private Schools 500 feet Day Care Center 500 feet Such distances shall be measured building to building. Application Process 1.The application process for a special permit for a Marijuana Manufacturing, Independent Laboratory Testing or Research facility shall comply with all the requirements of Section 5.5, Special Permits. Each application shall demonstrate a safe, secure structure and parking area in a non- intrusive manner, in the opinion of the Special Permit Granting Authority. All special permit public hearings shall be conducted in accordance with MGL Chapter 40A. 2. Before submitting the application for a Marijuana Manufacturing, Independent Laboratory Testing or Research Special Permit, the applicant shall schedule an appointment to meet with staff to discuss the procedure for approval of a special permit for the project, including submittal requirements and site standards. At the 31 conclusion of the meeting(s), staff will prepare summary notes/minutes of the meetings for distribution. Design Standards 1. All landscaping and screening and exterior lighting shall conform to Section 230-4.3 of the Mansfield Zoning Bylaw. 2. All parking shall conform to Section 230-4.4 of the Mansfield Zoning Bylaw. 3. Signage: One three foot (3’) by five foot (5’) wall sign containing the name of the establishment may be permitted on the exterior wall above the public entrance. The following types of signage are strictly prohibited: Internally illuminated signage; Off-site signage; Outdoor advertising signs; A-frame or sandwich board style signs; Simulated product; 4. Context Map: A map depicting all lots and land uses within a 500-foot radius of the building that is intended to be used as the building that contains the operation proposed for the special permit. Special Permit Conditions The Planning Board shall impose conditions reasonably appropriate to improve site design, traffic flow, public safety, air quality, and preserve the character of the surrounding area and otherwise serve the purpose of this Section. In addition to any specific conditions applicable in the applicant’s Marijuana Manufacturing, Independent Laboratory Testing or Research application, the Planning Board shall include the following conditions in any special permit under this section: 1. The permit holder shall provide to the Building Inspector, Police and Fire Departments and the Board of Health the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder. 2. The designated contact person(s) shall notify in writing the Police and Fire Departments, Building Inspector, Board of Health and the Planning Board within a minimum twelve (12) hours following a violation, potential violation, or any attempts to violate any applicable law, or any criminal, potential criminal, or attempted criminal activities as a Marijuana Manufacturing, Independent Laboratory Testing or Research facility under this section. 3. The special permit shall lapse within five (5) years of its issuance. If the permit holder wishes to renew the special permit, an application to renew the special permit must be submitted at least 120 days prior to the expiration of the special permit. 4. The design of any new building, façade or signage shall be constructed exactly as approved by the Planning Board. Any deviations from the approved plan shall be approved by the Planning Board or the special permit shall be void. 5. The special permit shall be limited to the current applicant and shall lapse if the 32 permit holder ceases operating the Marijuana Manufacturing, Independent Laboratory Testing or Research operation. Prohibited Uses No person shall use or consume, or attempt to use or consume any marijuana product as defined herein, in or upon any public place or place to which the public has a right of access as invitees or licensees, including, but not limited to all public ways, roads, sidewalks, parking lots, parks and commons, town-owned open space or land owned by or managed by the Conservation Commission, cemeteries, municipal buildings and the grounds appurtenant thereto, and schools and the grounds and athletic fields appurtenant thereto and which shall include any motor vehicle or bicycle when parked or moving upon any of the aforementioned places or locations. A violation of this bylaw shall be deemed a breach of the peace. No consumption of purchased product may occur on site or within a vehicle parked on site. Outdoor marketing events, outdoor promotions or outdoor gathering or displays are strictly prohibited. E. Host Community Agreement Pursuant to G. L. c. 94G, §3(d) a Marijuana Manufacturing, Independent Laboratory Testing or Research facility seeking to conduct business in Mansfield shall execute an agreement with the Town of Mansfield that may include a community impact fee; provided however that the community impact fee shall be reasonably related to the costs imposed by the Town by the operation of the Marijuana Manufacturing, Independent Laboratory Testing or Research facility and shall not amount to more than 3 per cent of the gross sales of the Marijuana Manufacturing, Independent Laboratory Testing or Research facility or be effective for longer than 5 years. Any cost to the Town of Mansfield imposed by the operation of a Marijuana Manufacturing, Independent Laboratory Testing or Research facility shall be documented and considered a public record as defined by Massachusetts law. F. Severability; Conflict with Other Laws To the extent a conflict exists between this bylaw and other bylaws of the Town of Mansfield, the more restrictive provisions shall apply. 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 part of any section or sections, of this bylaw shall not affect the validity of the remaining sections or parts of sections or any other bylaws of the Town of Mansfield.” 33 Recreational Marijuana Uses Residential Business Industrial R1 R2 R3 R B1 B2 B3 B4 PBD I1 I2 I3 A TOD SPA Cultivation and Craft Marijuana (use continued below) Cultivator Cooperative N N N N N N N N S N N N N N Y Microbusiness N N N N N N N N N N N N N N N Manufacturing N N N N N N N N N N S N N N Y Independent Testing Laboratory N N N N N N N N N N S N N N Y Retail (brick and mortar) N N N N N N N N N S N N N N Y Retail (delivery only) N N N N N N N N N N N N N N N Third Party Transporter N N N N N N N N N N N N N N N Existing License Transporter N N N N N N N N N N N N N N N Research N N N N N N N N N N S N N N Y Social Consumption - primary use N N N N N N N N N N N N N N N Social Consumption – mixed use N N N N N N N N N N N N N N N SPONSOR: Thomas F. Sheehan, Jr. and 15 others 34 35