Pursuant to the authority of Chapter 491 of
Legislative Acts of 2004 and the Town of Franklin Home Rule Charter,
there is hereby created a local municipal affordable housing trust
fund to be known as the "Franklin Municipal Affordable Housing Trust
Fund" (hereinafter, "Trust Fund").
The purpose of the Trust Fund shall be:
A. To receive, hold, invest, and/or expend funds for
the acquisition, rehabilitation, renovation, construction, financing
or refinancing of property within the Town of Franklin so that such
property will be substantially available as residential property for
low- and moderate-income persons and to further provide mechanisms
to ensure such use; and
B. To utilize funds for temporary consulting services
that allow the Town of Franklin to provide or preserve real property
in the Town so that such property will be substantially available
as residential property for low- and moderate-income persons and to
further provide mechanisms to ensure such use.
The Trust Fund shall have seven Trustees at
all times. The Franklin Town Administrator shall serve as a Trustee
by virtue of the office held. The six remaining Trustees shall be
appointed by the Town Administrator, subject to ratification by the
Town Council. In making the appointments, the Town Administrator shall
endeavor to provide a broad-based membership including legal, banking,
financial and real estate professionals, other members of the local
business community, affordable housing advocates, and other interested
residents.
The Town Administrator's term as Trustee shall
begin on the day that the Town Administrator is appointed and shall
end upon the date that the Town Administrator's resignation or termination
is effective. Each of the six other Trustees shall be appointed for
a one-year term commencing on July 1 and ending on June 30 or until
such time as a successor is appointed, should said appointment be
delayed.
[Amended 8-17-2022 by Bylaw Amendment 22-881]
The Trustees shall annually elect one Trustee to serve as Chairperson, one Trustee to serve as Vice Chair, and one Trustee to serve as Clerk; the Town Administrator shall not be eligible to serve in any of these positions. The Chairperson shall preside at meetings, and shall be responsible for calling all meetings except as provided in §
7-7, and for timely preparation and posting of meeting agendas and otherwise complying with the notice requirements of the Open Meeting Law, MGL c. 30A, §§ 18 through 25. The Vice Chair shall preside at meetings and perform the other duties of the Chairperson in the absence or recusal of the Chairperson. The Clerk shall have the responsibility to ensure that accurate and timely meeting minutes are prepared. The Chairperson may establish subcommittees and/or ad hoc task related committees to carry out the purposes of the Trust Fund. Chairpersons of the subcommittees may be selected by the members of the subcommittees.
In the event of a vacancy in the position of
Trustee, the appointment shall be made in the same manner as the original
appointment.
[Amended 8-17-2022 by Bylaw Amendment 22-881]
Meetings of the Trust Fund shall be held on
a regular basis. Special meetings may be called by the Chairperson
or by any two Trustees. Notice of any meeting of the Trust Fund shall
be filed with the Town Clerk and posted in accordance with the Open
Meeting Law, MGL c. 30A, §§ 18 through 25. Four Trustees
shall constitute a quorum but a majority vote of the full membership
shall be required to approve any motion.
The Franklin Municipal Affordable Housing Trust
Fund shall have the responsibility to support the construction and
preservation of affordable housing in order to secure rental and home
ownership opportunities for our community's low- and moderate-income
individuals and families in the future. The Trust Fund shall have
the powers and duties specified in Chapter 491 of the Legislative
Acts of 2004, provided that it shall have no ability to borrow money,
or mortgage or pledge trust assets without prior Town Council approval.
It shall have the following additional powers and duties:
A. To establish criteria and/or qualifications for recipients
and expenditures in accordance with the Trust Fund's above-stated
purposes.
B. To employ consultants and full- or part-time staff,
to contract for administrative and support goods and services, and
to expend up to 10% of the Trust Fund's receipts for these purposes.
The Town of Franklin Treasurer-Collector shall
be the custodian of the Trust's funds and shall maintain separate
accounts and records for said funds. He or she shall invest the funds
in the manner authorized by §§ 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 Trust.