[Code of Bylaws, § 18-1]
The trust shall be called the "Millbury Affordable Housing Trust Fund."
[Code of Bylaws, § 18-2]
The purpose of the trust shall be to provide for the preservation and creation of affordable housing in the town of Millbury for the benefit of low and moderate income households. In furtherance of this purpose, the trustees are hereby authorized, in accordance with the procedures set forth herein, to acquire by gift, purchase or otherwise real estate and personal property, both tangible and intangible, of every sort and description; to use such property, both real and personal, in such manner as the trustees shall deem most appropriate to carry out such purpose; provided, however, that all property held by the trust and the net earnings thereof shall be used exclusively for the preservation and creation in the town of Millbury of affordable housing for the purposes for which this trust was formed.
[Code of Bylaws, § 18-3]
There shall be a board of trustees, in this section called the board, consisting of not less than five or more than seven trustees who shall be appointed by the board of selectmen. One of the trustees shall be a member of the board of selectmen. One of the trustees may be the town manager. Only persons who are residents of the town of Millbury shall be eligible to hold the office of trustee.
Trustees shall serve for a term of two years, except that two of the initial trustee appointments shall be for a term of one year, provided said trustees may be reappointed at the discretion of the board of selectmen. Any trustee who ceases to be a resident of the town of Millbury shall cease to be a trustee hereunder and shall promptly provide a written notification of the change in residence to the board and to the town clerk. Any trustee may resign by written instrument signed and acknowledged by such trustee and duly filed with the town clerk. If a trustee shall die, resign, or for any other reason cease to be a trustee hereunder before his/her term of office expires, a successor shall be appointed by the board of selectmen to fill such vacancy; provided, that in each case the said appointment and acceptance in writing by the trustee so appointed is filed with the town clerk. No such appointment shall be required so long as there are five trustees in office. Upon the appointment of any succeeding trustee and the filing of such appointment the title to the trust estate shall thereupon and without the necessity of any conveyance be vested in such succeeding trustee jointly with the remaining trustees. Any trustee may be removed by the board of selectmen for cause, or no cause. Reference to the trustee shall mean the trustee or trustees for the time being hereunder.
[Code of Bylaws, § 18-4]
The trust shall meet at least monthly at such time and at such place as the trustees shall determine. Notice of all meetings of the trust shall be given in accordance with the provisions of the Open Meeting Law, M.G.L. ch. 39, §§ 23A, 23B and 23C. A quorum at any meeting shall be a majority of the trustees qualified and present in person.
[Code of Bylaws, § 18-5]
The board of trustees shall have the following powers which shall be carried out in accordance with and in furtherance of the provisions of M.G.L. ch. 44, § 55C:
(a)
To accept and receive property, whether real or personal, by gift, grant, devise, or transfer from any person, firm, corporation or other public or private entity, including, without limitation, grants of funds or other property tendered to the trust in connection with provisions of any zoning bylaw or any other bylaw;
(b)
To purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income;
(c)
To sell, lease, exchange, transfer or convey any real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to trust real property as the trustees deem advisable notwithstanding the length of any such lease or contract;
(d)
To sell, lease, exchange, transfer, or convey any personal property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to trust personal property notwithstanding the length of any such lease or contract;
(e)
To execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust;
(f)
To employ advisors and agents, such as accountants, appraisers and lawyers as the trustees deem necessary;
(g)
To pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the trustees deem advisable;
(h)
To apportion receipts and charges between income and principal as the trustees deem advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise;
(i)
To participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution, to vote any securities or certificates of interest, and to consent to any contract, lease, mortgage, purchase or sale of property, by or between any corporation and any other corporation or person;
(j)
To deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the board may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board may deem necessary and appropriate;
(k)
To carry property for accounting purposes other than acquisition date values;
(l)
By a two-thirds majority vote, to incur debt and/or to borrow money on such terms and conditions and from such sources as the trustees deem advisable, and to mortgage and pledge trust assets as collateral;
(m)
To disburse trust funds for the purpose of making loans or grants in furtherance of the creation or preservation of affordable housing in Millbury upon such terms as the trustees shall deem appropriate to carry out such purposes;
(n)
To make distributions or divisions of principal in kind;
(o)
To compromise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of M.G.L. ch. 44, § 55C, to continue to hold the same for such period of time as the board may deem appropriate;
(p)
To manage or improve real property and to abandon any property which the trustees determine not to be worth retaining;
(q)
To hold all or part of the trust property uninvested for such purposes and for such time as the trustees may deem appropriate; and
(r)
To extend the time for payment of any obligation to the trust.
[Code of Bylaws, § 18-6]
Notwithstanding any general or special law to the contrary, all monies paid to the trust in accordance with any zoning bylaw, exaction fee, or private contribution shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property and these funds need not be further appropriated to be expended. All monies remaining in the trust at the end of any fiscal year, whether or not expended by the board within one year of the date they were appropriated into the trust, remain trust property.
[Code of Bylaws, § 18-7]
A majority of trustees may exercise any or all of the powers of the trustees hereunder and may execute on behalf of the trustees any and all instruments with the same effect as though executed by all the trustees. No trustee shall be required to give bond. No license of court shall be required to confirm the validity of any transaction entered into by the trustees with respect to the trust property.
[Code of Bylaws, § 18-8]
The trust is a public employer and the trustees are public employees for the purposes of M.G.L. ch. 268A. The trust shall be deemed a municipal agency and the trustees special municipal employees for the purposes of M.G.L. ch. 268A. Notwithstanding the foregoing, neither the trustees nor any agent or officer of the trust shall have the authority to bind the town, except in the manner specifically authorized herein.
[Code of Bylaws, § 18-10]
The town treasurer shall be the custodian of the funds of the trust. The books and records of the trust shall be audited annually by an independent auditor in accordance with accepted accounting practices for municipalities. Upon receipt of the audit by the trustees, a copy shall be provided forthwith to the board of selectmen.
[Code of Bylaws, § 18-13]
This trust shall be of indefinite duration, until terminated in accordance with applicable law.
Upon termination of the trust, subject to the payment of or making provisions for the payment of all obligations and liabilities of the trust and the trustees, the net assets of the trust shall be transferred to the town and held by the board of selectmen for affordable housing purposes. In making any such distribution, the trustees may, subject to the approval of the board of selectmen, sell all or any portion of the trust property and distribute the net proceeds thereof or they may distribute any of the assets in kind. The powers of the trustees shall continue until the affairs of the trust are concluded.
[Code of Bylaws, § 18-14]
The board of selectmen may authorize the trustees to execute, deliver, and record with the registry of deeds any documents required for any conveyance authorized hereunder.
[Code of Bylaws, § 18-15; Bylaws Art. 34, 5-1-2007]
The titles to the various sections herein are for convenience only and are not to be considered part of said sections nor shall they affect the meaning or the language of any such section.
[Code of Bylaws, § 2-69; Bylaws Art. 23, 5-2-2017; Bylaws Art. 24, 5-2-2018]
This chapter establishes and authorizes revolving funds for use by town departments, boards, committees, agencies or officers in connection with the operation of programs or activities that generate fees, charges or other receipts to support all or some of the expenses of those programs or activities. These revolving funds are established under and governed by M.G.L. ch. 44, § 53E1/2.
[Code of Bylaws, § 2-69; Bylaws Art. 23, 5-2-2017; Bylaws Art. 24, 5-2-2018]
A department or agency head, board, committee or officer may incur liabilities against and spend monies from a revolving fund established and authorized by this chapter without appropriation subject to the following limitations:
(a)
Fringe benefits of full-time employees whose salaries or wages are paid from the fund shall also be paid from the fund, except for those employed as school bus drivers.
(b)
No liability shall be incurred in excess of the available balance of the fund.
(c)
The total amount spent during a fiscal year shall not exceed the amount authorized by town meeting on or before July 1st of that fiscal year, or any increased amount of the authorization that is later approved during that fiscal year by the selectboard and finance committee.
[Code of Bylaws, § 2-69; Bylaws Art. 23, 5-2-2017; Bylaws Art. 24, 5-2-2018]
Interest earned on monies credited to a revolving fund established by this chapter shall be credited to the general fund.
[Code of Bylaws, § 2-69; Bylaws Art. 23, 5-2-2017; Bylaws Art. 24, 5-2-2018]
Except as provided in M.G.L. ch. 44, § 53E1/2, and this chapter, the laws, charter provisions, bylaws, rules, regulations, policies or procedures that govern the receipt and custody of the town monies and the expenditure and payment of town funds shall apply to the use of a revolving fund established and authorized by this chapter. The town accountant shall include a statement on the collections credited to each fund, the encumbrances and expenditures charged to the fund and the balance available for expenditure in the regular report the town accountant auditor provides the department, board, committee, agency or officer on appropriations made for its use.
[Code of Bylaws, § 2-69; Bylaws Art. 23, 5-2-2017; Bylaws Art. 24, 5-2-2018; 5-7-2019 ATM by Art. 25; 5-3-2022 ATM by Art. 5; 5-2-2023 ATM by Art. 4; 5-7-2024 ATM by Art. 10; 5-6-2025 ATM by Art. 11]
The following table establishes:
(a)
Each revolving fund authorized for use by a town department, board, committee, agency or officer;
(b)
The department or agency head, board, committee or officer authorized to spend from each fund;
(c)
The fees, charges and other monies charged and received by the department, board, committee, agency or officer in connection with the program or activity for which the fund is established that shall be credited to each fund by the town accountant;
(d)
The expenses of the program or activity for which each fund may be used;
(e)
Any restrictions or conditions on expenditures from each fund;
(f)
Any reporting or other requirements that apply to each fund; and
(g)
The fiscal years each fund shall operate under this chapter.
Authorized Revolving Funds | ||||||
|---|---|---|---|---|---|---|
A Revolving Fund | B Department, Board, Committee, Agency or Officer Authorized to Spend from Fund | C Fees, Charges or Other Receipts Credited to Fund | D Program or Activity Expenses Payable from Fund | E Restrictions or Conditions on Expenses Payable from Fund | F Other Requirements/Reports | G Fiscal Years |
Title V Inspections | Board of Health | Septic System Inspection Fees | Payment for Contractual Services for Septic Inspections | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter and by Town Meeting Vote | Fiscal Year 2018 and Subsequent Years |
Variances and Permits | Board of Appeals | Filing Fees for Variances and Permits | Part-Time Salaries, and Expenses | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter and by Town Meeting Vote | Fiscal Year 2018 and Subsequent Years |
M.G.L. ch. 40B | Board of Appeals | Filing Fees Related to M.G.L. ch. 40B | Part-Time Salaries, Supplies, and Contractual Services Relating to M.G.L. ch. 40B Applications | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter and by Town Meeting Vote | Fiscal Year 2018 and Subsequent Years |
Transfer Station | DPW Director | Funding Associated with the Operations of the Transfer Station Including but Not Limited to Hauling and Recycling | Fees Associated with the Operations of the Transfer Station Including but Not Limited to Hauling and Recycling | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter and by Town Meeting Vote | Fiscal Year 2019 and Subsequent Years |
Sealer of Weights and Measures | Town Manager | Fees Received for Sealing of Weights and Measures | Payment of Expenses and Services Related to the Sealing of Weights and Measures | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter and by Town Meeting Vote | Fiscal Year 2026 and Subsequent Years |
Police Dept. - License to Carry | Chief of Police | Fees Received for Firearms Cards and License to Carry Permits | To Make Payment Due to the Commonwealth of Mass. for Their Portion of the Fees | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter and by Town Meeting Vote | Fiscal Year 2018 and Subsequent Years |
Asa Waters | Asa Waters Task Force, with Town Manager Approval | Fees from Rentals, Donations, and Charges | To Fund Part-Time Wages, and Expenses Associated with Running the Mansion | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter and by Town Meeting Vote | Fiscal Year 2018 and Subsequent Years |
Millbury Housing Partnership | Town Manager | Proceeds from Sale of Affordable Homes | Payment of Administrative, Legal, Planning, Engineering and Related Expenses of the Affordable Housing Program | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter and by Town Meeting Vote | Fiscal Year 2018 and Subsequent Years |
Earth Removal | Earth Removal Board with Town Manager Approval | Application Fees | Administrative Fees, Planning, Inspection, and Engineering Expenses Related to the Removal Permit Application | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter and by Town Meeting Vote | Fiscal Year 2018 and Subsequent Years |
Student Parking Fees | Millbury School Committee | Student Parking Fees | To Fund the Part-Time Wages, and Expenses Associated with Maintenance and Improvement of Parking Lot | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter and by Town Meeting Vote | Fiscal Year 2018 and Subsequent Years |
Council on Aging | Senior Center Director with Town Manager Approval | Program Fees | To Fund Expenses Associated with Running Certain Programs | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter and by Town Meeting Vote | Fiscal Year 2018 and Subsequent Years |
Bark Park | Director of Planning and Development or Town Manager | Donations and Fees | To Fund Expenses Associated with Running Bark Park | Cannot Exceed Balance | None, Other Than As Set forth in This Chapter and by Town Meeting Vote | Fiscal Year 2018 and Subsequent Years |
Energy and Recycling | Energy Manager, with the approval of the Town Manager | Rebates and other receipts from energy cost savings and recycling activities | Energy Management Program | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter and by Town Meeting Vote | Fiscal Year 2020 and Subsequent Years |
Property Maintenance | Town Manager | Receipts for expenses incurred by the Town for remediation services | Remediation of Blighted, Abandoned, Tax Title or Foreclosed Property | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter | Fiscal Year 2026 and Subsequent Years |
Inspectional Services | Inspectional Services & Town Manager | Inspection Fees | Inspection Costs | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter | Fiscal Year 2024 and Subsequent Years |
Legal Advertising | Director of Planning/Town Manager | Applicant Fees | Advertising Fees | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter | Fiscal Year 2024 and Subsequent Years |
Senior Van | Senior Center Director | Van Rides, WRTA reimbursement, Fees & Donations | Van Expenses & Payroll | Cannot Exceed Balance | None, Other Than As Set Forth in This Chapter | Fiscal Year 2024 and Subsequent Years |