TOWN OF KINGSTON. Annual Town Meeting. Kingston Intermediate School May 23, :00 p.m.

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1 TOWN OF KINGSTON Annual Town Meeting Kingston Intermediate School May 23, :00 p.m.

2 List of Warrant Articles Article Number Warrant Article Title Brief Description (full description in booklet) 1 Reports Reports of the several Town Officers, Boards and Committees. 2 Establish Revolving Fund By-Law This article establishes various authorized revolving funds. 3 Revolving Fund Authorizations This article is for the annual authorization of approved total expenditures from each revolving fund. 4 Equipment Purchase Annual article to fund equipment purchases that are not funded in budgets. 5 Sampson Fund Appropriations This article appropriates interest-earned revenue from the Trust fund for FY Petitioned Article Town Meeting Quorum 7 Renewable Energy Enterprise Fund This is the budget (accounting) article for the town land Budget Renewable Energy Enterprise Fund. 8 Transfer from Renewable Energy The Renewable Energy Enterprise Fund contains 25% Enterprise Fund Surplus Revenue of the revenue generated by the wind turbine to be to the Grant and Loan Opportunities spent on grants for renewable energy improvements to Fund privately owned property, including, but not limited to: energy conservation measures; alternative energy methods and operations; or development of such improvements as may be considered appropriate by the Renewable Energy Grant and Loan Opportunities Committee. 9 Wastewater Department Enterprise This article is the Wastewater Department FY2018 Fund Budget Budget. 10 Wastewater Department Surplus This article will use funds that were appropriated and Revenue Appropriation 11 Wastewater Department Acceptance of MGL c. 83, 15D 12 Water Department Enterprise Fund Budget 13 Water Department Surplus Revenue Appropriation not expended for improvements and equipment. Acceptance of this statute would allow the Town to apportion all future sewer assessments or unpaid balances of assessments over a period not to exceed 30 years, and to structure the payments so that the amounts payable in the several years for principal and interest combined are as nearly equal as practicable. Page Number 7 This article is the FY2018 Water Department Budget. 18 This article will use funds from Surplus Revenue to be used for the painting of the town's water tanks

3 14 Water Department Creation of Stabilization Fund 15 Water Department Transfer to Stabilization Fund 16 Water Department Request to Repurpose 2012 ATM Article Petitioned Article Amend General By-Laws Chapter 4 Town Officers, Boards and Committees 18 FY2017 Budget Inter/Intra Departmental Transfers The purpose of this article is to establish a stabilization fund. The Water Department anticipates several water main replacement projects in the near future. This article serves to transfer a sum of money from Water Surplus Revenue to the Water Department Stabilization Fund. The Board of Water Commissioners would like to continue to convert remaining telephone read meters to radio read meters. Currently, there are approximately 800 accounts that need to be converted to radio read meters. This article is needed to augment the current year (FY2017) budget for any anticipated shortfalls Earned Retirement Buybacks FY2017 This article funds Sick Leave and Vacation Buyback for known FY2018 retiring employees. 20 Wage and Personnel By-Law; This article provides for the classification and Amendments and Compensation FY2018compensation schedules of municipal Schedule employees who are not covered by a collective bargaining agreement or employment contract. 21 Elected Officials Compensation This article provides the funding for the annual salary of the following elected officials: Treasurer, Collector, Town Clerk, and the annual stipends for Moderator and the Chairman and members of the following: 22 Petitioned Article Elected or Appointed Board Officials Term Limits 23 Petitioned Article Term Limits By- Law Board of Selectmen, Board of Health, Board of Assessors, Water Commissioners, Planning Board, Sewer Commissioners. 24 Budget This is the town s operating budget for FY Petitioned Article Public Voting by 26 Secret Ballot 26 Transfer to Other Post-Employment Benefits (OPEB) Health Insurance Liability Fund 26 This fund was established at the 2010 Annual Town Meeting. The Governmental Accounting Standards Board (GASB) established GASB 45 in July GASB 45 is an accounting and financial reporting provision requiring government employers to measure and report the liabilities associated with other (than

4 pension) postemployment benefits (OPEB). This does not apply to private employers. 27 Transfer to Stabilization Fund This article serves to transfer a sum of money from Free Cash to the Stabilization Fund. 28 Transfer to Stabilization Fund for Free Cash being transferred into a Stabilization Fund Capital Projects 29 Transfer Meal Tax Surplus Revenue to Stabilization Fund for Capital Projects for future Capital Projects. At the 2011 ATM the Town passed an article imposing a local meals excise tax rate of 0.75%. The revenue from this tax would then be voted into a Stabilization Fund for Capital Projects. 30 Chapter 90 Funds This is the annual article to appropriate the funds received from the State under Chapter 90 of the Massachusetts General Laws to be used for infrastructure improvements and repairs. 31 Capital Equipment/Project Funding The Capital Planning Committee will report on items proposed to be funded and funding sources. 32 Amendment to General By-Laws; This article adds the Affordable Housing Trust to the Add New Article 21 to Chapter 4 Town s General By-Laws. Affordable Housing Trust 33 Community Preservation Committee Administrative Budget 34 Community Preservation Fund Appropriations 35 Community Preservation Fund Appropriations - Faunce School Window Restoration 36 Community Preservation Fund Appropriations - Old Burying Ground Historic Cemetery Preservation Master Plan 37 Community Preservation Fund Appropriations - Funding of the Kingston Municipal Affordable Housing Trust Fund This is the FY2018 administrative budget of the Community Preservation Committee, funded by Community Preservation Act funds. Up to 5% of the anticipated revenue from FY2017 may be reserved for administrative expenses. This article distributes at least 10% of each year's Community Preservation Fund revenues to each of the three categories: Open Space, Historic Resources and Community Housing, as required by the Community Preservation Act. To restore four windows: remove storm window for access, remove window sashes to offsite shop, strip all paint, de-lead, replace all glazing, repair stops and weights, prime, paint, reinstall sashes & prove tight, repair exterior frames, reinstall storm window. To prepare a master plan for the restoration, preservation and future care of Kingston s historic Old Burying Ground. To provide funding for the Kingston Municipal Affordable Housing Trust Fund, so that the Trustees of that fund can seek and provide ways to increase Affordable Housing within the Town of Kingston

5 38 Community Preservation Fund Appropriations - Opachinski Basketball Court Fencing 39 Community Preservation Fund Appropriations - Gray's Beach Playground Fence Replacement 40 Transfer of Town-Owned Property to the Kingston Affordable Housing Trust To purchase and install fencing for the Opachinski Basketball Courts, completing the enclosure of the two courts. To purchase and install replacement fencing for the Gray s Beach Playground. Project will replace current enclosure and gates with new fencing equivalent to best practice recommendations for playground fencing. This article authorizes the transfer of town-owned land to the Affordable Housing Trust for affordable housing purposes. 41 Business Community Partnership This article authorizes the establishment and funding of a new business community partnership committee. 42 Stormwater Permitting and Compliance 43 Gray s Beach Use Designation and Coastal Restoration and Repair Funds the first year of the five-year MS4 Stormwater General Permit to keep the Town in compliance with the new regulations through enhanced public education and outreach, public participation, illicit discharge detection and elimination, mapping of the stormwater system, evaluation of town facilities, operation and maintenance planning, and employee training. This article accomplishes two objectives: 1) it designates Gray s Beach Park for recreational purposes managed by the Recreation Department and allows the Town to apply for grants/accept reimbursements specific to parks and recreation including the Land and Water Conservation Fund and other grant programs; and 2) seeks support for the Gray s Beach repair and restoration project that will increase recreational access and coastal resilience at Kingston s only public beach. 44 Codification of Town Clerk's Records This article provides funding for the reorganization and 41 recodification of the town bylaws. 45 LED Street Lighting This article seeks a resolution and is non-binding Establishment of a Community Farm This article seeks a resolution and is non-binding Zoning By-Laws and Subdivision This article seeks funding to update the Town of 42 Regulations Update Funding Kingston s Zoning Bylaw and Subdivision Regulations. 48 Amendment to the Zoning By-Laws; Create a Mixed Commerce District This article creates a new Mixed Commercial District to encourage Commercial/Industrial development in Amendment to the Zoning By-Laws; Inclusionary Zoning town. This amendment clarifies the Inclusionary Housing By- Law and adds a density bonus Amendment to the Zoning By-Laws; Short Term Rental 51 Amendment to the Zoning By-Laws; Rezone Map 74 Lot 7 and Lot 9-1 This amendment adds a use allowing short-term rental for private homes. This article would extend the 40R zoning district onto the MBTA s property

6 52 Amendment to the Zoning By-Laws; Temporary Moratorium Regulating Recreational Marijuana This article establishes a temporary moratorium on Marijuana Establishments. 53 Street Acceptance - Gallen Road The MBTA is requesting that the Town accept the private streets taken for the construction, operation, repair and maintenance of the railroad right of way and access to the Kingston station and layover facility. 54 Street Acceptance - Marion Drive The MBTA is requesting that the Town accept the private streets taken for the construction, operation, repair and maintenance of the railroad right of way and access to the Kingston station and layover facility. 55 Street Acceptance - Harvest Drive, Cooke Avenue, Daniel Lane, Wilder Avenue and Winslow Drive 56 Street Acceptance - MacFarlane Drive, Rigdale Drive, Jaclyn Lane and Erica Lane 57 Amendment to General By-Law Chapter 7, Public Ways and Places, Discharge of Firearms on Public Way 58 Relocation of Raboth Road Easement 59 Petitioned Article - Rezone Industrial to Commercial/Industrial Park 60 Petitioned Article - Amend Zoning By-Law; Commercial District: Mixed Use Residential 61 Petitioned Article - Street Acceptance - Gilfeather Lane and McFarlane Drive 62 Petitioned Article - Extension of Smiths Lane 63 Petitioned Article - William Gould Way These streets in MacFarlane Farms Phase I were accepted by the Town Meeting April 30, 1996 Article 24 but without obtaining deeds or an easement from the developer. The same streets and others were the subject of Article 38 at the May 3, 1999 Annual Town Meeting led to An Act Authorizing the Town of Kingston to Accept Certain Streets. This article follows due process and takes the streets from the nonresponsive developer. These additional streets in MacFarlane Farms Phase I are deteriorating and in need of repair before repairs become more costly. This article follows due process and takes the streets from the non-responsive developer of MacFarlane Farms Phase I. This article serves to include conservation lands as public places where firing or discharging a gun, pistol or other firearm is prohibited except for hunting where hunting is allowed. This article allows the Town to accept an easement as described

7 64 Petitioned Article - Full-time Town Engineer in Lieu of Peer Review 65 Petitioned Article - Amend General By-Laws Article 11 General Provisions Governing Officers, Boards and Committees, Section Department Reports Appendices Town of Kingston: FY18 Budget Summary 61 Capital Planning Committee: Plan and Committee Report FY Wage and Personnel Bylaw with FY2018 Compensation Schedules

8 COMMONWEALTH OF MASSACHUSETTS TOWN OF KINGSTON Warrant Annual Town Meeting To one of the Constables in the Town of Kingston, County of Plymouth and Commonwealth of Massachusetts, GREETINGS: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the Inhabitants of said Town qualified to vote in town affairs to meet at the Kingston Intermediate School, 65 Second Brook Street, on Tuesday, May 23, 2017, at 7:00 p.m., then and there to act on the following articles: ARTICLE 1 Reports To hear and act upon the reports of the several Town Officers, Boards and Committees, or take any other action relative thereto. Motion for ARTICLE 1 Reports Majority Vote: No Quorum Required Motion by: Board of Selectmen Move: That the Town accept the reports of the various Town Officers, Boards and Committees. Board of Selectmen [Favorable] ARTICLE 2 Establish Revolving Fund By-Law To see if the Town will vote to amend the General By-Laws of the Town by adding a new Article 20 to Chapter 4 to establish and authorize revolving funds for use by certain town departments, boards, committees, agencies or officers under Massachusetts General Laws Chapter 44, Section 53E½, as follows: Article 20. Revolving Funds Purpose. This by-law 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 General Laws Chapter 44, Section 53E½. 7

9 Expenditure Limitations: 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 by-law without appropriation subject to the following limitations: Fringe benefits of full-time employees whose salaries or wages are paid from the fund shall also be paid from the fund. No liability shall be incurred in excess of the available balance of the fund. The total amount spent during a fiscal year shall not exceed the amount authorized by town meeting on or before July 1 of that fiscal year, or any increased amount of that authorization that is later approved during that fiscal year by the selectmen and finance committee Interest: Interest earned on monies credited to a revolving fund established by this by-law shall be credited to the general fund Procedures and Reports. Except as provided in General Laws Chapter 44, Section 53E½ and this by-law the laws, charter provisions, by-laws, rules, regulations, policies or procedures that govern the receipt and custody of town monies and the expenditure and payment of town funds shall apply to the use of a revolving fund established and authorized by this by-law. 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 provides the department, board, committee, agency or officer on appropriations made for its use Authorized Revolving Funds. The 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 by-law. 8

10 FUND Recreation Programs Inspectional services Senior Center Programs Adams Center Programs Town s Electrical Vehicle Charging Station REVENUE SOURCE Program Fees, Gift, Donation, Rental Fees Inspection fees Fees of Instructional programs, Building Rental Instructional class Fees, Building Rental Charging Station fees AUTHORITY TO SPEND FUNDS Recreation Department Town Administrator COA Board/Director of Elder Affairs Town Administrator/ Adams Center Trustees Town Administrator/ Energy Manager USE OF FUNDS Program expenses, Maintenance of program grounds and facilities Operation of Inspection services Direct support of the programs Direct support of programs, Facility Maintenance Charging Station operation FISCAL YEARS Fiscal Year 2018 and subsequent years Fiscal Year 2018 and subsequent years Fiscal Year 2018 and subsequent years Fiscal Year 2018 and subsequent years Fiscal Year 2018 and subsequent years or take any other action relative thereto. Description: This article establishes various authorized revolving funds Motion for ARTICLE 2 Revolving Fund By-Law Majority Vote: No Quorum Required Motion by: Board of Selectmen Move: That the Town amend the General By-Laws of the Town by adding a new Article 20 to Chapter 4 to establish and authorize revolving funds for use by certain town departments, boards, committees, agencies or officers under Massachusetts General Laws Chapter 44, Section 53E½, as printed in the warrant. Board of Selectmen [Favorable] Finance Committee [Favorable] 9

11 ARTICLE 3 Revolving Fund Authorizations To see if the Town will vote to authorize the total expenditures for the following revolving funds pursuant to Massachusetts General Laws Chapter 44 Section 53E ½ for the fiscal year beginning July 1, 2017 to be expended in accordance with the bylaws heretofore approved. FUND Approved Total Expenditures Recreation Programs $305, Inspectional services $75, Senior Center Programs Adams Center Programs Town s Electrical Vehicle Charging Station $50, $50, $50, or take any other action relative thereto. Description: This article is for the annual authorization of approved total expenditures from each revolving fund. Motion for ARTICLE 3 Revolving Fund Authorizations Majority Vote: No Quorum Required Motion by: Board of Selectmen Move: That the Town vote to authorize limits on expenditures for various revolving funds, as printed in the warrant. Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 4 Equipment Purchase To see if the Town will vote to raise and appropriate, borrow and/or transfer from available funds in the treasury a sum of money to be expended for the purchase of equipment and for projects of various Town departments, and to trade or dispose of any used equipment of those departments in the best interest of the Town, or take any other action relative thereto. Description: Annual article to fund equipment purchases that are not funded in budgets. The following table provides additional information regarding funds to be used for this article that were authorized at a prior town meeting and were not used: 10

12 FROM PREVIOUS ARTICLES STM, 4/6/2013, Article 6 ATM, 4/11/2015, Article 15 ATM, 4/5/2014, Article 3 Pump out Boat for Harbormaster. Original amount of article $18,000 PREVIOUSLY APPROPRIATED FOR To fund estimated consulting services to conduct an Inspection/ Evaluation of the Elm Street Dam. This inspection is required by the State. The Town s previous inspection was completed in Original amount of article $20,000 Consulting Services Supplement Town Clerk s Office. Original amount of article $47,500 [$25,000 Facilities, $20,000 HR, $2,500 Town Clerk] AMOUNT $13, $17, $2, ATM, 4/5/2014, Article 26 ATM, 4/11/2015, Article 30 ATM, 4/5/2014, Article 27 To fund an Energy Services Contract (ESCO) that will evaluate all municipal buildings for $15, energy conservation and undertake upgrades to various municipal buildings as may be recommended in the study. Original amount of article $15,000 To enter into a five year agreement with Plymouth County to provide dredging services $5, for Kingston Bay/Jones River. Original amount of article $48,000 [$43,000 Waterways Improvement Fund + $5,000 Free Cash] To obtain all permitting necessary to dredge Kingston Bay. The Bay has not been dredged $56, since the 1950 s. Original amount of article $150,000 From: Unspent Appropriations $110, Motion for ARTICLE 4 Equipment Purchase Majority Vote: Quorum 100 Motion by: Finance Committee Move: That the Town appropriate the sum of $240, for the purchase of the following equipment; and to meet this appropriation, the following sums be transferred from unexpended appropriations and Free Cash as follows: FROM PREVIOUS ARTICLES PREVIOUSLY APPROPRIATED FOR AMOUNT STM, 4/6/2013, Article 6 Pump out Boat $13, ATM, 4/11/2015, Article 15 State mandated Inspection/ Evaluation of the Elm Street Dam $17, ATM, 4/5/2014, Article 3 Consulting Services Town Clerk s Office $2, ATM, 4/5/2014, Article 26 Energy Services Contract (ESCO) $15, ATM, 4/11/2015, Article 30 Dredging services for Kingston Bay/Jones River $5, ATM, 4/5/2014, Article 27 Permitting for dredging services for Kingston Bay/Jones River $56, From: Unspent Appropriations $110, From: Free Cash $130, TOTAL $240, said expenditures to be under the direction of the respective departments; and further that the Town Accountant be authorized to allocate such sums: [Motion continued on next page] 11

13 TO DEPT. DESCRIPTION AMOUNT School KES/KIS: Technology/Network Upgrades and Other expenses $105, Facilities AED s, Qty 10, to be installed in town owned buildings: Highway Barn, Reed Center, Opachinski back fields, Grays Beach, Camp Nekon, Library, Adams Center, Faunce $23, School, Transfer Station, Water Dept Fire Medical Infusion Pumps, $7,000 each, Qty 3 (1 for each ambulance and 1 backup replacement) $21, Fire Fire Dept EMS training $19, Facilities Property Repairs and Maintenance: Highway Barn overhead doors $2,800 Highway Barn roof repair, $7,612 Police station CCTV for Evidence room, $4,500 $10, Police station security entry access system, $4,000 Note: $8,912 to be funded from the FY18 operating budget Police RAD (rape aggression defense) Training equipment replacement - to replace the protective gear used in training classes $6, Recr Opachinski Complex - Athletic Field Management Program (Yr 2 investment of $25,000 to improve conditions at fields) $25, Facilities Electrical panel surge protectors to protect buildings from lightning strike/power failure, $3,000 each $6, Fire Assistance to Firefighters (AFG) grant for 30 self-contained breathing apparatus units. Expected grant award is $217,000 and town appropriation is estimated at $25,000 $25, Board of Selectmen Pending [Favorable] Finance Committee [Favorable] TOTAL $240, ARTICLE 5 Sampson Fund Appropriations To see if the Town will vote to accept the recommendations of the Trustees of the Elizabeth B. Sampson Memorial Fund to appropriate a sum of money from the income of said fund to be expended for the purposes the Trustees recommend, or take any other action relative thereto. Description: This article appropriates interest-earned revenue from the Trust fund for FY2018. Motion for ARTICLE 5 Sampson Fund Appropriations Majority Vote: Quorum 100 Motion by: Treasurer Move: That the sum of $26, be appropriated for Sampson Fund expenditures in fiscal year 2018 and to meet this appropriation the sum of $21, be appropriated from the Elizabeth B. Sampson Memorial Fund and $5, be appropriated from the unexpended balances of the following prior year appropriations from the Sampson Fund: [Motion continued on next page] 12

14 Article 4, 2015 ATM $1, Article 4, 2016 ATM $3, $5, And further, that the expenditures be under the supervision of the departments or organizations and for the purposes and in the amounts as follows: ORGANIZATION / DEPARTMENT PURPOSE RECOMMENDED Jones River Village Historical Society Bradford House (Stepping Inc. Stones) $ 2, Jones River Watershed Association Sampson Park Design Work 3, Kingston Fire Department Luminaries 3, Kingston Garden Club Downtown Beautification 2, Kingston Police Department National Night Out 6, Kingston Recreation Department Grays Beach Movies 5, Kingston Facilities Faunce School Art 1, Kingston Selectmen Memorial Day Parade 3, Total $ 26, Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 6 PETITIONED ARTICLE Town Meeting Quorum Move to amend/change General By-Laws Chapter 2, Article 2, Section 1 that Town Meeting requires a quorum of 500 registered Kingston Voters. Description: [None provided]. Motion for ARTICLE 6 PETITIONED ARTICLE Town Meeting Quorum Majority Vote: No Quorum Required Motion By: Petitioner Move: Motion to be provided by Petitioner. Board of Selectmen [Unavorable] Finance Committee N/A ARTICLE 7 Renewable Energy Enterprise Fund Budget To see if the Town will vote to raise and appropriate, and/or to transfer from available funds in the treasury a sum of money to be expended pursuant to Massachusetts General Laws, Chapter 44, Section 53F ½, for expenditures of the Renewable Energy Enterprise Fund, or take any other action relative thereto. 13

15 Description: This is the budget (accounting) article for the town land Renewable Energy Enterprise Fund. Funds will be appropriated from Eversource (NSTAR) reimbursements received in FY2018 to pay the wind and solar developers, via the Town s power purchase agreements (PPAs), for all power generated from the renewable energy projects located on the Town s capped landfill that is sold back to Eversource (NSTAR) the grid. Motion for ARTICLE 7 Renewable Energy Enterprise Fund Budget Majority Vote: Quorum 100 Motion by: Board of Selectmen The Finance Committee recommends that the sum of $675, be appropriated to the Renewable Energy Enterprise Fund for partial costs associated with the generation of electricity under the Town s Power Purchase Agreements to be expended pursuant to Massachusetts General Laws, Chapter 44, Section 53F ½ by the Board of Selectmen; and to meet such appropriation, $675, to come from the energy Net Metering Tariffs with any funds remaining to be transferred to the General Fund pursuant to the authority granted by the enabling legislation. FY2018 RENEWABLE ENERGY ENTERPRISE FUND REVENUE FY2018 Recommended Net Metering Tariffs from Eversource for Generation of Electricity: Wind Turbine $625, Solar PV $50, Lease Agreements $0.00 Revenue Total $675, EXPENSES FY2018 Recommended Power Purchase Agreements Payments to Developers: Wind Turbine $625, Solar PV $50, Other (Note: Town energy use funded in Department Utility Budgets; not in this enterprise fund) $0.00 Expense Total $675, Net Surplus $

16 Move: That the sum of $675, be appropriated to the Renewable Energy Enterprise Fund for partial costs associated with the generation of electricity under the Town s Power Purchase Agreements to be expended pursuant to Massachusetts General Laws, Chapter 44, Section 53F ½ by the Board of Selectmen; and to meet such appropriation, $675, to come from the energy Net Metering Tariffs, with any funds remaining to be transferred to the General Fund pursuant to the authority granted by the enabling legislation and authority granted under the 2011 ATM Article 6. EXPENSES FY2018 Recommended Power Purchase Agreements Payments to Developers: Wind Turbine $625, Solar PV $50, Other $0.00 Expense Total $675, Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 8 - Transfer from Renewable Energy Enterprise Fund Surplus Revenue to the Grant and Loan Opportunities Fund To see if the Town will transfer from available funds in the Renewable Energy Enterprise Fund Surplus Revenue, a sum of money to be expended pursuant to the Acts of 2012, Chapter 80, Section 2, Section 5A for expenditures of the Grant and Loan Opportunities Fund, or take any other action relative thereto. Description: The Renewable Energy Enterprise Fund contains 25% of the revenue generated by the wind turbine to be spent on grants for renewable energy improvements to privately owned property, including, but not limited to: energy conservation measures; alternative energy methods and operations; or development of such improvements as may be considered appropriate by the Renewable Energy Grant and Loan Opportunities Committee. Motion for ARTICLE 8 Transfer from Renewable Energy Enterprise Fund Surplus Revenue to the Grant and Loan Opportunities Fund Majority Vote: Quorum 100 Motion by: Board of Selectmen Move: That the Town appropriate and transfer the sum of $[amount to be provided at town meeting] from the Renewable Energy Enterprise Fund surplus revenue to the Grant and Loan Opportunities Fund with such funds to be administered by the Renewable Energy Grant and Loan Opportunities Committee. Board of Selectmen Pending Finance Committee Pending 15

17 ARTICLE 9 Wastewater Department Enterprise Fund Budget To see if the Town will vote to raise and appropriate, and/or to transfer from available funds in the treasury a sum of money to be expended pursuant to Massachusetts General Laws, Chapter 44, Section 53F ½, for expenditures of the Wastewater Department, including those for the operation and maintenance, debt service, betterment receipts, asset depreciation, costs, engineering services and capital costs, or take any other action relative thereto. Description: This article is the Wastewater Department FY2018 Budget. Motion for ARTICLE 9 Wastewater Department Enterprise Fund Budget Majority Vote: Quorum 100 Motion by: Board of Sewer Commissioners The Finance Committee recommends that the sum of $3,664, be appropriated to operate the Wastewater Department Enterprise Fund to be expended pursuant to Massachusetts General Laws, chapter 44, section 53F ½ for the following expenditures of the Wastewater Department; and to meet such appropriation, $982, to come from Wastewater Revenue, $100, from Wastewater Surplus Revenue, $915, to come from Sewer Betterments, $1,149, to be transferred from the Massachusetts Water Pollution Abatement Trust, $232, to come from the tax levy, and $284, to be appropriated in the general fund and funded from Wastewater Enterprise Revenues. Personal Services $ 411, Expenses $ 670, Debt Service $2,297, Subtotal $3,379, Employee Benefits $ 137, Accounting Department $ 7, Assessor Department $ 3, Collector Department $ 18, Treasurer Department $ 22, Audit $ 7, Data Processing $ 21, Insurance $ 55, Subtotal $ 284, Total $3,664,

18 Move: That the sum of $3,379, be appropriated to operate the Wastewater Department Enterprise Fund to be expended pursuant to Massachusetts General Laws, Chapter 44, Section 53F ½ for the following expenditures of the Wastewater Department; and to meet such appropriation, $982, to come from Wastewater Revenue, $100, to come from Wastewater Surplus Revenue, $915, to come from Sewer Betterments, $1,149, from the Massachusetts Water Pollution Abatement Trust, and $232, to come from the tax levy. Personal Services $ 411, Expenses $ 670, Debt Service $2,297, Total $3,379, Board of Selectmen Pending Finance Committee [Favorable] ARTICLE 10 Wastewater Department Surplus Revenue Appropriation To see if the Town will vote to appropriate from Wastewater Surplus Revenue a sum of money to provide for certain improvements to the Wastewater Treatment Facility and Equipment, infrastructure and related appurtenances under the direction of the Sewer Commissioners, or take any other action relative thereto. Description: This article will use funds that were appropriated and not expended for improvements and equipment. Motion for ARTICLE 10 Wastewater Department Surplus Revenue Appropriation Majority Vote: Quorum 100 Motion by: Board of Sewer Commissioners Move: That the Town appropriate the sum of $400, from Surplus Wastewater Revenue to be used to replace Pumping Station septage pumps, purchase and replace boilers, vehicle replacement, fund report(s), analysis and upgrades required to satisfy the Wastewater Groundwater Discharge Renewal Permit and any unforeseen expenses; and, that the Board of Sewer Commissioners be authorized to take any action to carry out these expenditures. Board of Selectmen Pending Finance Committee [Favorable] ARTICLE 11 Wastewater Department Acceptance of MGL Chapter 83, Section 15D To see if the Town will vote to accept Massachusetts General Laws Chapter 83, Section 15D Apportionment of Future Sewer Assessments or Unpaid Balances, or take any other action relative thereto. 17

19 Description: Acceptance of this statute would allow the Town to apportion all future sewer assessments or unpaid balances of assessments over a period not to exceed 30 years, and to structure the payments so that the amounts payable in the several years for principal and interest combined are as nearly equal as practicable. Motion for ARTICLE 11 Wastewater Department Acceptance of MGL Chapter 83 Section 15D Majority Vote: No Quorum Required Motion by: Board of Sewer Commissioners Move: Move that the Town accept Massachusetts General Laws Chapter 83, Section 15D Apportionment of Future Sewer Assessments or Unpaid Balances. Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 12 Water Department Enterprise Fund Budget To see if the Town will vote to raise and appropriate, and/or to transfer from available funds in the treasury a sum of money to be expended pursuant to Massachusetts General Laws, chapter 44, section 53F ½, for expenditures of the Water Department, including those for the operation and maintenance, debt service, asset depreciation, costs, engineering services and capital costs, or take any other action relative thereto. Description: This article is the FY2018 Water Department Budget. Motion for ARTICLE 12 Water Department Enterprise Fund Budget Majority Vote: Quorum 100 Motion by: Board of Water Commissioners The Finance Committee recommends that the sum of $1,841, be appropriated to operate the Water Department Enterprise Fund to be expended pursuant to Massachusetts General Laws, chapter 44, section 53F ½ for the following expenditures of the Water Department; and to meet such appropriation, $1,525, to come from water enterprise revenue, and $316, to be transferred to the general fund and funded from water enterprise revenues. Personal Services $500, Expenses $479, Debt Service $545, Subtotal $1,525, Employee Benefits $163, Accounting Department $7, Collector Department $21, Treasurer Department $22, Town Administrator/BOS $7, Audit $9, Data Processing $21, Insurance $61,

20 Subtotal $316, Total $1,841, Move: That the sum of $1,525, be appropriated to operate the Water Department Enterprise Fund to be expended pursuant to Massachusetts General Laws, Chapter 44, Section 53F ½ for the following expenditures of the Water Department; and to meet such appropriation, $1,525, to come from water enterprise revenue. Personal Services $500, Expenses $479, Debt Service $545, Total $1,525, Board of Selectmen Pending Finance Committee [Favorable] ARTICLE 13 Water Department Surplus Revenue Appropriation To see if the Town will vote to appropriate from Water Surplus Revenue a sum of money to provide for certain improvements, infrastructure and related appurtenances, and studies and testing, under the direction of the Water Commissioners, or take any other action relative thereto. Description: This article will use funds from Surplus Revenue to be used for the painting of the town's water tanks. Motion for ARTICLE 13 Water Department Surplus Revenue Appropriation Majority Vote: Quorum 100 Motion by: Board of Water Commissioners Move: That the Town appropriate the sum of $300, from Surplus Water Revenue to be used to water tank painting; and that the Board of Water Commissioners be authorized to take any action to carry out these expenditures. Board of Selectmen [Favorable] Finance Committee Pending ARTICLE 14 Water Department Creation of Stabilization Fund To see if the Town will vote to approve the establishment of a Water Department Stabilization Fund for the purpose of meeting the capital needs of the Kingston Water Department, pursuant to M.G.L. Chapter 40 Section 5B, or take any other action relative thereto. 19

21 Description: The purpose of this article is to establish a stabilization fund. The Water Department anticipates several water main replacement projects in the near future. Motion for ARTICLE 14 Water Department Creation of Stabilization Fund 2/3 Vote: No Quorum Required Motion by: Board of Water Commissioners Move: That the Town establish a Water Department Stabilization Fund, as printed in the warrant. Board of Selectmen Pending Finance Committee [Unfavorable] ARTICLE 15 Water Department Transfer to Stabilization Fund To see if the Town will vote to appropriate and transfer from Water Surplus Revenue a sum of money to the Water Department Stabilization Fund, or take any other action relative thereto. Description: This article serves to transfer a sum of money from Water Surplus Revenue to the Water Department Stabilization Fund. Motion for ARTICLE 15 Water Department Transfer to Stabilization Fund Majority Vote: Quorum 100 Motion by: Board of Water Commissioners Move: That the Town appropriate and transfer the sum of $300, from Surplus Water Revenue to Water Department Stabilization Fund Account. Board of Selectmen Pending Finance Committee [Unfavorable] ARTICLE 16 Water Department Request to Repurpose 2012 ATM Article 16 To see if the Town will vote to transfer the unexpended amount of $156, from the Elm Street Bridge Water Main Article (A12 ATM16 Acct# ) to the Meters Article ( ), for the purpose of converting the remaining telephone-read meters to radio-read meters, or take any other action relative thereto. Description: The Board of Water Commissioners would like to continue to convert remaining telephone read meters to radio read meters. Currently, there are approximately 800 accounts that need to be converted to radio read meters. 20

22 Motion for ARTICLE 16 Water Department Request to Repurpose 2012 ATM Article 16 Majority Vote: Quorum 100 Motion by: Board of Water Commissioners Move: That the Town transfer the unexpended amount of $156, from the Elm Street Bridge Water Main Article (A12 ATM16 Acct# ) to the Meters Article ( ), for the purpose of converting the remaining telephone-read meters to radio-read meters; and that the Board of Water Commissioners be authorized to take any action to carry out these expenditures. Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 17 PETITIONED ARTICLE Amend General By-Laws Chapter 4 Town Officers, Boards and Committees To amend the General by Laws, Chapter 4 TOWN OFFICERS, BOARDS AND COMMITTEES, by amending Article 11 entitled General Provisions Governing Officers, Boards and Committees to add the following Article : A Selectman may not hold any other elected or compensated office under government of the Town of Kingston during the term for which he/she is elected as a Selectman, nor shall any Selectman hold any compensated or appointed town office or employment for one year after the expiration of the Selectman s Board of Selectman term. Also, that any member of the Board of Selectman serving in such other capacity at the time of adoption of this Article shall not be required to resign from any other position held and shall be allowed to complete his/her term of office on the Board of Selectman and such other position, or act on anything relating thereto. Description: [None provided]. Motion for ARTICLE 17 PETITIONED ARTICLE Amend General By-Laws Chapter 4 Town Officers, Boards and Committees Majority Vote: No Quorum Required Motion By: Petitioner Move: Motion to be provided by Petitioner. Board of Selectmen Pending Finance Committee N/A ARTICLE 18 FY2017 Budget Inter/Intra Departmental Transfers To see if the Town will vote to appropriate and transfer from available funds in the treasury a sum of money to supplement the FY2017 appropriations and revenue sources for the operation of the Town of Kingston, or take any other action relative thereto. Description: This article is needed to augment the current year (FY2017) budget for any anticipated shortfalls. The purpose is to transfer funds from one line item to another, or to transfer from Free Cash for appropriation to the budget through June 30, 2017, each transfer being a separate appropriation. 21

23 Motion for ARTICLE 18 FY2017 Budget Inter/Intra Departmental Transfers Majority Vote: Quorum 100 Motion By: Board of Selectmen Move: That the Town appropriate the sum of $235, to supplement the appropriations to FY2017 Operating Budgets; and to meet this appropriation, the following sums be transferred from unexpended appropriations and Free Cash as follows: FROM: ACCOUNT NAME DEPT# AMOUNT General Operations Expenses $35, Property/Liability Insurance Expenses $13, Employee Benefits Personal Services $18, Conservation Personal Services $12, Conservation Expenses $ 9, Council on Aging Personal Services $9, Snow and Ice Personal Services $4, From: Unspent Appropriations $101, From: Free Cash $134, Total $235, and to authorize the Town Accountant to allocate such sums to the operating budgets as follows: TO: ACCOUNT NAME DEPT# AMOUNT Legal Expenses $60, Accounting Personal Services $20, Fire Expenses $15, Treasurer Personal Services $1, Snow & Ice Expenses $138, Total $235, Board of Selectmen Pending Finance Committee Pending ARTICLE 19 Earned Retirement Buybacks FY2017 To see if the Town will vote to raise and appropriate, borrow and/or transfer from available funds in the treasury a sum of money to fund retirement buybacks, or take any other action relative thereto. Description: This article funds Sick Leave and Vacation Buyback for known FY2017 retiring employees. Motion for ARTICLE 19 Earned Retirement Buybacks FY2017 Majority Vote: Quorum 100 Motion By: Board of Selectmen 22

24 Move: That the Town transfer the sum of $24, from Wastewater Surplus Revenue to fund a retirement buyback in the Wastewater Department for Fiscal Year 2018, said expenditures to be under the direction of said department; and further that the Town Accountant be authorized to allocate such sums: DEPARTMENT AMOUNT Wastewater $24, Total $24, Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 20 Wage and Personnel By-Law; Amendments and Compensation Schedule To see if the Town will vote to amend the Wage & Personnel By-Law, including the classification and compensation schedules A, B. and C contained therein, as printed in a document entitled, Proposed Town of Kingston Wage & Personnel By-Law with FY2018 Compensation Schedules; and to raise and appropriate or transfer from available funds in the treasury such sums as must be expended to effect such adjustments; and to authorize the Town Accountant to allocate such sums to the appropriate operating budgets, or take any other action relative thereto. Description: This article provides for the classification and FY2018 compensation schedules of municipal employees who are not covered by a collective bargaining agreement or employment contract. Please visit the Town s website to view the current By-Law. Motion for ARTICLE 20 Wage and Personnel By-Law; Amendments and Compensation Schedule Majority Vote: Quorum 100 Motion by: Wage and Personnel Board Move: That the Town amend the Wage and Personnel By-Law, including the classification and compensation schedules A, B, C contained therein, as printed in a document entitled Proposed Town of Kingston Wage and Personnel By-Law with FY2018 Compensation Schedules; and that the sum of $42, be appropriated for this purpose; and to meet this appropriation, the sum of $38, be raised and appropriated, the sum of $2, be appropriated from Water Revenue, the sum of $1, be appropriated from Wastewater Revenue, and the sum of $ be appropriated from Community Preservation Fund estimated revenue accounts to fund such amendments; and that the Town Accountant be authorized to allocate such sums to the appropriate operating budgets. Description General Water Sewer CPC Total W&P 2% Cost of Living Adjustment (COLA) $38, $2, $1, $ $42, Board of Selectmen Pending Finance Committee [Favorable] 23

25 ARTICLE 21 Elected Officials Compensation To see if the Town will vote to set the salaries of elected officers, effective July 1, 2017; and to effect those salaries, to raise and appropriate a sum of money therefore; and to authorize the Town Accountant to allocate such sums to the appropriate operating budgets, or take any other action relative thereto. Description: This article provides the funding for the annual salary of the following elected officials: Treasurer, Collector, Town Clerk, and the annual stipends for Moderator and the Chairman and members of the following: Board of Selectmen, Board of Health, Board of Assessors, Water Commissioners, Planning Board, Sewer Commissioners. ARTICLE 21 Elected Officials Compensation Majority Vote: Quorum 100 Motion by: Finance Committee Move: That the salaries of elected officials be set as of July 1, 2017, as follows: Elected Official Stipend (included in FY18operating budget) Moderator $ Chairman, Board of Selectmen $1, Other Selectmen, Each $ Chairman, Board of Health $1, Other Health Board Members, Each $ Chairman, Board of Assessors $1, Other Board of Assessors, Each $ Chairman, Water Commissioners $1, Other Water Commissioners, Each $ Chairman, Planning Board $1, Other Planning Board Members, Each $ Chairman, Sewer Commission $1, Other Sewer Commissioners, Each $ Elected Official FY17 Budget FY18 Recommended Elected Officials Article Collector $66, $68, $2, Treasurer $66, $68, , Town Clerk $63, $66, , $7, and further, the sum of $7, be raised and appropriated for said salaries; and that the Town Accountant be authorized to allocate such sums to the appropriate operating budgets. Board of Selectmen [Favorable] Finance Committee [Favorable] 24

26 ARTICLE 22 PETITIONED ARTICLE Elected or Appointed Board Officials Term Limits Move that as of July 1, 2017, no person shall be elected or appointed to the same Town of Kingston Board more than twice. Description: [None provided]. Motion for ARTICLE 22 PETITIONED ARTICLE Elected or Appointed Board Officials Term Limits Majority Vote: No Quorum Required Motion By: Petitioner Move: Motion to be provided by Petitioner. Board of Selectmen Pending Finance Committee N/A ARTICLE 23 PETITIONED ARTICLE Term Limits By-Law Move to amend the Town of Kingston General By-Law by amending Chapter 4: Town Officers, Boards and Committees by adding a new Article, Article 19: Term Limits and to be written/read as follows: As of July 1, 2017, no person shall be elected or appointed to the same Town of Kingston Board, Committee, or Commission more than twice. Exempted from said by-law are the Finance Committee, the Capital Planning Committee, and the Agricultural Commission. Any person on affected Boards, Committees, or Commissions, serving a term at the time this by-law is enacted or having served a term or terms prior to this by-law being enacted shall have said current/prior term(s) not count as term one (1) and/or term two (2). Description: [None provided]. Move: Motion to be provided by Petitioner. Motion for ARTICLE 23 PETITIONED ARTICLE Term Limits By-Law Majority Vote: No Quorum Required Motion By: Petitioner Board of Selectmen Pending Finance Committee N/A 25

27 ARTICLE 24 Budget To see if the Town will vote to raise and appropriate and/or transfer from available funds in the treasury a sum of money to be expended to defray Town charges for FY2018, or take any action relative thereto. Description: This is the town s operating budget for FY2018. Motion for ARTICLE 24 Budget Majority Vote: Quorum 100 Motion by: Finance Committee Move: That the sum of $45,601, be appropriated to be expended for the operating budgets for the fiscal year beginning July 1, 2017, for Personal Services and for Expenses as printed in a document entitled Town of Kingston: FY2018 Summary Budget ; and to meet such appropriation, that: the sum of $44,689, be raised and appropriated, the sum of $316, be transferred from Water Enterprise revenue, the sum of $284, be transferred from Wastewater Enterprise revenue, the sum of $40, be transferred from Municipal Waterways Improvement Fund, the sum of $71, be transferred from the Septic Loan Fund Balance, and the sum of $200, be transferred from Surplus Revenue. Board of Selectmen Pending Finance Committee Pending re-vote ARTICLE 25 PETITIONED ARTICLE Public Voting by Secret Ballot Move that all votes by the public be executed via a secret ballot at public voting stations. Description: [None provided]. Motion for ARTICLE 25 PETITIONED ARTICLE Public Voting by Secret Ballot Majority Vote: Quorum 100 Motion By: Petitioner Move: Motion to be provided by Petitioner. Board of Selectmen Pending Finance Committee N/A ARTICLE 26 Transfer to Other Post-Employment Benefits (OPEB) Health Insurance Liability Fund To see if the Town will vote to raise and appropriate and/or transfer from available funds in the treasury a sum of money to the Other Post Employment Benefits (OPEB) Health Insurance Liability Fund for the purpose of 26

28 funding future financial obligations of the Town for health insurance benefits of retirees, or take any action relative thereto. Description: This fund was established at the 2010 Annual Town Meeting. The Governmental Accounting Standards Board (GASB) established GASB 45 in July GASB 45 is an accounting and financial reporting provision requiring government employers to measure and report the liabilities associated with other (than pension) postemployment benefits (OPEB). This does not apply to private employers. GASB 45 was implemented because of the growing concern over the potential magnitude of government employer obligations for post-employment benefits. The Town is required to conduct bi-annual actuarial reviews of retiree benefits. While the Town currently is at a pay-as-you-go status, GASB 45 recommends that the funds accrue in the period of an active employee rather than the future cash flow/liability at retirement. Motion for ARTICLE 26 Transfer to Other Post-Employment Benefits (OPEB) Health Insurance Liability Fund Majority Vote: Quorum 100 Motion by: Finance Committee Move: To appropriate and transfer the sum of $100, from Free Cash to the Other Post Employment Benefits (OPEB) Health Insurance Liability Trust Fund account. Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 27 Transfer to Stabilization Fund To see if the Town will vote to raise and appropriate and/or transfer from available funds in the treasury a sum of money to the Stabilization Fund Account, or take any action relative thereto. Description: This article serves to transfer a sum of money from Free Cash to the Stabilization Fund. Motion for ARTICLE 27 Transfer to Stabilization Fund Majority Vote: Quorum 100 Motion by: Finance Committee Move: To appropriate and transfer the sum of $100, from Free Cash to the Stabilization Fund Account. Board of Selectmen [Favorable] Finance Committee [Favorable] 27

29 ARTICLE 28 Transfer to Stabilization Fund for Capital Projects To see if the Town will vote to raise and appropriate and/or transfer from available funds in the treasury a sum of money to the Stabilization Fund for Capital Projects Account, or take any action relative thereto. Description: Free Cash being transferred into a Stabilization Fund for future Capital Projects. Move: No motion. Motion for ARTICLE 28 Transfer to Stabilization Fund for Capital Projects Majority Vote: Quorum 100 Motion By: Finance Committee ARTICLE 29 Transfer Meal Tax Surplus Revenue to Stabilization Fund for Capital Projects To see if the Town will vote to appropriate and transfer a sum of money from Free Cash in the amount that is generated by the Meal Tax to the Stabilization Fund for Capital Projects Account, or take any other action relative thereto. Description: At the 2011 ATM the Town passed an article imposing a local meals excise tax rate of 0.75%. The revenue from this tax would then be voted into a Stabilization Fund for Capital Projects. Motion for ARTICLE 29 Transfer Meal Tax Surplus Revenue to Stabilization Fund for Capital Projects Majority Vote: Quorum 100 Motion By: Finance Committee Move: That the sum of $280, be transferred from Free Cash to the Stabilization Fund for Capital Projects Account, said sum being equivalent to the amount of funds generated by the Meal Tax. Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 30 Chapter 90 Funds To see if the Town will vote to appropriate a sum of money to be expended in anticipation of the reimbursement authorized for the State s share of the cost of work to be done under Chapter 90 of Massachusetts General Laws, or take any action relative thereto. Description: This is the annual article to appropriate the funds received from the State under Chapter 90 of the Massachusetts General Laws to be used for infrastructure improvements and repairs. 28

30 Motion for ARTICLE 30 Chapter 90 Funds Majority Vote: Quorum 100 Motion by: Board of Selectmen Move: That the Town accept and expend so-called Chapter 90 funds available for Fiscal Year Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 31 Capital Equipment/Project Funding To see if the Town will vote to raise and appropriate, borrow and/or transfer from available funds in the treasury a sum of money to be expended for the capital equipment and capital projects for the various Town departments, and to trade or dispose of any used equipment of those departments in the best interest of the Town, or take any other action relative thereto. Description: The Capital Planning Committee will report on items proposed to be funded and funding sources. ARTICLE 31 Capital Equipment/Project Funding Motion for Article 31 Motion to Divide: Majority Projects funded from Capital Stabilization: 2/3 Vote Projects funded from Non-Stabilization: Majority 2/3 Vote if taken all together: Quorum 100 Motion by: Capital Planning Committee Move: That the sum of $394, be appropriated for the following capital expenditures and to meet this appropriation the sum of $280, be transferred from the Capital Projects Stabilization Fund, $113, be transferred from Free Cash said expenditures to be under the direction of the department(s) named below. Item Description Dept Recommendation Funding source 1 $50, for the purpose of Police purchasing one (1) Patrol Cars Board of Selectmen Pending Finance Committee Favorable (5-0-0) Capital Plan Comm Favorable (4-0-0) Capital Projects Stabilization Fund $50, $11, for the purpose of purchasing ten (10) Sets of Active Shooter Ballistic Gear Police Board of Selectmen Pending Finance Committee Favorable (5-0-0) Capital Plan Comm Favorable (4-0-0) Capital Projects Stabilization Fund $11, $13, for the purpose of purchasing six (6) automated external defibrillators Police Board of Selectmen Pending Finance Committee Favorable (5-0-0) Capital Plan Comm Favorable (4-0-0) Capital Projects Stabilization Fund $13, $17, for an insulation project for the Council on Aging Facility Board of Selectmen Pending Finance Committee Favorable (5-0-0) Capital Plan Comm Favorable (4-0-0) Capital Projects Stabilization Fund $17,

31 Item Description Dept Recommendation Funding source 5 $16, for installation of safety guard rails at Opachinski, Capt Bailey, Grays Beach and Basketball court. Facility Board of Selectmen Pending Finance Committee Favorable (5-0-0) Capital Plan Comm Favorable (4-0-0) Capital Projects Stabilization Fund $16, $20, for four (4) voting machine tabulators. Town Clerk Board of Selectmen Pending Finance Committee Favorable (5-0-0) Capital Plan Comm Favorable (4-0-0) Capital Projects Stabilization Fund $20, $30, for the purpose of refurbishing a 2003 Pump Engine. Fire Board of Selectmen Pending Finance Committee Favorable (5-0-0) Capital Plan Comm Favorable (4-0-0) Capital Projects Stabilization Fund $30, $132, to pay for the first full year of the three (3) year lease for the two (2) ambulances approved and purchased last year under lease to own. Fire Board of Selectmen Pending Finance Committee Favorable (5-0-0) Capital Plan Comm Favorable (4-0-0) Capital Projects Stabilization Fund $122, Free Cash $9, $32, to replace four (4) garage doors on the Pembroke Street Fire Station Fire Board of Selectmen Pending Finance Committee Favorable (5-0-0) Capital Plan Comm Favorable (4-0-0) Free Cash $32, $72, to purchase 645 HD-d Compactor to replace existing arm system that pushes trash into trailers. Solid Waste Board of Selectmen Pending Finance Committee Favorable (5-0-0) Capital Plan Comm Favorable (4-0-0) Free Cash $72, ARTICLE 32 Amendment to General By-Laws; Add New Article 21 to Chapter 4 Affordable Housing Trust To see if the Town will vote to amend the Town of Kingston General By-law by adding a new Article 21 to Chapter 4, Affordable Housing Trust, as follows: Article 21. Affordable Housing Trust Name of the Trust The trust shall be called the Town of Kingston Affordable Housing Trust Fund Purpose The purpose of the Trust shall be to provide for the preservation and creation of affordable housing in the Town of Kingston 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 property, personal property, or money, both tangible and intangible, of every sort and description; to use such property, both real and personal, and money in such manner as the Trustees shall deem most appropriate to carry out such purpose, provided however, that all property and money held by the Trust and the net earnings thereof shall be used exclusively for the preservation and creation in the Town of Kingston of affordable housing for the purposes for which this Trust was formed. 30

32 Board of Trustees There shall be a board of trustees of the Kingston Affordable Housing Trust Fund, in this section called the board, which shall include seven (7) Trustees, including: The Board of Selectmen shall designate a minimum of 1 of its members to serve on the board. Trustees shall be appointed by the Board of Selectmen, shall serve for a term not to exceed 2 years. Only persons who are residents of the Town of Kingston 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, and may be re-appointed at the discretion of the Board of Selectmen. Any Trustee who ceases to be a resident of the Town of Kingston 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. 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. Reference to the Trustee shall mean the Trustee or Trustees for the time being hereunder Meetings of the Trust The Trust shall meet at least quarterly 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, G.L. Chapter 39, Sections 23A, 23B and 23C. A quorum at any meeting shall be a majority of the Trustees, qualified and present in person Powers of Trustees The powers of the board of trustees, all of which shall be carried on in furtherance of the purposes set forth in General Laws Chapter 44 Section 55C, except that : (a) any purchase, sale, lease, exchange, transfer or conveyance of any interest in real property is subject to a two-thirds (2/3) vote of the Trustees; (b) the trustees may incur debt, borrow money, grant mortgages and pledge trust assets only in an amount not to exceed eighty percent (80%) of the total value of the Trust s assets; and (c) any debt incurred by the Trust shall not constitute a pledge of the full faith and credit of the Town of Kingston and all documents related to any debt shall contain a statement that the holder of any such debt shall have no recourse against the Town of Kingston with an acknowledgement of said statement by the holder; shall include the following: (1) to accept and receive real property, personal property or money, by gift, grant, contribution, devise or transfer from any person, firm, corporation or other public or private entity, including but not limited to money, grants of funds or other property tendered to the trust in connection with any ordinance or by-law or any general or special law or any other source, including money from general laws chapter 44B; provided, however, that any such money received from general laws chapter 44B shall be used exclusively for community housing and shall remain subject to all the rules, regulations and limitations of that chapter when expended by the trust, and such funds shall be accounted for separately by the trust; and provided further, that at the end of each fiscal year, the trust shall ensure that all expenditures of funds received from said general laws chapter 44B are reported to the community preservation committee of the city or town for inclusion in the community preservation initiatives report, form CP-3, to the department of revenue; (2) to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income provided that any such real property purchases be subject to approval by a majority of the Board of Selectmen; 31

33 (3) to sell, lease, exchange, transfer or convey any personal, mixed, or 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 undertaking relative to trust property as the board deems advisable notwithstanding the length of any such lease or contract; (4) to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases, grant agreements 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; (5) to employ advisors and agents, such as accountants, appraisers and lawyers as the board deems necessary, provided that the approval of the Board of Selectmen shall be required for any such expenditure over $25,000; and that no such expenditure of any amount shall be in connection with a relationship that would constitute employment as such relationship relates to: employer withholding of federal or state personal income tax, Social Security, Medicare, unemployment compensation, workers compensation, employment benefits, pensions, collective bargaining or other generally accepted provisions of employment law; (6) to pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the board deems advisable, provided that the approval of the Board of Selectmen shall be required for any such expenditure over $25,000; (7) to apportion receipts and charges between incomes and principal as the board deems advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise; (8) With the approval of the Board of Selectmen, 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; (9) With the approval of the Board of Selectmen, 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; (10) to carry property for accounting purposes other than acquisition date values; (11) to borrow money on such terms and conditions and from such sources as the Trustees deem advisable, to mortgage and pledge trust assets as collateral, subject to the review by the Town Treasurer and approval by a majority vote of the Board of Selectmen. Any debt issued by the Trust shall not be deemed to constitute a debt or liability of the Town of Kingston or a pledge of the full faith and credit of the Town, but shall be payable solely from the revenues, funds and/or assets of the Trust. Any debt instrument executed by the Trust shall contain on the face thereof a statement to the effect that the Town of Kingston is not obligated to pay the same or the interest thereof except from revenues and/or assets of the Trust and that neither the faith and credit nor the taxing power of the Town of Kingston is pledged to the payment of the principal of or the interest on such debt. The issuance of debt by the Trust shall not directly or indirectly or contingently obligate the Town of Kingston to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment; 32

34 (12) to make distributions or divisions of principal in kind; (13) to comprise, 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 this act, to continue to hold the same for such period of time as the board may deem appropriate; (14) to manage or improve real property; and to abandon any property which the board determined not to be worth retaining, provided that any property to which the Trust holds title shall not be abandoned with the approval of the Board of Selectmen; (15) to hold all or part of the trust property uninvested for such purposes and for such time as the board may deem appropriate; and (16) to extend the time for payment of any obligation to the trust. (17) to implement or facilitate recommendations of various planning studies related to affordable housing, as may be applicable to the Town of Kingston; (18) to seek funding resources for affordable housing and promote public and private efforts to increase and improve the affordable housing stock in Kingston; (19) to provide grants or loans to assist low- or moderate-income homebuyers to purchase or homeowners to rehabilitate a dwelling unit in the Town of Kingston Acts of Trustees 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 Estate. Any expenditures by the Trust within a single fiscal year to any one party in a cumulative amount exceeding $100, shall also be approved by the Board of Selectmen prior to finalizing the transaction. The Trustees are authorized to execute, deliver and record with the Registry of Deeds and documents required for any conveyance authorized under this by-law Liability 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. The Trust is public employer and the Trustees are public employees for the purposes of G.L. Chapter 258. The Trust shall be deemed a municipal agency and the Trustees special municipal employees for the purposes of G.L. Chapter 268A Custodian of Funds 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. The Treasurer shall invest the funds in the manner authorized by M.G.L. Chapter 44, 55 (Public Funds on Deposit; Limitations; Investments), 55A (Liability of Depositor for Losses Due to Bankruptcy), and 55B 33

35 (Investment of Public Funds). Any income or proceeds received from the investment funds shall be credited to and become part of the Trust Fund. Expenditures by the Board of Trustees shall be processed through the warrant but shall be controlled by the provisions of M.G.L. Chapter 44, 55C. The yearly approved budget, and any approved budget revisions will be recorded by the Treasurer. As custodian, the Treasurer shall issue checks as directed by the Board Duration of the Trust This Trust shall be of indefinite duration, until terminated by an act of the General Court or a vote of the Kingston Town Meeting. 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 and the Kingston Town Meeting, sell all or any portion of the Trust property subject to any restrictions thereon 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. Once the Trust has been terminated, all financial transactions made on behalf of the Trust shall be approved by the Board of Selectmen Amendments The Trust may only be amended by a vote of the Kingston Town Meeting Titles The title to the various Articles herein are for convenience only and are not to be considered part of said Articles nor shall they affect the meaning or the language of any such Article. or take any other action relative thereto. Description: This article adds the Affordable Housing Trust to the Town s General By-Laws. Motion for ARTICLE 32 Amendment to General By-Laws; Add New Article 21 to Chapter 4 Affordable Housing Trust Majority Vote: No Quorum Required Motion By: Affordable Housing Trust Move: To amend the Town of Kingston General By-laws by adding a new Article 21 to Chapter 4, Affordable Housing Trust, as printed in the warrant. Board of Selectmen [Favorable] Finance Committee N/A ARTICLE 33 Community Preservation Committee Administrative Budget To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY2018 Community Preservation budget; and to appropriate from the Community Preservation Fund estimated annual revenues a sum of money to meet the administrative expenses and all other necessary and proper expenses of the Community Preservation Committee for FY2018, or take any other action relative thereto. 34

36 Description: This is the FY2018 administrative budget of the Community Preservation Committee, funded by Community Preservation Act funds. Up to 5% of the anticipated revenue from FY2018 may be reserved for administrative expenses. Unused administrative funds return to the town's Community Preservation Fund, Undesignated Fund Balance at the end of each fiscal year. ARTICLE 33 Community Preservation Committee Administrative Budget Majority Vote: Quorum 100 Motion by: Community Preservation Committee Move: That the Town appropriate from the FY2018 Community Preservation Fund estimated revenue accounts, for administrative expenses, $12, Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 34 Community Preservation Fund Appropriations To see if the Town will vote to appropriate from the Community Preservation Fund to reserve for future appropriation a sum of money from the Community Preservation Fund estimated annual revenues for open space, historic resources, and community housing purposes, or take any other action relative thereto. Description: This article distributes at least 10% of each year's Community Preservation Fund revenues to each of the three categories: Open Space, Historic Resources and Community Housing, as required by the Community Preservation Act. The remaining revenue is deposited in the Community Preservation Fund, Undesignated fund balance. ARTICLE 34 Community Preservation Fund Appropriations Majority Vote: Quorum 100 Motion by: Community Preservation Committee Move: That the Town reserve from FY2018 Community Preservation Fund estimated annual revenue amounts as follows: Open Space $25, Historic Resources $25, Community Housing $25, Total $77, Board of Selectmen [Favorable] Finance Committee [Favorable] 35

37 ARTICLE 35 Community Preservation Fund Appropriations Faunce School Window Restoration To see if the Town will vote to appropriate from available Community Preservation Act Historic Preservation Funds, a sum of money for the restoration of four windows in the Faunce School as presented to Town Meeting and recommended by the Community Preservation Committee. The project will complete exterior restoration of Faunce School. The project is to be under the supervision of the Town of Kingston Board of Selectmen, and Facilities Manager, with all expenses subject to final review and approval by the Community Preservation Committee prior to submittal for payment, or take any other action relative thereto. Description: To restore four windows: remove storm window for access, remove window sashes to offsite shop, strip all paint, de-lead, replace all glazing, repair stops and weights, prime, paint, reinstall sashes & prove tight, repair exterior frames, reinstall storm window. Motion for ARTICLE 35 Community Preservation Fund Appropriations Faunce School Window Restoration Majority Vote: Quorum 100 Motion by: Community Preservation Committee Move: That the sum of $9, be appropriated from available Community Preservation Act Historic Preservation Funds, for the restoration of four windows in the Faunce School as presented to Town Meeting and recommended by the Community Preservation Committee, said project to be under the supervision of the Town of Kingston Board of Selectmen and Facilities Manager, with all expenses subject to final review and approval by the Community Preservation Committee prior to submittal for payment. Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 36 Community Preservation Fund Appropriations Old Burying Ground Historic Cemetery Preservation Master Plan To see if the Town will vote to appropriate from available Community Preservation Act Historic Preservation Funds, a sum of money for the creation of a Historic Cemetery Preservation Master Plan for the Old Burying Ground as presented to Town Meeting and recommended by the Community Preservation Committee. The project would include consultant(s) to prepare and complete a Master Plan for the Restoration, Preservation and future care of the Old Burying Ground. This project is to be under the supervision of the Town of Kingston Historical Commission and Facilities Manager, with all expenses subject to final review and approval by the Community Preservation Committee prior to submittal for payment, or take any other action relative thereto. Description: To prepare a master plan for the restoration, preservation and future care of Kingston s historic Old Burying Ground. 36

38 ARTICLE 36 Community Preservation Fund Appropriations Old Burying Ground Historic Cemetery Preservation Master Plan Majority Vote: Quorum 100 Motion by: Community Preservation Committee Move: That the sum of $40,000 be appropriated from available Community Preservation Act Historic Preservation Funds, for the creation of a Historic Cemetery Preservation Master Plan for the Old Burying Ground as presented to Town Meeting and recommended by the Community Preservation Committee, said project to be under the supervision of the Town of Kingston Historical Commission and Facilities Manager, with all expenses subject to final review and approval by the Community Preservation Committee prior to submittal for payment. Board of Selectmen [Favorable] Finance Committee [Unfavorable] ARTICLE 37 Community Preservation Fund Appropriations Funding of the Kingston Municipal Affordable Housing Trust Fund To see if the Town will vote to appropriate from available Community Preservation Act Community Housing Funds, a sum of money for transfer to the Kingston Municipal Affordable Housing Trust Fund for the planning and creation of Community Housing within the town of Kingston. Requirements and conditions of use shall be subject to a signed Grant Agreement, among the Kingston Municipal Affordable Housing Trust Fund Trustees, the Kingston Board of Selectmen and the Kingston Community Preservation Committee, that further describes required practices and expectations of the use of the funds. The funds transferred to the Kingston Municipal Affordable Housing Trust Fund will be under the supervision of the Town of Kingston Municipal Affordable Housing Trust Fund Trustees, or take any other action relative thereto. Description: To provide funding for the Kingston Municipal Affordable Housing Trust Fund, so that the Trustees of that fund can seek and provide ways to increase Affordable Housing within the Town of Kingston. Motion for ARTICLE 37 Community Preservation Fund Appropriations Funding of the Kingston Municipal Affordable Housing Trust Fund Majority Vote: Quorum 100 Motion By: Affordable Housing Trust Move: That the sum of $600, be appropriated from available Community Preservation Act Community Housing Funds, a sum of money for transfer to the Kingston Municipal Affordable Housing Trust Fund for the planning and creation of Community Housing within the town of Kingston. All transferred funds shall be subject to a signed Grant Agreement ( Town of Kingston, Massachusetts Community Preservation Act Grant Agreement for Kingston Municipal Affordable Housing Trust Fund ) among the Kingston Municipal Affordable Housing Trust Fund trustees, the Kingston Board of Selectmen and the Kingston Community Preservation Committee, that further describes required practices and expectations of the use of the funds. Funds transferred to the Kingston Municipal Affordable Housing Trust Fund will be under the supervision of the Town of Kingston Municipal Affordable Housing Trust Fund Trustees. Board of Selectmen [Favorable] Finance Committee [Favorable] 37

39 ARTICLE 38 Community Preservation Fund Appropriations Opachinski Basketball Court Fencing To see if the Town will vote to appropriate from available Community Preservation Act Open Space Funds, a sum of money for the purchase and installation of fencing for the Opachinski Basketball Courts as presented to Town Meeting and recommended by the Community Preservation Committee. This project will provide fencing to complete the enclosure of the two courts. Said project is to be under the supervision of the Town of Kingston Board of Selectmen, and Recreation Department, with all expenses subject to final review and approval by the Community Preservation Committee prior to submittal for payment, or take any other action relative thereto. Description: To purchase and install fencing for the Opachinski Basketball Courts, completing the enclosure of the two courts. Motion for ARTICLE 38 Community Preservation Fund Appropriations Opachinski Basketball Court Fencing Majority Vote: Quorum 100 Motion By: Recreation Department Move: That the sum of $11, be appropriated from available Community Preservation Act Open Space Funds, for the purchase and installation of fencing for the Opachinski Basketball Courts as presented to Town Meeting and recommended by the Community Preservation Committee, with said project to be under the supervision of the Town of Kingston Board of Selectmen and Recreation Department, and with all expenses subject to final review and approval by the Community Preservation Committee prior to submittal for payment. Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 39 Community Preservation Fund Appropriations Gray s Beach Playground Fence Replacement To see if the Town will vote to appropriate from available Community Preservation Act Open Space Funds, a sum of money for the purchase and installation of replacement playground fencing at the Gray s Beach Playground as presented to Town Meeting and recommended by the Community Preservation Committee. The project will provide fencing equivalent to best practice as described in the American Society for Testing and Materials Public Use Playground Fencing Standard. Said project is to be under the supervision of the Town of Kingston Board of Selectmen, and Recreation Department, with all expenses subject to final review and approval by the Community Preservation Committee prior to submittal for payment, or take any other action relative thereto. Description: To purchase and install replacement fencing for the Gray s Beach Playground. Project will replace current enclosure and gates with new fencing equivalent to best practice recommendations for playground fencing. 38

40 Motion for ARTICLE 39 Community Preservation Fund Appropriations Gray s Beach Playground Fence Replacement Majority Vote: Quorum 100 Motion By: Recreation Department Move: That the sum of $25, be appropriated from available Community Preservation Act Open Space Funds, for the purchase and installation of replacement playground fencing equivalent to best practice, as described in the American Society for Testing and Materials Public Use Playground Fencing Standard, at the Gray s Beach Playground as presented to Town Meeting and recommended by the Community Preservation Committee, said project to be under the supervision of the Town of Kingston Board of Selectmen and Recreation Department, with all expenses subject to final review and approval by the Community Preservation Committee prior to submittal for payment. Board of Selectmen [Favorable] Finance Committee [Unfavorable] ARTICLE 40 Transfer of Town-Owned Property to the Kingston Affordable Housing Trust To see if the Town will vote to authorize the Board of Selectmen to sell, transfer, or otherwise convey property located on Marion Drive, Assessor s Map 75, Parcel 1, and property located on Off Country Club Way, Assessor s Map 66, Parcel 4-16, both subject to any easements or rights of way that the Selectmen may determine to be necessary, to the Kingston Affordable Housing Trust for affordable housing purposes, or take any other action in relation thereto Description: This article authorizes the transfer of town-owned land to the Affordable Housing Trust for affordable housing purposes. ARTICLE 40 Transfer of Town-Owned Property to the Kingston Affordable Housing Trust 2/3 vote: Quorum 100 Motion by: Affordable Housing Trust Move: That the Town authorize the Selectmen to sell, transfer or convey certain property to the Kingston Affordable Housing Trust, as printed in the warrant. Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 41 Business Community Partnership To see if the Town will vote to allow the Board of Selectmen to establish a Business Community Partnership Committee, with members including a member of the Board of Selectmen, a member of the Planning Board, a member of the Kingston Garden Club, a member of the Kingston Business Association and an unaffiliated owner of a Kingston Business, all such members to be appointed by the Selectmen, who may disband the Committee as may be deemed advisable by the Board of Selectmen, such Committee to seek grants and identify opportunities to assist businesses in maintaining a presence and viability in Town; and to appropriate a sum of money to fund the activities of said committee, or to take any other action relative thereto. 39

41 Description: This article authorizes the establishment and funding of a new business community partnership committee. Motion for ARTICLE 41 Business Community Partnership Majority Vote: Quorum 100 Motion By: Board of Selectmen Move: That the Town authorize the Selectmen to establish a Business Partnership Committee, as printed in the warrant; and to transfer from Free Cash the sum of $10, to fund the activities of said Committee. Board of Selectmen Pending Finance Committee [Favorable] ARTICLE 42 Stormwater Permitting and Compliance To see if the Town will vote to raise appropriate, borrow and/or transfer from available funds in the treasury a sum of money to fund stormwater compliance activities required by the United States Environmental Protection Agency and the Massachusetts Department of Environmental Protection under the MS4 Stormwater General Permit; or take any other action relative thereto. Description: Motion for ARTICLE 42 Stormwater Permitting and Compliance Description: Funds the first year of the five-year MS4 Stormwater General Permit to keep the Town in compliance with the new regulations through enhanced public education and outreach, public participation, illicit discharge detection and elimination, mapping of the stormwater system, evaluation of town facilities, operation and maintenance planning, and employee training. Majority (or 2/3 if borrowing) Vote: Quorum 100 Motion By: Conservation Commission Move: That the Town transfer from Free Cash or borrow the sum of $ 70, to fund the first year of the five-year MS4 Stormwater General Permit program in order to stay in compliance with federal regulations. Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 43 Gray s Beach Use Designation and Coastal Restoration and Repair To see if the Town will vote to authorize the Board of Selectmen to take any and all actions, including, but not limited to, the execution and recording of deeds and other instruments, to change the use of an approximately 6.5 acre parcel known as Gray s Beach, shown on Assessor s Map 59 as Lot 51, which was conveyed to the Town in 1937, from general municipal purposes to park, playground recreational purposes as contemplated under G.L. c. 45, s. 3, to be managed by the Recreation Department; and to appropriate or borrow the sum of $802,000 for the purpose of funding a certain park repair and restoration project at Gray s Beach Park, including the deconstruction of a certain stone revetment and replacement with a living shoreline ; and the removal of an 40

42 existing concession/restroom building to accommodate the living shoreline; and to authorize the Board of Selectmen., the Recreation Commission or any other applicable Kingston official to file, on behalf of the Town, any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts as may be administered under the Land and Water Conservation Fund (P.L , 78 Stat 897) or other applicable programs; and to authorize the Town, acting by and through the Selectmen to execute any and all instruments and agreements as may be deemed necessary to carry out the purposes of this article, or take any other action relative thereto. Description: This article accomplishes two objectives: 1) it designates Gray s Beach Park for recreational purposes managed by the Recreation Department and allows the Town to apply for grants/accept reimbursements specific to parks and recreation including the Land and Water Conservation Fund and other grant programs; and 2) seeks support for the Gray s Beach repair and restoration project that will increase recreational access and coastal resilience at Kingston s only public beach. ARTICLE 43 Gray s Beach Use Designation and Coastal Restoration and Repair 2/3 Vote (if borrowing): Quorum 100 Motion By: Recreation Commission Move: That the Town dedicate Gray s Beach Park for recreation purposes under G.L. C. 45, s. 3, to be managed by the Recreation Department; appropriate or borrow the sum of $802,000 to fund the Gray s Beach Park repair and restoration project; and authorize the Board of Selectmen, the Recreation Commission, and any other applicable Kingston officials to apply for grants and/or reimbursements from the Commonwealth of Massachusetts as may be administered under the Land and Water Conservation Fund (P.L , 78 Stat 897) or other applicable programs; and to authorize the Town, acting by and through the Selectmen to execute any and all instruments and agreements as may be deemed necessary to carry out the purposes of this article. Board of Selectmen Pending Finance Committee Pending, if article is moved ARTICLE 44 Codification of Town Clerk s Records To see if the Town will vote to raise appropriate, borrow and/or transfer from available funds in the treasury a sum of money for services pertaining to the reorganization and recodification of the town bylaws under the supervision of the Town Clerk, or take any other action relative thereto. Description: This article provides funding for the reorganization and recodification of the town bylaws. Move: No motion. Motion for ARTICLE 44 Codification of Town Clerk s Records Majority Vote: Quorum 100 Motion By: Town Clerk 41

43 ARTICLE 45 LED Street Lighting To see if the Town will vote that the Town of Kingston pursue the objective that all new lighting on streets and parking lots be LED fixtures or equivalent and existing 100W HPS cobra head lights be replaced by the utilities in five (5) years. Description: This article seeks a resolution and is non-binding. Motion for ARTICLE 45 LED Street Lighting Majority Vote: No quorum required Motion By: Green Energy Committee Move: That the Town pursue new LED or equivalent lighting systems, as printed in the warrant. Board of Selectmen Pending Finance Committee N/A ARTICLE 46 Establishment of a Community Farm To see if the Town will vote to seek necessary legislative or other action to establish a community farm on the land entitled Plan of Land Elder Ave Kingston in Plan Book 34, Page 121, # recorded in the Plymouth County Registry of Deeds and Compiled Plan of Land off Elder Ave Kingston Ma Plan 34, Page 122 # or a parcel of land with similar aspects to create a community farm. Description: This article seeks a resolution and is non-binding. Motion for ARTICLE 46 Establishment of a Community Farm Majority Vote: No quorum required Motion By: Green Energy Committee Move: That the Town pursue the establishment of a community farm, as printed in the warrant. Board of Selectmen Pending Finance Committee N/A ARTICLE 47 Zoning By-Laws and Subdivision Regulations Update Funding To see if the Town will vote to raise and appropriate and/or transfer from available funds in the treasury a sum of money to update the Town of Kingston s Zoning Bylaw and Subdivision Regulations, or take any other action relative thereto. Description: This article seeks funding to update the Town of Kingston s Zoning Bylaw and Subdivision Regulations. 42

44 Motion for ARTICLE 47 Zoning By-Laws and Subdivision Regulations Update Funding Majority Vote: Quorum 100 Motion By: Planning Board Move: That the Town transfer from Free Cash the sum of $90, for the update of the Town s Zoning Bylaws and Subdivision Regulations. Board of Selectmen Pending Finance Committee [Favorable] ARTICLE 48 Amendment to the Zoning By-Laws; Create a Mixed Commerce District To see if the Town will vote to: (1) Amend the Zoning By-Laws, by adding a new Section entitled Mixed Commercial District, as follows: 4.19 Mixed Commerce District Overlay District Purposes The purposes of the Mixed Commerce Overly District ( MCOD ) is to establish an overlay district that allows for a mixture of various commercial and/or light industrial land uses as set forth herein which reflects the goals, vision and policies of the Town of Kingston, including but not limited to: (a) (b) (c) (d) (e) employ Town resources to attract businesses which are compatible with achieving beneficial economic development while and preserving the Town s character; establish a design review process as an integral part of a streamlined and integrated permitting process; promote economic development within the Town that results in expanded and new light industrial and high-tech businesses within the MCOD, provides new jobs and expands the Town s tax base and public services without increasing the tax burden on Town residents; concentrate commercial and industrial development in the designated MCOD areas; and provide additional employment opportunities Permitted Uses. Subject to receipt of a Special Permit from the Special Permit Granting Authority, as required below, the following uses are permitted in the MCOD: Professional or business offices or Office Park Industrial Park Manufacturing, processing or research facilities. 43

45 Hotel, Inn, Motel or Lodging House Restaurant Banks, including drive-in or window services, provided that no vehicles waiting for service shall park or stand on a public way Showrooms Wholesale and/or food distribution centers, provided that all bulk sales, outside display and storage occur to the rear of the principal building Warehouse use Special Permit Procedures Any applicant which desires to opt into the MCOD overlay zoning for any of the uses permitted under Section above shall be required to undertake a two-step process with the Special Permit Granting Authority. Said two-step process shall entail (i) the issuance of a special permit and (i) site plan approval. First, the applicant shall apply to the Special Permit Granting Authority for a special permit for any tract of land located within the MCOD which meets the dimensional requirements of Section below. The special permit shall (i) establish the permitted uses for the proposed site, (ii) set the maximum building and/or unit densities and floor area ratio, (iii) determine the maximum building height, (iv) set the site grades for the clearing and grading of the site, (v) impose any other standards which may be reasonably imposed by the Planning Board. The second component of this process involves the issuance of a site plan approval by Special Permit Granting Authority ( Site Plan Approval ). The Site Plan Approval shall: (i) establish location and number of building lot(s) or development site(s) within the MCOD, (ii) identify specific tenants or occupants (if known) within the proposed MCOD and the permitted uses on such lots, and (iii) determine the location of proposed building footprints, drive aisles, parking locations, lighting, signage, architectural designs and specifications, drainage, utilities and other such details. Final plans and specifications with respect thereto must be submitted to and approved by the Special Permit Granting Authority on a site plan approval basis only, as part of any second and/or subsequent Site Plan Review submissions for any given MCOCD. The site plan approval process as set forth in Section 7.7. or regulation as may be promulgated by the Special Permit Granting Authority. Notwithstanding the foregoing, nothing herein shall preclude an applicant from seeking a special permit and site plan approval concurrently. Should an applicant elect to do so, the hearing shall be combined, with the relevant deadlines and time periods to follow special permit procedure. 44

46 Table of Dimensional Requirements. Dimensional Requirements Minimum area of tract to qualify for a special permit in the MCD Minimum continuous frontage of tract on an existing public street, or on a way approved under the Subdivision Control Law (in feet) MCD 80 acres Special Permit Granting Authority ( SPGA ) The Planning Board shall be the SPGA for all projects in the MCOD. In acting upon applications for a special permit, the SPGA shall be governed by the provisions of this Section and by Section Special Permit Application Requirements The application to the SPGA for a special permit under this Section shall be accompanied by a conceptual site plan, an existing conditions plan, and a conceptual subdivision plan where the Planning Board is the SPGA, as the Planning Board may describe in development regulations promulgated hereunder. Where the applicant submits a definitive subdivision plan complying with the Subdivision Control Law and the Planning Board s Development Regulations, insofar as practical, the public hearing on the application for the special permit and the definitive subdivision plan shall be held concurrently Environmental Considerations The application to the SPGA for a special permit under this Section shall be accompanied by proposals for mitigating the environmental impacts of the proposed development such as: (a) Earth moving and grading activities The applicant shall design the project such that the site grades are transitioned to surrounding properties with no sand or gravel being removed from the site. (b) Landscaping and Irrigation The applicant shall incorporate measures to minimize the amount of water needed for maintaining outdoor landscaping, such as the use of native species and low-water-demand plantings, and the use of rain sensors and drip systems. The landscaping plan shall include a vegetated buffer along any adjacent protected open space properties of at least 25, with the design of such vegetated buffer to be coordinated with the grades and nature of any adjacent habitat areas. (c) Stormwater Management The applicant shall design the project in accordance with the Massachusetts Stormwater Management Standards. The Standards address water quality (pollutants) and water quantity (flooding, low base flow and recharge) by requiring the implementation of a wide variety of stormwater management strategies, including environmentally sensitive site design and Low Impact Development (LID) techniques to minimize impervious surface and land disturbance, source control and pollution prevention, structural BMPs, construction period erosion and sedimentation control, and the long-term operation and maintenance of stormwater management systems. The applicant shall utilize de-icing products that provide for safe roadways with less environmental impact than traditional road salt. 45

47 (d) Water & Sewer Components The water system shall include low flow water fixtures to reduce water usage. The sewer system shall incorporate measures to reduce Inflow/Infiltration into the sewer system (such as watertight sewer manholes with gasket rims) and to reduce groundwater transference within the sewer trench box (such as clay saddles). (e) Traffic Demand Management TDM features will be incorporated into the site design such as pedestrian connections, bike racks, bus stops, and preferred parking for vans and carpools. Occupants will be provided with information to encourage car-pooling, ride sharing, and other trip reducing measures. (f) Energy Conservation / Greenhouse Gas Reduction The design shall incorporate environmentally appropriate components for heating (such as high-efficiency boilers), lighting fixtures (interior and exterior), building components (windows, insulation, etc.), and HVAC systems. The applicant shall evaluate, and incorporate where feasible and practical, on-site energy generation opportunities, such as photo-voltaic and wind generation, including locating and positioning those opportunities to enhance their benefits Additional Information Required for Application In addition to the materials described in Section , the application to the SPGA for a special permit for MCD shall be accompanied by the following materials: (a) (b) (c) (d) (f) A plot plan showing the proposed location of all buildings and structures on the lot, or proposed building envelopes, if applicable. An off-street parking and loading plan. A landscaping plan. A traffic study evaluating traffic volume and traffic safety issues; and a proposal for mitigating measures to improve both safety and capacity or for trip reduction programs, if any. Proposals for mitigating measures or the construction of improvements to deal with the impacts, other than traffic impacts, of the proposed development or to provide sufficient capacity in Town facilities or services, and any other material necessary for the SPGA to make the finding and determination required by the Zoning By-laws or as may be required by the written regulations or findings of the SPGA. (g) The SPGA may request other information, plans and studies as may be reasonably required MCD District Boundary The MCD boundary is an overlay district depicted on the Town s Zoning Map. It is an overlay district that cannot be construed as affecting or abridging the underlying Zoning Districts. All uses allowed in the underlying Zoning District shall continue to be allowed in the manner permitted under these zoning bylaws. AND FURTHER, 46

48 (2) Amend the Zoning Map of the Town of Kingston to adopt a Mixed Commercial District overlay district on certain parcels of land located off of Route 44 on the Kingston/Plymouth Town Line and shown on Assessor s Map 99 Lot 3, and a portion of Map 99 Lot 2, and a remnant of Map 95 Lot 3; AND FURTHER, (3) Amend the Kingston Zoning Bylaw Section by adding to the Intensity Schedule the dimensions for lots with the Mixed Commercial District as follows: District Minimum Lot Size Lot Area in Square Feet Continuo us Frontage in Feet Max. Height Dimens ions Ft Max. Lot Coverage by Bldg. In % (2) Min. Open Space In % Minimum Yard Size Side Yard in Feet Rear Yard in Feet Front Yard in Feet MCD 40,000 (6) or take any other action relative thereto. Description: This article creates a new Mixed Commercial District to encourage Commercial/Industrial development in town. Motion for ARTICLE 48 Amendment to the Zoning By-Laws; Create a Mixed Commerce District 2/3 Vote: Quorum 100 Motion By: Board of Selectmen Move: To amend the Zoning By-Laws, adding a new Section 4.19, amending the zoning map, and amending Section as printed in the warrant. Board of Selectmen [Favorable] Finance Committee [Favorable] ARTICLE 49 Amendment to the Zoning By-Laws; Inclusionary Zoning To see if the Town will vote to amend the Kingston Zoning By-Laws, by amending Section Inclusionary Housing so that, as amended, Section 6.12 in its entirety will read as follows: Inclusionary Housing Purpose and Intent The purpose of this Bylaw is to outline and implement a coherent set of policies and objectives for the development of affordable housing in compliance with the Kingston Master Plan, G.L. c. 40B sec and ongoing programs within the Town to promote a reasonable percentage of housing that is affordable to moderate income buyers. It is intended that the affordable housing units that result from this Bylaw qualify as low or moderate income housing in compliance with the requirements for the same as specified by the Department of 47

49 Community Affairs, Department of Housing and Community Development ( DHCD ) and that said units count toward the Town s subsidized housing inventory, as maintained by DHCD. All projects to which this Bylaw applies shall require a Special permit from the Planning Board Definitions Affordable housing unit. A dwelling unit that qualifies as a low or moderate income housing unit for purposes of listing in the subsidized housing inventory as maintained by DHCD Qualified affordable housing unit purchaser. An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD) Applicability In all zoning districts, the inclusionary zoning provisions of this section shall apply to any and all residential developments of property, whether the dwelling units are rental or for sale, where any such project results in a net increase of [six (6)] or more dwelling units, whether by new construction or by the alteration, expansion, reconstruction, or change of existing residential or non-residential space. This Bylaw shall apply to both single family, two family and multi development proposed under any permitting process, including, but not limited to: definitive subdivisions under G.L. c. 41, 81U, an Approval Not Required (ANR) division of land proposed under G.L. c. 41, 81P, or a multi-family condominium or apartment building proposed under these bylaws Mandatory Provision of Affordable Units The Planning Board shall, as a condition of approval of any development hereunder, require that the applicant for special permit approval comply with the obligation to provide affordable housing pursuant to this Bylaw and more fully described in Section Provision of Affordable Units The Planning Board shall deny any application for a special permit development or, under Section 5.3. or Section 5.4., and this section if the applicant for special permit approval does not agree that: At least ten (10) percent of the lots in a division of land or units in a multiple unit development, whether rental or for sale, subject to this Bylaw shall be established as affordable housing in any one or combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number, such that a development proposing six (6) units shall require one (1) affordable units and so on a. Constructed or rehabilitated on the locus subject to the special permit; b. Constructed or rehabilitated on a locus different than the one subject to the special permit (see Section ); c. An applicant may offer, and the Planning Board, in concert with the Board of Selectmen, may accept, donations of land in fee simple, on or off-site, that the Planning Board determines are 48

50 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 By-law, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value; The applicant may offer, and the Planning Board may accept, any combination of the Section a c. requirements provided that in no event shall the total number of units or land area provided be less than the equivalent number or value of affordable units required by this Bylaw As a condition for the granting of a Special Permit, all affordable housing units shall be subject to an affordable housing restriction in a form acceptable to the Planning Board, along with any other document required by DHCD. The restriction and any other related regulatory, monitoring or lottery agreements shall ensure that the required number of affordable units shall be restricted in perpetuity and shall only be sold or rented to qualifying low or moderate income households. Any such restriction must be recorded at the Registry of Deeds and a copy provided to the Planning Board and the Inspector of Buildings prior to the issuance of any building permits To facilitate the objectives of this Section modifications to the dimensional requirements in any zoning district may be permitted for any project under these regulations, as the applicant may offer and the SPGA may (but is not required to) approve a Density Bonus where the SPGA may allow the addition of two additional market rate units for each additional affordable unit provided as part of compliance with the Special Permit. The minimum lot area per dwelling unit normally required in the applicable zoning district may be reduced by that amount necessary to permit the additional units Provisions Applicable to Affordable Housing Units On Site Siting of affordable Units - All affordable units constructed or rehabilitated under this Bylaw shall be situated within the development so as not to be in less desirable locations than market rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market rate units Minimum design and construction standards for affordable units. Affordable housing units within market rate developments shall be integrated with the rest of the development and shall be compatible in design, appearance, construction and quality of materials with other units Timing of construction or provision of affordable units or lots. 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 be delayed beyond the schedule noted below: Market Rate Unit % Affordable Housing Unit % Up to 30% None Required 30% plus 1 unit At least 10% Up to 50% At least 30% 49

51 Up to 75% At least 50% 75% plus 1 unit At least 70% Up to 90% 100% Fractions of units shall not be counted Marketing Plan for Affordable Units Applicant under this Bylaw shall submit a marketing plan or other method approved by the Planning Board, which describes how the affordable units will be marketed to potential homebuyers. This plan shall include a description of the lottery or other process to be used for selecting buyers. 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 Provision of Affordable Housing Units Off-Site As an alternative to the requirements of Section , an applicant subject to the Bylaw may, with the approval of the Planning Board, develop, construct or otherwise provide the affordable units required hereunder off-site. All relevant 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 to be provided shall be approved by the Planning Board as an integral element of the special permit review and approval process. or take any other action relative thereto. Description: This amendment clarifies the Inclusionary Housing By-Law and adds a density bonus. Motion for ARTICLE 49 Amendment to the Zoning By-Laws; Inclusionary Zoning 2/3 Vote: Quorum 100 Motion By: Planning Board Move: That the Town amend Section 6.12 of its Zoning Bylaws, as printed in the warrant. Board of Selectmen [Favorable] Finance Committee N/A ARTICLE 50 Amendment to the Zoning By-Laws; Short Term Rental To see if the Town will vote to Amend the Kingston Zoning By-Laws, by amending Section 2.0. Definitions adding a new use Short Term Rental Short term rental: a housing unit, an accessory dwelling unit, or a room (or rooms) within a housing unit that is rented out for lodging for a period of less than 30 days in length. A short-term rental is an accessory use to a primary residence and allowed by Special Permit as a home occupation where 50

52 the residence must be occupied by the owner or operator for no less than 270 days per year. A short-term rental may be hosted (where the primary occupants are present on-site during the rental) or unhosted (where the primary occupants vacate the unit or site during the rental period). For hosted rentals, occupancy is limited to no more than 2 different parties per site at a time For unhosted rentals, occupancy is limited to 1 rental party per site at a time. Short-term rental operators may offer meals to lodgers. AND FURTHER, vote to Amend the Kingston Zoning By-Laws, by amending Section Residential -40 District (R-40) Uses Permitted by Special Permit by the Planning Board; Section Residential - 20 District (R-20) Uses Permitted on A Special Permit Granted by the Planning Board; Section Town Center District Uses Allowed by Special Permit Granted by the Planning Board; Section A Design District (3ADD) Uses Allowed by Special Permit Granted by the Planning Board Subject to the Conditions of Section ; Section Residential -80 District (R-80) Uses Permitted by Special Permit Granted by the Planning Board; to include Short Term Rental within the named Zoning Districts AND FURTHER, adding this use to each section of the By-Law Short term rental Short term rental Short term rental Short term rental Short term rental or take any other action relative thereto. Description: This amendment adds a use allowing short-term rental for private homes. Motion for ARTICLE 50 Amendment to the Zoning By-Laws; Short Term Rental 2/3 Vote: Quorum 100 Motion By: Planning Board Move: that the Town amend various zoning bylaws regarding short term rentals, as printed in the warrant. Board of Selectmen [Favorable] Finance Committee N/A ARTICLE 51 Amendment to the Zoning By-Laws; Rezone Map 74 Lot 7 and Lot 9-1 To see if the Town will vote to Amend the Zoning Map of the Town of Kingston by extending the 1021 Kingston s Place Smart Growth District, Mixed-Use Live-Work (MULW) Sub-District and Mixed-Use Residential- Commercial (MURC) Sub Districts onto Map 74 Lot 7 and Lot 9-1 currently owned by Massachusetts Bay Transportation Authority (MBTA.), or take any other action relative thereto. Description: This article would extend the 40R zoning district onto the MBTA s property. 51

53 Motion for ARTICLE 51 Amendment to the Zoning By-Laws; Rezone Map 74 Lot 4 and Lot 9-1 2/3 Vote: Quorum 100 Motion By: Planning Board Move: To amend the Town s Zoning Map by extending the 40R district, as printed in the warrant. Board of Selectmen Pending Finance Committee N/A ARTICLE 52 Amendment to the Zoning By-Laws; Temporary Moratorium Regulating Recreational Marijuana To see if the Town will vote amend its zoning bylaws by adding the following new Section 5.8 imposing a temporary moratorium regulating recreational marijuana, as follows: Section 5.8. Temporary Moratorium Regulating Recreational Marijuana Purpose. The Initiative Petition for the Regulation and Taxation of Marijuana, also known as Ballot Question Four, Acts 2016, Chapter 334, was approved by voters at the Massachusetts State election on November 8, 2016 (the Act ). The purpose of the Act is to control the cultivation, production, distribution and sale of marijuana under a system that licenses, regulates and taxes the entities engaged in such activities in a manner similar to alcohol and to make the use of marijuana legal for adults 21 years of age or older. The Act took effect on December 15, 2016, which effective date was postponed for six months pursuant to Acts of 2016, Chapter 351. Section 5 of the Act provides that a town may adopt by-laws that impose reasonable safeguards on the operation of marijuana establishments, provided they are not unreasonably impracticable and are not in conflict with the Act or with regulations made pursuant to the Act. However, the Act contains certain ambiguities and, to date, regulations and anticipated legislative amendments have not been adopted. As a consequence, the means by which a municipality may regulate the sale, distribution and use of recreational marijuana are unclear. Under the current zoning by-law, a marijuana establishment is not defined and is not a specified permitted use in the town. As this is a new type of land use in the state, there will be unique and new aspects to the use that could require oversight and regulations. These local impacts, which could be legal, land use, public safety, and public health, should be evaluated and addressed in a comprehensive manner in the zoning by-law prior to the permitting of a marijuana establishment. The moratorium, of a finite duration, will allow the town to carefully study the potential impacts, both primary and secondary, of such establishments and, through a directed planning process, recommend zoning by-law amendments to address the town s concerns in the context of comprehensive land-use planning and other town planning goals and objectives Definitions. "Marijuana Establishment", a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business. The definitions set forth in the Act, as amended, shall apply equally to this article. This definition does not include the cultivation, distribution and/or sale of medical marijuana, which is expressly excluded from regulation under the Act. 52

54 Establishment and Duration. a. Moratorium - No building permit, special permit, variance, site plan or other permit may be issued under this zoning bylaw, and no use of land or structures shall be allowed for the purpose of establishing a Marijuana Establishment. b. The moratorium shall be in effect through and including June 30, 2018, or until such time as zoning amendments are adopted that address marijuana establishments, whichever shall be sooner Applicability. This Bylaw shall be effective in all zoning districts in the town, including overlay districts. This Bylaw does not apply to the cultivation, distribution or sale of medical marijuana. or take any other relative thereto. Description: This article establishes a temporary moratorium on Recreational Marijuana Establishments. ARTICLE 52 Amendment to the Zoning By-Laws; Temporary Moratorium Regulating Recreational Marijuana 2/3 Vote: Quorum 100 Motion By: Planning Board Move: To amend the Town s zoning bylaws by adding a recreational marijuana moratorium, as printed in the warrant. Board of Selectmen [Favorable] Finance Committee N/A ARTICLE 53 Street Acceptance Gallen Road To see if the Town will vote to accept Gallen Road as a public way as shown on a plan entitled entitled Roadway Acceptance Plan Gallen Road, Kingston, Mass prepared by Feldman Land Surveyors dated September 21, 2016 Sheet 1 of 3, said plan being on file with the Town Clerk; and to authorize the Selectmen to accept or take via eminent domain deeds or easements in such way and its related easements as may be necessary, or take any other action relative thereto. Description: The MBTA is requesting that the Town accept the private streets taken for the construction, operation, repair and maintenance of the railroad right of way and access to the Kingston station and layover facility. Motion for ARTICLE 53 Street Acceptance Gallen Road 2/3 Vote: No quorum required Motion By: Planning Board Move: That the Town vote to accept Gallen Road as a public way and to authorize the Selectmen to accept, or take, via eminent domain, a suitable fee or easement in said way, as printed in the warrant. Board of Selectmen Pending Finance Committee N/A 53

55 ARTICLE 54 Street Acceptance Marion Drive To see if the To see if the Town will vote to accept Marion Drive as a public way as shown on a plan entitled Roadway Plan Marion Drive Kingston, Mass prepared by Feldman Land Surveyors dated September 21, 2016 Sheet 2 and 3 of 3, said plan being on file with the Town Clerk; and to authorize the Selectmen to accept or take via eminent domain deeds or easements in such way and its related easements as may be necessary, or take any other action relative thereto. Description: The MBTA is requesting that the Town accept the private streets taken for the construction, operation, repair and maintenance of the railroad right of way and access to the Kingston station and layover facility. Motion for ARTICLE 54 Street Acceptance Marion Drive 2/3 Vote: No Quorum Required Motion By: Planning Board Move: That the Town vote to accept Marion Drive, as a public way and to authorize the Selectmen to accept, or take, via eminent domain, a suitable fee or easement in said way, as printed in the warrant. Board of Selectmen Pending Finance Committee N/A ARTICLE 55 Street Acceptance Harvest Drive, Cooke Avenue, Daniel Lane, Wilder Avenue and Winslow Drive To see if the Town will vote to accept as public ways a portion of Harvest Drive, Cooke Avenue, Daniel Lane, Wilder Avenue, and a portion of Winslow Drive in the MacFarlane Farms subdivision phase I As shown on a plan entitled Street Acceptance Plans prepared by Lanata and Assoc, Inc dated March 15, 1994 previously accepted by Town Meeting April 30, 1996 Article 24, said plan being on file with the Town Clerk; and to authorize the Selectmen to accept or take via eminent domain deeds or easements in such way and its related easements as may be necessary, or take any other action relative thereto. Description: These streets in MacFarlane Farms Phase I were accepted by the Town Meeting April 30, 1996 Article 24 but without obtaining deeds or an easement from the developer. The same streets and others were the subject of Article 38 at the May 3, 1999 Annual Town Meeting led to An Act Authorizing the Town of Kingston to Accept Certain Streets. This article follows due process and takes the streets from the non-responsive developer. 54

56 Motion for ARTICLE 55 Street Acceptance Harvest Drive, Cooke Avenue, Daniel Lane, Wilder Avenue and Winslow Drive 2/3 Vote: No Quorum Required Motion By: Planning Board Move: That the Town vote to accept Harvest Drive, Cooke Avenue, Daniel Lane, Wilder Avenue and Winslow Drive as public ways and to authorize the Selectmen to accept, or take, via eminent domain, suitable fees or easements in said ways, as printed in the warrant. Board of Selectmen [Favorable] Finance Committee N/A ARTICLE 56 Street Acceptance MacFarlane Drive, Rigdale Drive, Jaclyn Lane, and Erica Lane To see if the Town will vote to accept as public ways Rigdale Drive, Jaclyn Lane, Erica Lane, and the remaining portion of MacFarlane Drive in the MacFarlane Farms subdivision phase I as shown of a Plan Entitled Definitive Plan of Land Wapping Road Kingston, Massachusetts dated November 7, 1986 prepared by Defeo, Wait and Associates, said plan being on file with the Town Clerk; and to authorize the Selectmen to accept or take via eminent domain deeds or easements in such way and its related easements as may be necessary, or take any other action relative thereto. Description: These additional streets in MacFarlane Farms Phase I are deteriorating and in need of repair before repairs become more costly. This article follows due process and takes the streets from the non-responsive developer of MacFarlane Farms Phase I. Motion for ARTICLE 56 Street Acceptance MacFarlane Drive, Rigdale Drive, Jaclyn Lane, and Erica Lane 2/3 Vote: No Quorum Required Motion By: Planning Board Move: That the Town vote to accept Macfarlane Drive, Rigdale Drive, Jaclyn Lane and Erica Lane as public ways and to authorize the Selectmen to accept, or take, via eminent domain, suitable fees or easements in said ways, as printed in the warrant. Board of Selectmen [Favorable] Finance Committee N/A ARTICLE 57 Amendment to General By-Law Chapter 7, Public Ways and Places Discharge of Firearms on Public Way To see if the Town will vote to amend the General By-Laws, Chapter 7, Public Ways and Places, Discharge of Firearms on Public Way as follows: Discharge of Firearms on Public Way. No person shall fire or discharge any gun, pistol or other firearms in or across any of the streets or public places within the town; but this section shall not apply to the use of such weapons in the lawful defense of one's person, family or property, or in performance of any duty required or 55

57 authorized by law, nor upon such days as may be designated by the Board of Selectmen, or for hunting conducted in accordance with all applicable laws and regulations upon property under the care and control of the Conservation Commission where hunting is not prohibited. (New language bold and underlined). or take any other action relative thereto. Description: This article serves to include conservation lands as public places where firing or discharging a gun, pistol or other firearm is prohibited except for hunting where hunting is allowed Motion for ARTICLE 57 Amendment to General By-Law Chapter 7, Public Ways and Places Discharge of Firearms on Public Way Majority Vote: No Quorum Required Move: To amend the Town of Kingston General By-Laws Chapter 7, Public Ways and Places, Section Discharge of Firearms on Public Way, as printed in the warrant. Board of Selectmen [Favorable] Finance Committee N/A ARTICLE 58 Relocation of Raboth Road Easement To see if the Town will vote to accept an easement across 87 Pond View Map 81 Lot 8-4 relocating the traveled path of a cart path known as Raboth Road as shown on a plan entitled Roadway Improvement Plan Raboth Road prepared by Grady Consulting LLC dated May 13, 2013 revised through May 15, 2015 that reflected the settlement of Land Court Case # , or take any other action relative thereto. Description: This article allows the Town to accept an easement as described. Motion for ARTICLE 58 Relocation of Raboth Road Easement Majority Vote: No quorum required Motion By: Board of Selectmen Move: That the Town accept an easement across 87 Pond View, as printed in the warrant. Board of Selectmen [Favorable] Finance Committee N/A ARTICLE 59 Petitioned Article Rezone Industrial to Commercial/Industrial Park Move to re-zone the five (5) parcels with the Assessors Map and Lot numbers, , , , , and , located in the northern part of Kingston from Industrial to Commercial/Industrial Park zoning, or take whatever action relative there to. Description: [None provided]. 56

58 Motion for ARTICLE 59 Petitioned Article Rezone Industrial to Commercial/Industrial Park 2/3 Vote: Quorum 100 Motion By: Petitioner Move: Motion to be provided by Petitioner. Board of Selectmen Pending Finance Committee N/A ARTICLE 60 Petitioned Article Amend Zoning By-Law; Commercial District: Mixed Use Residential Move that the Kingston Zoning bylaw be amended to add paragraph under Uses Allowed on a Special Permit from the Board of Appeals Mixed Use Residential up to fifty percent (50%) of the total square footage on site. (Note: This would NOT apply to the Commercial-Industrial District) Description: [None provided]. Motion for ARTICLE 60 Amend Zoning By-Law; Commercial District: Mixed Use Residential 2/3 Vote: Quorum 100 Motion By: Petitioner Move: Motion to be provided by Petitioner. Board of Selectmen Pending Finance Committee N/A ARTICLE 61 Petitioned Article Street Acceptance Gilfeather Lane and McFarlane Drive To see if the Town will vote to accept the streets of McFarlane Farms Phase II: Gilfeather Lane and McFarlane Drive as shown on the plan entitled MacFarlane Farm Estates II, Modified Subdivision Plans; Drainage & Grading Plans; Plan & Profiles prepared by Lantana & Associates, Inc., dated July 5, 1999 revised thru June 1, 2000 and to authorize the Board of Selectmen to accept a gift of an easement, or fee simple ownership of the land identified in the plans and accompanying materials or to take any other action relative thereto. Description: [None provided]. Motion for ARTICLE 61 Street Acceptance Gilfeather Lane and MacFarlane Drive 2/3 Vote: No Quorum Required Motion By: Petitioner Move: Motion to be provided by Petitioner. Board of Selectmen Pending Finance Committee N/A 57

59 ARTICLE 62 PETITIONED ARTICLE Extension of Smiths Lane Move that the Board of Selectmen Investigate and report at the 2018 Annual Town Meeting, the extension of the Smiths Lane Kingston, a public way to Main St, (RTE 3A), and if necessary apply for any state aid, grants, easements, or permits required to facilitate the construction of the roadway. Description: [None provided]. Motion for ARTICLE 62 PETITIONED ARTICLE Extension of Smiths Lane Majority Vote: No Quorum Required Motion By: Petitioner Move: Motion to be provided by Petitioner. Board of Selectmen Pending Finance Committee N/A ARTICLE 63 PETITIONED ARTICLE William Gould Way Move that the Board of Selectmen allow the Public Way known as William Gould Way, to continue to and/or into the Town of Plymouth or take any other action to facilitate the free flow of vehicular and commercial traffic between the Towns of Plymouth and Kingston. Description: [None provided]. Motion for ARTICLE 63 PETITIONED ARTICLE William Gould Way Majority Vote: No Quorum Required Motion By: Petitioner Move: Motion to be provided by Petitioner. Board of Selectmen Pending Finance Committee N/A ARTICLE 64 PETITIONED ARTICLE Full-Time Town Engineer in Lieu of Peer Review Move that the Board of Selectmen Investigate and report at the 2018 Annual Town Meeting, eliminating the current requirement for peer engineering review (except in extra-ordinary circumstances) and in lieu of, create a full time appointed position of Town Engineer whom would review projects and make a report to the applicable boards. The position to be partially funded by an increase in related fees to the Town of Kingston. Description: [None provided]. 58

60 Motion for ARTICLE 64 PETITIONED ARTICLE Full-Time Town Engineer in Lieu of Peer Review Majority vote: No Quorum Required Motion By: Petitioner Move: Motion to be provided by Petitioner. Board of Selectmen [Favorable] Finance Committee N/A ARTICLE 65 PETITIONED ARTICLE Amend General By-Laws Article 11 General Provisions Governing Officers, Boards and Committees, Section Department Reports Move that the Kingston General Bylaw be amended as follows: Article 11, General Provisions Governing Officers, Boards and Committees, Section Departmental Reports to add "The Board of Selectmen will present at Annual Town Meeting and include in the Annual Report a listing of all Town owned Real Estate to include Assessors Map and Lot, Address, acreage, current assessed value and town use." or take whatever action relative there to. Description: [None provided]. Motion for ARTICLE 65 PETITIONED ARTICLE Amend General By-Laws Article 11 General Provisions Governing Officers, Boards and Committees, Section Department Reports Move: Motion to be provided by Petitioner. Majority Vote: No Quorum Required Motion By: Petitioner Board of Selectmen [Favorable] Finance Committee N/A 59

61 AND, to transact any other business which may legally come before the meeting. FURTHER, you are directed to serve this Warrant by posting attested copies at the Kingston Public Library, at the Reed Community Building, at the Kingston Elementary School, at the Kingston Intermediate School, and at the main entrance to the Town House, the polling places of the precincts in said Town, seven (7) days at least before the time of holding said meeting. HEREOF fail not and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of meeting aforesaid. GIVEN under our hands this Eighteenth day of April in the year of our Lord Two Thousand Seventeen, the Independence of the United States of America the Two Hundred Forty-First and the Two Hundred Ninety-First Anniversary of the Incorporation of the Town of Kingston. BOARD OF SELECTMEN Elaine A. Fiore, Chairman R. Lindsay Wilson II, Vice-Chairman Jean M. Landis-Naumann Sandra D. MacFarlane Susan T. Munford 60

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69 TOWN OF KINGSTON: FY18 BUDGET SUMMARY Tax Levy by Property Class: Illustrates how taxes are divided between residential and non-residential tax payers 68

70 TOWN OF KINGSTON: FY18 BUDGET SUMMARY About State Aid State Aid: The amount received for education is to support KES/KIS schools; does not include Silver Lake. Overall, Kingston s aid has been fairly flat since Assessments: These are the amounts charged to the Town and withheld from our state aid distribution. The majority of the increase is from projected charter school enrollment increases. The town is charged tuition when students choose to attend charter schools over KES/KIS. There is some reimbursement from the state but it does not cover the cost incurred. About Non-Approp Liabilities Overlay Reserve: The town raises an amount each year to cover exemptions and abatements granted on tax bills. Offsets/Assessments: Amounts charged by the state or county and withheld from our state aid. About Excess Levy Capacity Excess levy capacity is the amount, in taxes, that the town could have levied but did not. This amount is computed each year as allowed under Proposition 2 ½. This amount does not accumulate; each year it is re-calculated and stands on its own. Any amount showing as excess levy capacity is available to use to fund municipal operations. If it is used, this means that the town is raising taxes beyond the 2 ½ % limit in a given year. 69

71 TOWN OF KINGSTON: FY18 BUDGET SUMMARY About Local Receipts These are sources of funds used to defray the cost of the town s budget. They are generated at the local level and include: Ambulance receipts Transfer station permits Building permits Dog licenses Vital statistics Cell tower leases And more 70

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73 TOWN OF KINGSTON: FY18 BUDGET SUMMARY About Free Cash Generally speaking, free cash is the result of: Revenues received during the fiscal year that exceeded budget projections Plus Monies that were budgeted but not spent Kingston primarily uses free cash to: cover snow & ice deficits, fund capital, equipment, and other onetime expenses, and increase reserves 72

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78 TOWN OF KINGSTON: FY18 BUDGET SUMMARY Note: This is the budget for the Kingston Wind Independence turbine. 77

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