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<br /> gill allow the Department of Public Works(DPW)to utilize revenues they collect wen prov Ing_
<br /> services for privately funded road maintenance and conversions to replace DPW equipment.
<br /> Submitted by Petition_
<br /> Explanation: Currently,funds collected for privately funded road maintenance and
<br /> conversions are placed in the Town's General Fund. This article would allow funds collected
<br /> from providing services for private roads that utilize Town equipment to be placed in a
<br /> Revolving account that would be used to replace DPW equipment,rather than relying
<br /> completely on Capital Funds for equipment replacement. This should not create any additional -
<br /> cost to the Town.
<br /> Page 15'
<br /> Recommendation: The Finance Committee does not recommend approval.
<br /> Article 16
<br /> To see if the Town will vote to advise the Board of Selectmen the voters wish to have the =
<br /> Mashpee River dredged.
<br /> Submitted by Petition
<br /> Explanation: This article requests Selectmen take appropriate actions to make the Mashpee Zoning By-Laws: (1)To modify the definition of STREET to include all recorded public or
<br /> private rights of way,(p;ivate ways exist in many Mashpee subdivisions)including those which
<br /> River Dredge Project a reality. - may provide access to the water.(2)To create a new By-Law which provides a procedure to
<br /> implement removal of obstructions.
<br /> Article 17
<br /> To see if the Town will vote to accept the following new chapter to the Mashpee General Code: The purpose of this proposed Zoning By-Law is to provide property owners,associations of
<br /> '
<br /> property owners and individual residents an effective remedy to maintain their la�wfuaas apVe'
<br /> rights of way b requesting the Town to remove obstructlons•'nc'"d"'9
<br /> Chapter 38: Public Records and Open Meetings g y y eq _ g n�n are sircec or public or private right Of
<br /> shoreline,structures or,..+�,.^e^`��'
<br /> -' — way legaOy iald..t- Tije T�""n.nay"'arge a maximum fee of$75;however it is believed that
<br /> 381 Purpose-- -- .. ;
<br /> there will be only minor,if any,expense to the Town because construction or placement o
<br /> obstructions in streets or rights of way is an occasional problem,and future obstructions would
<br /> This bylaw shall be known as the"Public Records and Open Meeting bylaw." The purpose of be discouraged. This By-Law,if approved,should minimize or prevent conflicts among
<br /> this bylaw is to ensure open access to public records and meetings;to provide for adequate residents because the Town will be the impartial decision maker and remover of obstructions.
<br /> disclosure of matters concerning the public interest and the accountability of Town Boards,
<br /> The proposal also prevents obstructions In rights of way,which lead to the shoreline,thus
<br /> Committees and Commissions;and to provide for strengthened local control and enforcement fulfilling Goal 2 of Mashpee's Comprehensive Plan.
<br /> of the Commonwealth's Open Meeting Law,Chapter 39,Sections 23A and B,and the Public
<br /> Records Law,Chapter 66 of the Massachusetts General Laws,and any related regulations or GOAL 2: TO MAINTAIN AND ENHANCE PUBLIC ACCESS TO AND ENJOYMENT OF MASHPEE'S
<br /> interpretations issued by the Attorney General or Secretary of State of the Commonwealth in „ COASTAL RESOURCES WITHOUT DEGRADING THOSE RESOURCES.
<br /> effect at the time of adoption of this bylaw.
<br /> "I. To ensure that development and redevelopment does not interfere with existing public
<br /> 1. The Town recognized the importance of: access and traditional,public rights-of-way to and along the shoreline or with public rights of
<br /> fishing,fowling and navigation. .
<br /> a) Open public meetings
<br /> Article 14
<br /> b). Properly posted public meeting notices o
<br /> To see If the Town will vote to accept the layouts as public ways of Albatross Circle,8arnade
<br /> c) Accurate documentation of the record of all public meetings Lane,Driftwood Way,Leeshore Drive,Sandy Way,Sextant Circle,Surf Drive and Tradewind
<br /> Drive as shown on a plan entitled"Road Easement Taking Plan of Seabrook Village Subdivision
<br /> d) Timely preparation of minutes in Mashpee,Massachusetts(Barnstable County)",dated December 13,2000 and prepared by
<br /> The BSC Group,Inc.,which layout shall have been filed in the Office of the Town Clerk,not
<br /> e) Timely filing of approved minutes with the Town Clerk later than seven days prior to the date of the vote hereunder and to authorize the Board of
<br /> Selectmen to acquire by gift,purchase or eminent domain taking any land necessary for the
<br /> f) Record retention in accordance with State regulations purposes of such ways as so laid out,and to appropriate and transfer from available funds
<br /> $340,884.45 to the Seabrook Village Roadways Account and to raise said appropriation,the
<br /> g) Audio sound(tape)recording of the meetings of key Town boards,committees,.' Treasurer,with the approval of the Board of Selectmen,be authnri7Pd to hnrrnw at nnP li;e,ui
<br /> and commissions from time to time,under and pursuant to Chapter 44 Section 7 or 8 or any other enabling
<br /> authority for such'purchase or taking and layout including costs of constructing such ways and
<br /> h) Enforcement of the provisions of this bylaw. legal financing and other costs incidental and related thereto;and further authorize the Board
<br /> 38-2 Jurisdiction of Selectmen to assess betterments to the owners of the land abutting the ways,or take any
<br /> other action relating thereto.
<br /> Submitted by Petition
<br /> Because regulatory authorities subject citizens to fees,fines and regulations,and the Town to
<br /> Possible litigation,the Town's interest is best served by requiring the following to comply with Recommendation: The Finance Committee recommends approval.
<br /> all provisions of this bylaw. The Board of Selectmen,the Board of Assessors,the Planning
<br /> Board,the Board of Health,the Zoning Board of Appeals,the Conservation Commission,all Article 15
<br /> hereinafter referred to as"Regulatory Authorities."
<br /> 38-3 Requirements To see if the Town will vote to authorize the Department of Public Works a Revolving Account
<br /> throu h the Town Accountant's Office in accordance with Massachusetts General Laws. This
<br /> 1. All Regulatory Authorities are required to:
<br /> a) Post notices of meetings in compliance with Chapter 39 Section 23B of
<br /> Massachusetts General Laws.
<br /> b) Post a copy of the agenda at the Town Clerk's Office one day prior to such
<br /> meeting and supply to the public sufficient copies of the agenda at each meeting.
<br /> c) Document all meetings by written report in the form of minutes pursuant to
<br /> Chapter 66,Section 3,4,5A and 6 of the Massachusetts General Laws. Such
<br /> minutes must be approved at the next scheduled meeting,or as soon as possible
<br /> thereafter,and be filed with the Town Clerk within two(2)business days after
<br /> approval.
<br /> d) Audio sound(tape)record all meetings. Such tapes must be filed with the Town
<br /> Clerk at the same time as the written minutes are filed.
<br /> 2. Waivers of compliance may be granted with respect to 38-3 1)(b)and(d)for reasons
<br /> which the Town Clerk deems valid and which are not inconsistent with Massachusetts
<br /> General Laws.
<br /> 3. The Town Clerk shall be required to maintain the audio tape records for a period of
<br /> three(3)years. If,in the opinion of the Town Clerk or Board Chairman,retention is in
<br /> the best interest of the Town,a longer period may be stipulated.
<br /> 38-4 Other Provisions
<br /> 1. All other town boards,committees,and commissions,not specified herein,may elect to
<br /> audio record their.meetings. If such election is made to audio record,some or all
<br /> meetings,the filing requirements herein shall also apply.
<br /> 2. All other town boards,committees,or commissions not specified herein,must post
<br /> notices of meetings and record the business of their meetings in accordance with this
<br /> bylaw and Massachusetts General Laws.
<br /> 3. Regulatory Authorities shall not be required to provide audio tape recordings of
<br /> workshop meetings and meetings held in executive sessions.
<br /> 38-5 Administration
<br /> This bylaw shall be administered by the office of the Town Clerk,who may designate a
<br /> person(s)to be the administrator(s)of public records. The Town Clerk shall promulgate such
<br /> rules and regulations as are necessary to administer this bylaw with the approval of the Board
<br /> of Selectmen who shall hold a public hearing after providing seven(7)days notice of such
<br /> hearing. The Town Clerk shall have the full power of enforcement to bring civil or criminal
<br /> action to enforce the provisions of this bylaw. The Town Clerk must discover or have been
<br /> made aware of a violation and shall not take action until:
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