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Original motion defeated at 8:36 p.m. <br /> ARTICLE 38 <br /> To help fund a much needed sewerage treatment facility for development that has <br /> occurred, in particular, proximal to the Mashpee Rotary. To channel wastewater more <br /> responsibly, as to not allow it to enter the Popponesset Bay Watershed or Waquoit Bay <br /> Watershed. <br /> A 1% sales levy on gross sales revenue of all restaurants which have seating capacity. <br /> A 1% sales levy on gross sales revenue of all drinking establishments and entertainment <br /> establishments serving alcoholic beverages. <br /> This revenue generated is to be used for the sole purpose of designing, and building a state <br /> of the art sewerage treatment facility serving the private businesses and public buildings <br /> (school, police station, etc.) within a mile radius of the Mashpee Rotary. This treatment <br /> facility must use the most current and highest quality process available at the time of <br /> construction. And, most importantly, the wastewater must be directed to a location where <br /> it will not enter the Popponesset Bay Watershed or Waquoit Bay Watershed, but only into <br /> a location where it will enter into Nantucket Sound. <br /> Funds are to be kept in a money market account under the name of "Mashpee Rotary <br /> Sewerage Treatment Fund". The expenditure of those funds must be approved by a town <br /> meeting vote. <br /> Submitted by Petition <br /> Everett Marder, Kopelman and Page, Town Council. "In my legal opinion it is not <br /> a legal article. The Town does not have such taxing authority, the only proper way <br /> to gain such taxing authority would be through special legislation that would <br /> require that the Town petition the State Legislature to pass such a special act in <br /> order to allow the Town, as do some Towns do have such special acts. You would <br /> have to get it by that way, it can not be done by a Town Meeting vote." <br /> Article was declared an illegal article at 8:38 p.m. by Town Moderator. <br /> ARTICLE 39 <br /> To see if the Town will vote to accept the layout of Swain Circle, Drew Lane, Butler <br /> Lane, Hanson Drive, Sewall Drive, and Carlton Drive as public ways as shown on a plan <br /> entitled "Road Conversion Plan for Asher's Heights Subdivision in Mashpee, <br /> Massachusetts", dated July 28, 1998, by Yankee Survey Consultants, which layout shall <br /> have been filed in the Office of the Town Clerk, not later than seven days prior to the date <br /> of the vote hereunder and to authorize the Board of Selectmen to acquire by gift, purchase <br /> or eminent domain taking any land necessary for the purposes of such ways as so laid out, <br />