8/8/2016 BOARD OF SELECTMEN Minutes

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Board of Selectmen Minutes August 8, 2016 APPOINTMENTS & HEARINGS Public Hearinv: Annlication for new Shellfish Aquaculture License (Shellfish Grant) by Michael_ Ronhock, 82 Sunset Circle, Mashpee, MA: (continued) Motion made by Selectman Cahalane to grant the Shellfish Aquaculture License (Shellfish Grant) as filed on July 25, 2016 to Michael Ronhock, 82 Sunset Circle, Mashpee as presented with the stipulation requested by the Waterways Commission that access would be granted for any future dredging of the channel with sufficient one-year notice for up to 10 -years. Upon the term of 10 -year grant, it is the decision of the Board of Selectmen to renew the license for this aquaculture grant. Motion seconded by Selectman O'Hara. VOTE: Unanimous. 5-0. Roll Call Vote: Selectman Gottlieb, yes Selectman Cahalane, yes Selectman O'Hara, yes Selectman Cotton, yes Selectman Sherman, yes Opposed, none Presentation by Town Counsel reeardinQ the impact of recent Littlefield vs. U.S. Department of Interior decision: Town Counsel Patrick Costello met with the Board of Selectmen and interested public to review the impact of the recent Littlefield vs. U.S. Department of Interior decision. On July 28, 2016, U.S. District Court Judge William Young ruled the Secretary of the Interior lacks the authority to acquire land in trust for the Mashpee Wampanoag Indian Tribe. The argument used to make this decision referenced a 2009 Supreme Court ruling referenced as Carcieri. Although Judge Young's decision did not specifically overturn the Department of the Interior's decision to take land into trust for the Tribe's initial reservation, the status of the lands in trust; 170 acres in the Town of Mashpee and 151 acres in Taunton remain unclear. Town Counsel indicated this decision is expected to be appealed and it is likely the federal government will file a request with Judge Young to seek clarification regarding the status of tribal lands. With respect to the Town of Maslnpee, Town Counsel indicated the Town has worked cooperatively with the Tribe and has executed a Memorandum of Understanding, a mutual aid agreement for police, fire and emergency services. If contact is made with tribal authorities, the MOU grants Town emergency personnel the right to enter tribal lands for the purpose of mutual aid. If there is no tribal response, emergency personnel have the ability to respond to incidents on tribal land.