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•l <br /> TOWN COUNSEL: Because the enabling Stature which permits this <br /> entire subject matter to be considered, specifically <br /> rcites that the power of eminent domain exercised <br /> by the , Department of Environmental. Man m nt could <br /> only be exercised in the Town of Mashpee to take <br /> any property at all in the Town of Mashpee, dives <br /> the Board of c e l e ctme-n of the Town n s rf t d, thereto. <br /> It didn' t say the Town, it says the Board of selectmen. <br /> That' s the language e of the Stature'. This gives the <br /> Board of Selectmen the power to approval or disapprove , <br /> granted to the Board of Selectmen by the General Court. <br /> The Board of Selectmen, if I can draw an analogy if <br /> you will, which is - something that perhaps you are more <br /> familiar with - the- Board of selectmen is sort of the <br /> Executive part of - Town Government; the Town Meeting <br /> is sort of the Legisilative part. In this particular <br /> case again drawing, an analogy to -the state or Federal <br /> Government, the Executive or the Board of Selectmen <br /> is in power and obligated to exercise professi nar <br /> power in implementing.. In otherwords , they have to <br /> vote to do something based upon how they see it. <br /> Using their- discretion. The Town Meeting has r. ted''-to <br /> direct and irap we.r -the Board of SelectmOn to do this. <br /> The Board. of . selectmen, to 'be quite clear about it, <br /> is not under any lawful obligation to implement the <br /> Town Meeting vote. I think what the Chairman is <br /> telling you, as I understand it, I know nothing more <br /> than you }snow, is that the Board of Selectmen intend <br /> to follow out the mandate of the Town Meeting. <br /> VOTER: Are you speaking about Town owned land? <br /> CHAIRMAN: No, we are speaking about -all the land. <br /> TOWN COUNSEL: There was enabling le isl. tion which the General Court <br /> passed specific 1.1 y' appropriating funds to the <br /> Department of Environmental Management to acquire <br /> South Cape Beach and' make it into a State Park. That <br /> specific legislation which was past and subsequently <br /> amended by the General Court several years later, <br /> so that the combined language now as original adopted <br /> and as amended specifically recites that- the <br /> D p rtment- of Environmental Management e ent many - exercise <br /> eminent domain n power to take .land in the Town of <br /> ashpee only if the Board Of Selectmen 6f the Town <br /> of Mashpee, consent to 'i t-. <br /> CHAIRMAN: One other point that I want to make is that the motion <br /> that was past and voted on Town Meeting floor was <br /> a very very specific motion.. It referred not only <br /> in essence but in word for word to the Agreement <br /> hammered out by the south Cape Beach Advisory <br /> Committee with the Commonwealth of Massachusetts. <br /> This is -the essence and the wording and the approval <br /> that we are awaiting noir from the Commonwealth before <br /> we can take action. If there is any Change in it, ix"1 - <br /> whatever shape or manner, I don' t expect any, but if <br /> there is, we will have to go back to Counsel and I <br /> � - <br />