02/29/2000 SOUTH CAPE BEACH ADVISORY Minutes

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til C 2/29/00 PAGE TWO. 1I DISCUSSION OF TEN ACRE SITE : Nick vontalides , coun- el for DEM, explained that this agree- ment was drafted in 1381 , and it call for - the Departm nt t set aside tern acres for the use of the Town as a future boat ramp-.. Legislation was filed -five 'to six years ago which man- dated that any conveyance of property by the Commonwealth requires that it be four an app rai ed cons id era ion, and such other terms as Inspector General deems advisable. There must be an adequate metes and bounds description of the property of the interest that is being conveyed ; that the interest must be for fair market consideration, and that prior to the dis- position, appraisals , contracts , deeds and other instruments of conveyance must be reviewed and approved by the- Inspector General . There have been no exceptions to that policy that Nick was aware of ,in bills that affect conservation land since they have instituted 'it .. Morris stated that we totally disagreed with that position , and that was confirmed by the fact that there is a provision in Paragraph 17 , "In the event that the Commonwealth of Mass . was unsuccessful in accomplishing legislation which conveys title . to the Town of Mashpee, they agree to give a lease to the 'Town of Mashpee for a term of 99 years for ,-the- consideration of one dollar. Nick responded with, , the legislation also state, that all. � con- veyances shall be subject to Aiti .le 97 of the Constitution , and you run into , the same problem. Mr. Kirsner stated that he felt the position of the Legislature and of DFM was groundless , as the Agreement -wa-s executed in 1981 and precedes the legislation which was not retroactive. Mr . Kirsner explained he had prepared a letter to Nick Vontzalides , and to the selectmen, stated in his annual reports , 98 and 99 . Morris will see t-o it that Nancy Caffyn receives' copies of the letters he has written which outlined the procedure which he be- lieves would be appropriate. ;. Morris f-urther explained that he had made contact with Senator Rau chonb ch' office, and he had a meeting with Pant Nied wiec i, Chief of Staff and General Counsel ,, and a Mr . A1u i. Mr . Kirsner explained that the original agreement provided that the Town use the site as .a boat launch facility . At a -point when the Selectmen directed the committee to go forward to have the State transfer title, Selectmen commented that they would like to have that portion amended sine they had no meed for the boat launch facility at this point of time , :arid that they would thea use it for recreational and other purposes consistent with par graph T , of the Agreement .