7/31/2001 SOUTH CAPE BEACH ADVISORY Minutes

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South Cape Beach 7/31/01.. PAGE TWO III DISCUSSION of HUNTING: (Continued) Put to a vote anmong. the committee raernbers Bir. . mai ori.t vote,,. the- motion carried-.: In favor: . 6 . Opposed: 2 Hunting will be continued for the coming gear-. Joe Souza, - Jr, , Park Supervisor' s report wa passed out to Mr. Kirsner and the committee, Mr. Souza . stated there hal been no injuries or other related problems reported- to hi-s office. ,' Iv DISCUSSION- OF 10A SITE - LEGISLATION Mr. Kirsner has sent -various reports to the committee including a letter from Town Counsel.' Mr. Kirsner explained his reason for retaining Town -Counsel. Mr. - Kirsner is - an attorney, and has been for- many years . He stated that he believed that- the committee. could surmise from prior. meetings eetings what his opinion was . Mr, Kirsner explained - further, the ten acre s-ite ,is supposed to be conveyed- to the- Town of Mashpee for the _nominal cons iderati-on of one dollar. The issue here has been that Nick vont lide-s has stated on a number of occasions, publicly before the meeting, and privately to Mr. Kir-seer on several. occasions, there was a statute, a law, or regulation that was enacted about seven or eight gears acro,, -whish -makes' it mandatory that any land trans- fer- from 'the State. to any individual or any. entity requires pay- ment by the purchaser of a .market value established ished bar an appraiser, and t o payment of costs succi- as surveys, appraisals and other incidental title examinations, etc. Mr. Kirsner called the Executive Secretary and. told him what his po i tion was, and the committee has dome. as - much as it could do under the circumstances . Town. .Counsel carne into the picture; he shared Mr, it ner" s opinion, 'after reviewing the Facts, and shared the- chairman' s thoughts with reference to Nick vont, alides . Mr. Kirsner stated further there was no regulation. There was . an established polic r which was - adopted by. the Department of Environmental Management. The -'e s tab l i shed o l i cv that any land transfer' must be at- market value.' anal that the- 'purcha's'er must pair for all of the 'cost expense. It is- -riot a regulation, not a statute; it is a. firm pollcy,, and it i s ehfbrc d by' - the' Legislature. Mr. Kirsner has discussed thaLs with ' r-.- Vontzalides, and- he said that it is followed. very s-t ictly. This is' contrary. to the opinion that Nor. Kirsner".'-hail 'ex'pr�es,.sed,. arid' h. .. :do not believe that the 'co hitt -wa-s. le all r b und, by it*