6/4/2002 SOUTH CAPE BEACH ADVISORY Minutes

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S X%B# 6/4/02 - PAGE PAGE TYT Iv DISCUSSION ofHUNTING: (Continued) Jim from the Falmouth Rod. & -Gun Club stated that he enjoyed hurting and he would be very disappointed if he could not hunt on South Cape Beach. Mr. I irsner called on Joseph Souza, South Cape Beach State Park Supervisor who had passed out written copies of his report to the committee, wherein 'it was statOd that during the past hunt- ing season, there were 'no Ana j or problems reported to his office. Patrols were made daily to the beach during the hurting season. Safety zones and signage were posted as -needed. Ir. Souza saw no reason to curtail hunting on South Cape Beach at this tine . notion was made , seconded and approved to permit hunting for the 2002/2003 season. Six - in favor., one opposed. V DISCUSSION of 10A SITE - LEGISLATION. Mr. Kirsner explained that pursuant to the provisions of Paragraph #17 of the Agreement between the Town and the Commonw alth of Klass . (dated 6/1981) t .at the Commonwealth is legally obligated, to transfer the site to the Town to be used by the residents - of the Town and the general public. The Advisory Committee has been, diligently pursuing efforts to accomplish this transfer without successO Under the provisions of Paragraph #17, legislative approval to effect the transfer is required. Nick Vontzalides , attorney for DEM, has taken the position that anv bill filed would be subject to various. conditions requiring the Torn to be responsible for the market value of the land, title examination, etc 4. JL mhere is nothing in Paragraph #17 that imposes such conditions upon the 'down. Chm. Kirsner also stated that Paragraph #17 provides, "If legislation fails, the State was obligated. to lease the land to the Town for a period of ninety-nine gears at a stated consideration of one dollar. Paragraph #17 further imposes upon DELI the obligation to "construct and improve access roads to the Ten Acre Site . A -bill was filed led, bar Representative Patrick which, as re eorn- me ded by the committee did not impose the conditions pre- viously re-viousl r referred to, however, Chm. Xirsner was recently informed that the bill was in the Rules Co=ittee-, that it was not going anywhere, the reason being allegedly because of a budget deficit, Rep. Patrick will file a ' new hill in November 2002 , and the committee, will exercise its best efforts for legislative approval .