04/07/2008 Special Town Meeting - Laserfiche WebLink

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Parcel Seven: The parcel containing 4.6 acres, more or less, identified on Assessors Map 106, located off of Punkhorn Point and Gooseberry Island, currently utilized as a Wampanoag Aquaculture/Shellfish Farm site; Parcel Eight: The parcel containing 8 acres, more or less, identified on Assessors Map 106, located in Popponesset Bay, currently utilized as a Wampanoag Aquaculture/Shellfish Farm site; or take any other action relating thereto. Submitted by the Board of Selectmen Explanation: This Article seeks the authorization of Town Meeting for the conveyance and/or ,release of the Town's title, rights or interest in and to the eight parcels of real property identified in Paragraph l(a) and Exhibits A and B of the Intergovernmental Agreement. As stated in the Agreement, upon conveyance of the Town's right, title and interest in the parcels identified as Parcels One through Six, the Tribe will pursue the pending petition to the United States Department of the Interior, Bureau of Indian Affairs (" IA") for acceptance of said, parcels into trust for the benefit of the Tribe, pursuant to Section 5 of the Indian Reorganization Act of 1934, 25 U.S.C. section 465. All of these parcels have already been identified by the Tribe as prospective trust parcels in the Tribe's August 30, 2007 Application to the BIA which seeks trust designation for multiple parcels of land in Mashpee and Middleborough. Upon, authorization. of the subject conveyance/release of rights by Town Meeting, the Selectmen will, in consideration of and subject to the terms of the Intergovernmental Agreement, execute all instruments necessary to convey the Town's rights, title and interest in the subject parcels, and they will withdraw the Town's previously filed comments obj ecting to the Tribe's pending BIA land into trust Application. Parcels Seven and Eight are Wampanoag Shellfish Farms located in Popponesset Bay which, have, for several years, been cultivated, maintained and harvested by the Tribe pursuant to licenses and permits granted by the Town. The Town has agreed in the Intergovernmental Agreement to convey to the Tribe any right, title or interest of the Town in these two parcels for continued aquaculture/ shellfish farm use and/or to support steps necessary for these parcels to be taken into trust for this purpose. Any conveyance of Town owned land, or any interest therein, must be authorized by a 2/3 vote of the Town Meeting. The Board of Selectmen recommends approval by a vote of 5-0. The Finance Committee recommends, approval by a vote of 5 in favor; one abstention; one absent. Motion made by Selectman Theresa Cook. Motion: I move that the Town vote to transfer the use of the following parcels of property to the status of land held for disposition, and to authorize the Board of Selectmen to convey, grant ,and/or release to the Mashpee Wampanoag Tribe, upon such terms and conditions as the Selectmen deem to be in the best interest of the Town, the Toven's title, right or interest in and to the following parcels of land: 3