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October 24, 2023 Select Board Minutes (APPROVED November 13, 2023) 2 <br />Mashpee Select Board <br />Minutes Special Meeting <br />October 24, 2023 <br />Present: Select Board Members: Chair John J. Cotton, Vice -Chair Thomas F. O'Hara, Clerk Carol A. <br />Sherman, David W. Weeden (VIA ZOOM), Michaela Wyman -Colombo <br />Also Present: Town Manager Rodney C. Collins, Assistant Town Manager Wayne E. Taylor <br />Town Counsel Patrick Costello (VIA ZOOM); State Representative David Viera, Town Clerk <br />Deborah Kaye <br />Meeting Called to Order by Chair Cotton at 3:30 p.m. <br />Mashpee Town Hail, Waquoit Meeting Room <br />PLEDGE OF ALLEGIANCE <br />MOMENT OF SILENCE <br />NEW BUSINESS <br />Discussion of Publication dof November 7s 2023 Election Notice and «Possibleµ Remedial Action Relative <br />Thereto ._.._.� <br />Town Manager Collins explained that due to a failure to put notice of the Special Election Warrant into the <br />newspaper thirty (30) days prior to the November 7, 2023 Special Election that a defect exists with election <br />procedures according to Bond Counsel and Town Counsel. There are two ways to correct the defect: <br />- Legislative route: filing special legislation <br />- Cancelling the November 7, 2023 date and rescheduling the election <br />Also, Town Manager Collins met with Representative David Viera, Town Clerk Deborah Kaye, Town <br />Treasurer Craig Mayen and Finance Director Dawn Thayer last week to discuss the various options. It was <br />made clear that in order to meet deadlines for the requirements of the State Revolving Fund (SRF) filing <br />deadlines that the legislative route or new election date would have to be completed by December 1, 2023. <br />This is in order to facilitate contracts being filed, etc in time for the May, 2024 Town Meeting. <br />Representative David Viera, Town Counsel Patrick Costello and Town Clerk Deborah Kaye gave the following <br />information to the Select Board — <br />Viera: The legislative action is just ministerial in nature, this happens often, he asked for clarification if the <br />warrant was posted by a Constable of the Town, and just not in the newspaper. It was confirmed that it <br />was posted in a timely manner. The language of the legislative act has been drafted and it was confirmed <br />that Senator Susan Moran is on board to file in the Senate after the fling by Rep. Viera in the House. Vote <br />is not guaranteed, but should be complete by December 1. <br />Costello: Legislative action is just ministerial in nature, happens a lot and turns around quickly. <br />Kaye: Apprised of the failure to publish the notice in the paper on October 19, 2023, spoke to Treasurer <br />Craig Mayen and Bond Counsel and was advised of the simple fix of the administrative error by the <br />legislative action. Hard to do a new election date prior to December 1, 2023. <br />Select Board Member Wyman -Colombo the Board is meeting now, so we can set a new election date today. <br />Mr. Cotton agreed. Ms. Kaye stated that a new election would cost over $7,000 and that over that amount <br />had already been spent for the original November 7, 2023 Special Election. <br />