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16 Great Neck Road North <br />,%Iashpee, Massachusetts 02649 <br />Ms. Waygan repeated she meets with her constituents. There is no violation of the Open Meeting Law, <br />there was no quorum. She is an elected official and she represents people. <br />Mr. Balzarini stated she was by herself with her friends, her committee, as a citizen. She wasn't acting <br />as a Planning Board member. <br />Ms. Waygan has Second Amendment rights herself. It doesn't void her from talking to the Community <br />because she is elected here. She cannot talk outside of this room with three Planning Board members <br />present. She cannot talk to the applicant outside this room. People have seen her talking to people <br />about things in the Town Hall lobby. She went before the Ethics Commission and she got cleared. Her <br />understanding, from the Ethics Commission, yes she can talk to constituents, no she cannot talk to the <br />applicant or two Planning Board members. <br />Mr. Phelan directed Mr. Balzarini's attention to the back of the page where it says she was conducting a <br />tour with constituents in Mashpee Commons pointing out, as it says here, again unsubstantiated, <br />providing a negative evaluation of quality and grade of construction and property management for the <br />Mashpee Commons. Now they are in front of us as a proponent, how is that not a conflict? <br />Ms. Waygan asked if he was there, to which he was not. If he would like to take a walk with her through <br />the Mashpee Commons she would be more than happy, but she would have to go with the whole <br />Board. <br />Mr. Fulone stated the question was to Mr. Balzarini. <br />Mr. Balzarini doesn't see a conflict because she wasn't meeting with a Board member or developer, <br />she can say anything she wants in the Mashpee Commons. If you're going to say how bad construction <br />looks, it's not swaying other Planning Board members. <br />Mr. Fulone said to be clear, it's an Ethics complaint not Open Meeting Law, located on page 3 of the <br />MA State Ethics Commission outline. <br />Ms. Waygan stated because this was sent to Town Counsel, why doesn't she have a meeting with <br />Town Counsel. <br />Mr. Balzarini noted this is one opinion and there is no proof to this. <br />Mr. Phelan has concerns. There is some hearsay. It needs to be vetted to the Town Attorney. The <br />Town is in some liability with this. <br />Ms. Waygan didn't read it before the meeting, she apologizes for leaving the room, she was emotional, <br />she is a human being, and she apologizes. <br />FUG <br />