03/13/2023 SELECT BOARD Minutes - Laserfiche WebLink

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6 Mashpee Select Board Minutes March 13, 2023 APPOINTMENTS & HEARINGS _._.�..._......._�..__. _w _ . _ _ _w.....�.........wwww...aM _ a of Mohamad Fand from, the Mash pee Public Hearin.: Discussion and Vote Relative to Removal ww............._ _ , _ , . Communi Garden Adyiso Committee Pursuant to Mashpee Charter Section 7-9 ; (continued) Mr. Fand was asked if he created an illegal garden outside of the community garden land on Town property. Exhibit No. 4 — Policy No.008 Control of Town Property was read into the record by Chairman Weeden. It states: The Town Manager shall be responsible for the proper use of all Town property other than that under the control of the School Committee and the Conservation Commission. The placement of ornamental objects on Town property, described above shall be contingent on approval by the Town Manager. Nothing in this policy is intended to discourage the placement of flags, seasonal decorations, or plants and flowers on Town property. Ms. Barbee indicated the photograph; Exhibit 9 shows the garden on Town property and not the Town community garden. Mr. Fand has a small patch of rhubarb outside of the community garden. The area contained ivy and brush, and it was his desire to save the rhubarb. Mr. Fand stated to talked with the Town Manager about this. However it was stated the plot was created illegally without the approval of the Town Manager. In response Mr. Fand indicated it is not an ornamental object. He did this unintentionally, nothing illegal. Mr. Fand added that he forges the land to eat greenery that may be unusual to most. As the Select Board discussion continued it was agreed this is an issue to be resolved under Policy No. 008, Control of Town Property outside of the community garden. The issue to be resolved involving the community garden under Exhibit No. 3, Policy No. 078 may be (under the jurisdiction of) the Historic District Commission. Karen Faulker attested her testimony would be truthful to the best of her knowledge and belief stated this is a circus and what she would call a peccadillo. In her opinion Mr. Fand is within his bounds. Ms. Faulkner indicated Mr. Fand is a kind and decent man. He grew up in Lebanon in a different way than we do. The Town has an Inclusion and Diversity Committee, and we need to stop removing people for reasons. Mediation is a compromise. Ms. Faulker offered to mediate this case. She stated this is an embarrassment, and let's not make this a problem. As the Select Board digested this information it was strongly stated there is no racism in this room, nor creed nor color (issue). That is not the reason the public hearing is being held. Mr. Fand in closing stated he would serve on the committee, and a committee should have different opinions. If he choses to dissent, he dissents. The members need to behave, discuss, and vote. It we don't agree, big deal. Mr. Fand indicated he was not bargaining. Town Manager Rodney C. Collins mediator for this hearing recommended the Select Board take the opportunity to further review the information and materials distributed. It was recommended the Select Board take this matter under advisement, and reconvene after review of the materials.