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2 <br />Mashpee Select Board <br />Minutes <br />March 13, 2023 <br />APPOINTMENTS & HEARINGS <br />Public Hearingµ Discussion and Vote Relative to the „Removal of Mohamad Fand from wthe Mashpee <br />Community Garden Advisory Committee (Pursuantwto Mashf ee Charter. Section 7 9 . (continued) <br />Lynne Barbee noted the minutes taken by the MCGAC Chair suggest they may have been biased. <br />Now a clerk has been assigned to take the minutes. Town Manager Collins indicated if Mr. Fand was present <br />and feels the minutes are inaccurate, he can attest to that. Mr. Fand stated that none of the minutes are <br />fabricated. They are all accurate. <br />Mohamad Fand attested his testimony would be true and accurate to the best of his knowledge. <br />Mr. Fand heard accusations, but no specifics involving the community garden and the advisory committee <br />stating if there is an overflow, it should be clarified. Mr. Fand asked did I ever infringe on the rules? Mr. <br />Fand responded by stating he would not desist from dumping upside down in the compost bins. The bins <br />were not functional, and all of these actions happened outside of the fenced area. Mr. Fand asked if the <br />MCGAC can you show documentation as to why you as a committee went after me for it? Can you verbally <br />testify he infringed on the garden rules? <br />Ms. Harris stated Mr. Fand encouraged other gardeners to allow their vegetation to grow out into the <br />walkways. Regulations state the plot and its surrounding pathways must be kept free from weeds and trash. <br />Mr. Fand indicated there is only one issue that has to do with discarded waste and not participating to clean <br />up. Mr. Fand made note of Exhibit No. 9 a photograph of the garden he created outside of his garden plot. <br />It was stated the MCGAC only allows gardening within your assigned plot. Mr. Fand asked about the fenced <br />garden, not the community garden of Mashpee. Mr. Fand indicated this area was full of ivy and other <br />overgrown plant material. Some of which he consumes. <br />Mr. Fhad in good faith indicated he has worked to resolve this matter for some time. Margorie Hecht and <br />Lynne Barbee will be discussing this matter of his behalf. <br />Margorie Hecht stated her testimony would be true and accurate to the best of her knowledge. Ms. Hecht <br />read aloud her comments reflected as Exhibit No. 15. Ms. Hecht indicated she was a part of the mediation <br />process when the matter first came up before the Select Board, and it was agreed to abide by the decision <br />reached via mediation under the guidance of the Town Manager. This was thought to be a reasonable <br />compromise. Mr. Fand would agree to resign and keep his garden plot. The MCGAC flatly rejected the <br />offer. Mr. Fand's plot was mowed down during his absence while he was out of the country. <br />The main point was to add due process to the regulations to establish a clear path in the future for handling <br />disagreements with the Town Manager having the ultimate authority. Ms. Hecht stated the MCAGC is a <br />Town committee overseeing a project that is on public land funded by public money. The garden was <br />established to give residents who do not have land, a way to plant food for family use. It is not meant to be a <br />manicured showplace, it is a community garden for the public good. The positive message is to make it clear <br />to all town committees that due process is important. We all have a right to free speech even if they are a <br />minority of one. <br />