03/13/2023 SELECT BOARD Minutes - Laserfiche WebLink

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h Mashpee Select Board Minutes March 13, 2023 APPOINTMENTS & HEARINGS Public„Hearing.: Discussion andMVote Relative yto the Removal of Mohamad Fand from the Mash ve Communil�Garden AdvisoywCommittee CPursuant to Mashee Charter Section 7-9; (continued) Lynne Barbee attested her testimony would be true and accurate to the best of her ability. Ms. Barbee stated this hearing is about committee membership and not gardening. This is public land created and supported by public dollars. The hearing notice is about participation in a Town committee. Ms. Barbee indicated she is part of a tri-party agreement for mediation. Ms. Barbee and Marjorie Hecht are present to facilitate with Mr. Fand. It was stated that some of the rules for improvement include due process. The revisions have been reviewed by the Town Manager. Ms. Barbee indicated the MCGAC failed to uphold its part to the remediation, and refused any changes being suggested. The January 18, 2023 minutes reflect this discussion. Leaving a meeting is not a reason to leave a committee. The minutes reflect that Mr. Fand was attacked at the meeting, and there was a feeling of hostility toward Mr. Fand. Did he do anything besides having his own opinions? Mr. Fand indicated the rules have to be amended to include due process, to allow issues between gardeners, and (for issues) to be brought to the Town Manager for final authority. Mr. Fand voiced objection to the matter of just cause. Mr. Fand indicated he is willing to step down from the MCGAC, but he wants to have his garden plot. Mr. Fand indicated he would not step down unless he gets full acknowledgement of his rights and his speech which is protected free speech from the Commonwealth Bill of Rights. Mr. Fand indicated he participated at the meetings in good faith. The expression of a dissenting opinion is not grounds for the removal of a committee member. Mr. Fand indicated he was not out of order at any time, and the chair did not call him out. Mr. Fand asked what is the proof of the cause for removal? To speak at a public meeting, you are required to be acknowledged by the Chair. Mr. Fand indicated there is no clear listing of allegation that would tell you to have to have a public hearing. The dumping of plants, having something on the outside such as the planting of a rhubarb patch. Mr. Fand commented on Exhibit No. 6 stating (commenting on the allegation) he came to the meeting but chose to work at his computer throughout the meeting rather than participate, and also chose to leave just prior to discussion of the agenda item of concern to him. In response to the comments made by the MCGAC Chair, Mr. Fand indicated he works on his computer all of the time. He left the meeting because there are limits where you can only stand so much. For clarity it was noted Exhibit No. 13 an email regarding Mr. Fand's rules and regulations were rejected. The communication states the committee voted unanimously (with his choosing not to vote) NOT to accept his proposes rules and regulations. Town Manager Collins advised in the tentative agreement Mr. Fand would step down from the committee, but keep his garden plot subject to the rules and regulations, but the rules would be revised. Exhibit No. 13 is the response from the MCGAC Chair dated February 24, 2023. In response Ms. Barbee indicated Mr. Fand was willing to make adjustment to his proposed rules and regulations, but the committee was not willing to make any changes to the proposal.