03/13/2023 SELECT BOARD Minutes - Laserfiche WebLink

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E:j Mashpee Select Board Minutes March 13, 2023 Public Hearin w Discussion and Vote Relative totheRemoval of Mohamad Fand from the MMashlee Co mmunity Garden A4 spry. Committeew,(Pursuant to Mash fee Charter Section 7 9 .w (continued) With regards to Exhibit No. 13 it was noted the rules and regulations are suggestions and not a mediation between both parties. Mr. Fand had stated that he would step down if the MCGAC supported the proposed rules and regulations. This is one side of the mediation. Both perspectives should be considered. This is not an all or nothing compromise. As discussions amongst the Select Board continued, Mr. Fand was noted to have stated he would step down from the MCGAC if he retained his garden plot. Although Mr. Fand felt there was no reason for him to step down, he would be willing to bring this to an amicable end, and that he would seek a chance to see the rules revised and abide by them. Mr. Fand was noted to agree with the process however, he wants to ensure that due process in included in the updated rules and regulations. There is an appearance that Mr. Fand did not follow the rules of having an independent plot. Mr. Fand indicated he lost his plot. There was no cause. He lost his plot because there is a rule the committee can kick someone from the garden. There is no due process. His loss has nothing to do with any act. Mr. Fand stated he did not cause anything in the garden, except the issue with the grass pathway. Ms. Barbee indicated the rules as proposed are reasonable. As Exhibit No. 13 states, his rule #21 would circumvent the current rule #24 to give authority to resolve conflicts. If there is a dispute, there is an appeal process. Mr. Fand indicated the email states in Exhibit No. 13, The MCGAC rule #24 has been the basis for our 6- month attempt to both dismiss him from the Board and our decision to dismiss him from the garden. Rule #24 with proposed 2023 amendments states: All activities in and around the community garden should follow the 1989 Town property use policy #08, the 2018 community garden policy #078, and other policies in effect. By democracy of the committee, the vote was a unanimous no to proposed rule #21. If there weren't so many changes proposed to the rules the committee may have been more agreeable. Rules are rules, you cannot do whatever you want to. Mr. Fand was asked if he believes as a member of the MCGAC, did he represent the committee and the garden in your (his) best interest. The reply was affirmative. Mr. Fand was asked if he represented integrity in the Town's best interest. The replay was also affirmative. Mr. Fand stated he did not break the rules and amended rules. He was kicked out of the garden based on a specific rule. He feels he was victimized. Mr. Fand indicated he had a right to discuss the rules at the meeting. All of his changes were refused. Being a gardener and being kicked out in this fashion is unacceptable.