Westbrook Committee Backs Replacing Recreation and Conservation Commission

[1:26] Gary Radin (Chair): Welcome to the committee of a whole meeting. My name is Gary Radin. I'm the chair. Tonight we have one item on the agenda, but I kind of want to set the stage a little bit. This is probably next to the last committee or commission that the staff has reviewed and made some recommendations related to the ordinances. With any open forum or talk, I do want to share that we want to be respectful of each other, we want to agree to disagree and have three minutes and I know that this commission in particular is very passionate and I'm passionate with any of our committees and I just want everyone to be heard. I want everyone to be respectful and I'm going to start off with a roll call, please. [2:39] Angela Holmes (City Administrator): Councillor McCambridge? Here. Vice President Shaughnessy? Here. President Monroe? Here. Councillor Chau? Here. Councillor Falkiam? Here. [2:48] Gary Radin (Chair): And chair Reardon here. So first one is our recreation conservation commission ordinance review and I am going to pass this on to city administrator Homes to kick us off on this one as [3:04] Speaker C (unidentified): she has with the other committees. Thank you. Thank you so much. First I'd like to just orient you to a couple of things that are in your packet this evening. The first item following the agenda is our summary that we've used similar in format to the summaries that we've provided for the other boards, commissions and committees that we've reviewed at the committee of the whole. Following that is the proposed replacement language that we're proposing to this body this evening. We are recommending a repeal and replacement of this ordinance language. Following that is the current ordinance for reference. After that is excerpts from Chapter 295 in our Code of Ordinances where it makes reference to the Recreation and Conservation Commission or their duties. That would also require amendment. And then lastly in your packet this evening is a spreadsheet of feedback that we've received from the Recreation and Conservation Commission. Commission. A little bit differently from the other bodies that we've reviewed. Whenever there's a significant edit proposed, we want to make sure to meet with the body of the commission, hear their feedback. And we actually met with the Recreation and Conservation Commission on four separate occasions. We had initially crafted a proposal to bring forward to the Committee of the whole for review. And after outlining some of the highlights of that with the body and the response that we received, we realized that we needed to take a pause. And so this is coming before you at a timeline a little bit more extended than we had initially anticipated, simply because we knew that we needed to hear from that body. And we asked them to provide comments regarding the commission's strengths, successes, and challenges so that we could take that into consideration as we crafted an ordinance that both addressed the legal challenges that we've identified within this section of the Code of Ordinances, but also balance that with what are the strengths that this body has expressed and has achieved throughout history to make sure that we're taking a fair approach to this, that we don't throw the baby out with the bathwater here. If there are good, solid things that serve our community well, and there are, we want to make sure to preserve that as we move forward with any ordinance amendment. So that's just an initial disclaimer. I'm going to read through the summary that I have for you here this evening. For those that are listening at home, I know that we have some folks zoom that may not have the packet right in front of them so to address existing conflicts between the provisions of the charter and the existing ordinance language relating to the scope of authority purpose and duties of the recreation and conservation commission staff do recommend a repeal and replacement of chapter 7 article 3 within our code and various amendments to chapter This modification would sunset the current Recreation and Conservation Commission, create a new Parks and Recreation Committee to, one, resolve the historical legal conflicts that are in the current language, and two, retain that core intended functionality of the body. In addition, we want to enhance the clarity concerning purpose, authority, and duties. We want this to be better than it was before, empower the new structure to be successful and build upon the successes that Reckon Con has had in the past. So as a little bit of history, just to make sure that we understand the sphere in which we're operating here, in the state of Maine, parks and conservation commission statutes were originally established back in the 1960s. That authorized municipalities to establish these minor elected bodies. They were elected at the original conception, as a method to address sprawl and fallow public land. State statute was later amended to require legislative body approval for both acquisitions and expenditures and to allow for the appointment of members to those bodies instead of election. They effectively allowed for legislatively created parks and recreation departments for all municipalities and were a particular use for departments for municipalities at the time that didn't have internal capacity to have departments staffed themselves, structure or capacity. Those commissions were intended to serve in an advisory capacity and to provide input on larger planning and development initiatives. And state statute outlined the powers and duties that could be delegated to those commissions, unless otherwise provided under home rule authority. Westbrook adopted a Recreation and Conservation Commission ordinance in 1970, which primarily reflected the duties and powers outlined in state law that municipalities could choose to delegate to the commission. However, and this is an important point to note, many of the powers and duties carried over from state statute and plunked into our ordinance conflict with the provisions of the charter as they assign operational, which is executive authority of the mayor, departmental and legislative, that's council authority, to an advisory body. Westbrook's ordinance was later amended in 1987 and again in 2018, but those amendments didn't address the core conflicts that exist within the charter. There are some caveats within the ordinance right now where it will outline the commission shall perform these duties, comma, subject to the approval of city council. However, those caveats do not clearly limit functions or authority and are the source of conflict or invite conflict. While the nature of Westbrook's municipal operations and capacity have shifted and expanded over the decades, the ordinance relating to the commission retained those conflicting elements. That has led to frustration and unclear expectations of members have sought to understand and fulfill the commission's role goal within Westbrook's municipal governance in the midst of that unclear guidance. That lack of clarity further complicates staff's relationship with the commission, as it's unclear when and how staff should rely upon and include the commission in project review. And that understandably causes frustrations within members of the commission in terms of being underutilized or not being included at all. So clarity is needed not only for the commission, but for staff as well, to make sure that we are utilizing this body appropriately. Despite those challenges, the commission has brought engaged, talented, and civic-minded individuals together over the years toward making our community a better place for both current and future residents. As identified by both members of that body and by staff, key strengths of the group and historical successes are centered in providing community perspective and recommendations to maximize the value of our outdoor recreational spaces, initiatives, investments, and projects. Just this evening at the council meeting, there were two expenditure recommendations from Rec and Con brought forward. Those are critical paths that we would like to preserve in any future ordinance that we have. This includes advisory review of open space and recreation projects, recommendations regarding fee in lieu of funds, and support for conservation and outdoor recreation initiatives. So some of the successes that the commission has had in past years I think are important to highlight as we contemplate any ordinance change. So the commission had a leading role in the creation of the green space ordinance, which functionally serves as Westbrook's land conservation process. There were 350 acres of designated green space created. City Council recently relied upon the commission to review the data and the community feedback provided through our water talk public engagement series and ask them to have to provide the next step recommendations for our city as we move forward to take the data from that report and to analyze that and develop what the next steps ought to be and to provide those recommendations back to the council. Additional successes include that collaborative partnership that the commission has fostered both with PRLT, the Presumptive Scott Regional Land Trust, and Portland Trails. That is an incredibly successful example of leveraging the partnerships that we have. And then last but certainly not least, they have a technical role in reviewing our subdivision applications and providing recommendations on the expenditure of open space funds within our community. So I wanted to talk before we get into the meat of this, about how staff have approached this process, given the legal complexities that we have, but also the strengths that this body has shown and demonstrated over the years. So we met with legal counsel to identify the extent to which existing language conflicts with the authorities and duties of city council and the mayor, as outlined in our charter. We spent a good deal of time trying to articulate what is our operational need and to identify the successful functions and strengths of that commission to carry forward and use that as our guiding light as we try to craft an ordinance here that both addresses the legal challenges and preserves the opportunity for future success. As I mentioned, we met with this body four times to collect feedback from them on what their ideas of strengths, successes, challenges, also to hear from them as far as what are their wants and what are the concerns that they might have as well. And that feedback, again, is included in the packet for you this evening. So that sort of sets the stage for the review process that we have. And now I'll just move through those five key elements that we've reviewed for all of our boards, commissions, and committees, the first of which is purpose. The review questions for those listening at home were, is it clear what this body was intended to accomplish? Is their involvement appropriate and sufficient for the assigned purpose? Does the purpose support and enhance departmental operations? Are there any conflicts in purpose with any other law or ordinance? And are there any limitations in purpose that are unclear? So our staff comment on this, and I'll just note that all of our recommendations will come at the end. Our staff comment is that the ordinance does not currently define the purpose of the commission. That's something that we hope to address through this process. Under membership, we wanted to review is the membership criteria and the required experience or qualifications appropriate for this body? Is it right size to accomplish its purpose? Does it balance the need for appropriate representation with efficiency in operations? So this commission is composed of up to 10 members, seven regular members with up to three alternate positions. At present, we have those seven regular positions filled. One of the alternate positions is filled. In addition, our ordinance currently requires members to be citizens, and that's something that we would like to address in the proposed ordinance. Under duties, the questions that were asked and reviewed, are the duties clearly outlined? Do they reflect operational needs? Do they reasonably facilitate the purpose of the body? Now, this is the section where when the city of Westbrook back in the day adopted what was essentially the text of state statute you and incorporated that into our code. This is where state statute outlined rather than establishing a purpose, powers and duties of the body. And so herein is where we find some of the core conflicts that exist between what has been delegated to this body versus what exists in terms of scope of authority for both council and the mayor. One moment. So the first item that I wanted to address, because I think it's important to understand the extent to which these conflicts exist, to provide some context for the repeal and replacement model that we are recommending. Those powers and duties conflict with both operational function, executive authority under the mayor, and the legislative authority of the council. The first item is they're tasked with planning, developing, and conserving open areas. This conflicts with the operational function of municipal departments, municipal work, and priorities as directed by the mayor with council authorization for the disposal, disposition, excuse me, of land, whether through conservation, acquisition, or otherwise. The next is an item that says conduct those duties regarding the management of the city forest. This conflicts with our operational function of municipal departments and priorities as directed by the mayor. Another item says that the commission shall have the power to call upon any other department of city government for assistance in performing its duties, subject to the approval of the mayor, and it shall be the duty of such other departments to comply with the requests of the commission within the limits of its departmental budget. This is an example of where the fact a caveat exists in here, subject to the approval of the mayor, but also includes a shall, which conflicts with the mayor's executive authority over city departments, and that requirement for departments to comply to the extent possible within budgets that can creates confusion when it comes to chain of command, municipal project and investment prioritization, and the budgetary process. Shall have the power to conduct recreation activities on all city and school property in cooperation with city departments and the school department. This is another example of where shall invites conflict. This is also an area of the code that was amended over time. In a previous iteration it of our recreation and conservation commission ordinance in history, it provided a greater role for the school committee when it came to school property, and that was reduced over time. May acquire by purchase or gift land and or conservation easement in the name of the city, subject to the approval of the city council. So this authority is specifically limited by the requirement for council approval, but it's problematic as the charter states that only the council may take the action to acquire land, and nor should members of an advisory body conduct negotiations on behalf of the city of Westbrook. So while the commission may recommend the purchase or recommend an action or acquisition, the commission cannot make that purchase or acquisition, even with council approval. So council cannot delegate its authority to a commission to take that action on its behalf. So recommendations are permitted. The actual action has to happen with city council. So that is an area that's problematic and needs to be addressed. In addition, we would want to make sure that any acquisition has secured appropriate vetting through municipal departments to ensure that we're not acquiring problematic properties or interests or liability as we go through that process. Three more here. May seek to coordinate the activities of other conservation bodies organized for similar purposes. This section requires clarity as it implies the ability to exercise control over the activities of other conservation bodies. It's appropriate to seek coordination with, but not to coordinate, other bodies' activities. May initiate critical environmental studies and projects. So the initiation of studies and projects implies the ability to direct the work and the resources of municipal departments, which conflicts with the authority of the mayor. A lot of the examples that we've included thus far outline the conflicts with council's authority. This is an example of a conflict with mayoral authority. While providing feedback or suggesting priorities falls within the scope of advisory bodies, initiating the work and thereby directing the priorities, thereby directing the work of municipal departments, directly conflicts with Westbrook's structure of municipal governance. And the last item is may solicit and receive federal and state grants of funds, private gifts, or bequests for municipal and area recreational or conservation purposes. So this does conflict with council's appropriation process and the mayor's veto authority over appropriations. One of the things that we've discussed in great length through the budgetary process, through the capital improvement process, is the fact that due diligence is required. Oftentimes gifts come with conditions, and we need to assess whether or not our community can afford those conditions. So that is something that we want to make sure is included in any process that we look at as we move forward. We don't want to prevent the ability to make recommendations, but we want to make sure that due diligence process is conducted so that we don't have any unintended financial or operational obligations without mayoral or without council approval. In addition, one of the items that's in here as far as duties is it requires this body to create and submit an annual report to the city council. This is an obligation that used to exist within the planning board and within the zoning board of appeals. It was ZBA, right? Yep, within ZBA as well. And in those sections of our code, we had previously, a couple of years back, amended those sections to remove that obligation. There's nothing preventing those bodies from choosing to craft an annual report to submit to council, but having that obligation laid upon an advisory body is something that we would like to see addressed. Addressed. Under scope of authority, the questions that we were reviewing is, the scope of decision-making authority clear and consistent with state law and charter? So this is that section where scope of authority is consistent with the permissive authority outlined in state law, but directly contradicts the provisions of the charter relating to city council and the mayor. And lastly, under clerical corrections, what we look at is to check term lengths, eliminate gendered language, modify the term end dates if it's specified to June 30th across all boards, commissions, and committees, and amend the title if necessary. And the way that we've been reviewing that is as follows. We define a board as a quasi-judicial or regulatory body, a commission tasked with policy development, and a committee as advisory, a working group for a specific task or issue. So our comments in this section are that the term lengths are for three years. There is no word-specific representation that exists, so that's consistent with our review process, and there are no issues with that. There are some references to gendered language in Chapter 295 that we would like to address. And when it comes to the term commission versus committee, that use of the term commission is, again, reserved for bodies primarily established for policy development and some level of autonomy delegated by an independent from our municipal governance structure. While that title is consistent with state statutes permissive authority, you may choose to create a commission if you want. It is inconsistent with our charter's language as it pertains to the authority of the council and the mayor. So based upon that, the term commission implies decision-making authority rather than advisory authority and is a point of contention that needs to be addressed as we move forward. So I'd like to read through our summary recommendations here and then read through the proposed change, changes in our repeal. So, as I mentioned before, we spent a good deal of time considering the strengths and successes of this body and how to preserve that as we move forward. They are centered in representing the community's interests and needs relating to outdoor recreational and open space use, access, improvement, preservation, and in recommending the allocation of open space funds to support those efforts. So these recommendations are intended both to resolve the conflicts that exist within the charter and code while preserving the things that are entirely effective and don't need to be modified. So the first item is to revise the title from Recreation and Conservation Commission to what you see in your packet, which is Parks and Recreation Committee. This reflects clarified body functions and addresses confusion over authority inherent in the historical implications of that term commission. mission. We had also proposed modifying this from recreation conservation to parks and recreation to reflect the area of focus for the body, which includes but is not limited to conservation, use, access, and investment in Westbrook's parks, open spaces, and outdoor recreational amenities. Now, one item that I'll just note as an asterisk here is that we have met with Councilor Shaughnessy about the development of this language as Councilor Shaughnessy prior to his time here on Westbrook City Council served on the Recreation and Conservation Commission. And he has a couple of proposed motions to consider this evening. One of them is a modification to the title. And I just wanted to be very upfront with the fact that as we work together and listen to Councilor Shaughnessy's recommendations, we are fully supportive of them as they move forward. forward. So that will be discussed a little bit later. But I wanted to flag that item for you. Now, we'd like to remove reference to the state statute concerning conservation commissions to address legal conflict with the council and mayoral authority. We would like to retain the seven total members of the body but eliminate the three alternate positions. This is consistent with the maximum membership of all other advisory bodies in the city of Westbrook. Seven is the maximum that we use for all advisory bodies. We would also like to remove the citizenship requirement from membership eligibility criteria, however, retain the Westbrook residency. So whether citizen or non-citizen, if you're a Westbrook resident, eligible to participate in this committee. We think it's important to establish a purpose statement to incorporate what the guiding light of this body should be. That's community perspective relative to conservation and sustainability initiatives within Westbrook's parks and outdoor recreational spaces. We also want to clarify that they provide advisory support to the city. We are proposing to remove gendered language, remove language prohibiting members from receiving compensation. That's something that currently exists within the ordinance is that they are prohibited from receiving compensation. And we'd like to remove if they wish to, they could in the future consistent with what some of our other advisory bodies are eligible to receive if they should choose. We would like to mirror the language from the Planning Board concerning the removal of members. Right now, the ordinance requires a public hearing process. And right now, our Planning Board language says upon the complaint of the mayor with two-thirds approval of city council so we would like to copy over that language if that should be necessary also remove the position of secretary as functionally that duty is performed by the staff liaison we'd like to establish that meetings are held quarterly that's at minimum held quarterly and as otherwise deemed necessary by the city planner and or sustainability coordinator that addresses our minimum meeting requirement but also provides for additional meetings to be called if necessary it also builds in a connection that does not currently exist with one staff member and that's our sustainability coordinator as much of what that positions function performs overlaps with the vision of this body as well we would like to build that connection and to facilitate communication and collaboration moving forward clarify that the staff liaison prepares and distributes the agenda for meetings Consistent with the way all of our other advisory bodies function right now, clarify that the clerk retains the minutes. Remove the obligation to create an annual report. Provide language relative to community engagement within cities outdoor spaces. Retain language concerning promotion and encouragement of local environmental initiatives. That's language that currently exists that we'd like to move over and retain. Retain and clarify language concerning residential subdivision application review. Retain and clarify language related to recommendations to the city council on allocation of open space funds. Again, as you saw earlier this evening, there were two recommendations that moved forward. We'd like to continue you that ability with this new body. Retain and clarify the language concerning the classification of green space parcels. That's a major accomplishment of this body and a success that we would like to facilitate its continuance in future language. And retain and consolidate language related to recommendations for special projects, initiatives, or reports as requested by the mayor or council. Council, so the document that you see before you next in line is the language with the repeal and replacement, and there's a couple of items that I'd just like to highlight as we move through this. So the first item, as I mentioned, is the title of the body, and there will be a motion I believe later this evening that Councilor Shaughnessy will be making relative to the name under the establishment. Again, clarify that there's seven members. The purpose statement is an item that will also, I believe, receive a motion to amend just for additional clarity. And the administration is fully supportive of that amendment, which I'll let Councilor Shaughnessy read later. And it just expands and enhances the language that's in there right now. Under committee membership, the major change here is that under Section D, members being removed on complaint of the mayor, sustained by two-thirds vote, instead of utilizing a hearing process to remove a member, we're using language that is utilized elsewhere in our code for other bodies. These election of officers, annual election of chair and vice chair, that's consistent. Again, we remove that secretary provision under meetings. The committee shall meet quarterly and is otherwise deemed necessary by the city planner and sustainability coordinator. The planner, sustainability coordinator, or their designee shall prepare and distribute an agenda for each meeting. At this point in time, I know that the third motion that Counselor Shawnee plans on making this evening relates to this section and the chair's function and chair's role. Again, we support that motion that will be forthcoming. Again, removing that annual reporting obligation from this language, though of course, if this body would like to create one, they may certainly, and clarify that the minutes are submitted to the city clerk for filing, which is consistent with what we do for our other bodies. And then under committee duties, this is an area I know I'm talking a lot this evening. And I want to get through some of the core functions that we have here for the duties because this is really important. The first item that we have is promote and support city owned parks and outdoor recreational amenities through community events and other initiatives that foster opportunities to connect, celebrate and engage with the city's outdoor spaces. Promote and encourage local environmental initiatives including but not limited to education regarding environmentally sensitive lawn products, native landscaping, buffers to natural resources and water conservation. Review and advise the planning board on outdoor spaces and or amenities proposed through residential subdivision applications. Provide recommendations to the city council regarding the expenditure of open space designated funds and funds received by the city pursuant to, and that citation is the subdivision application process, on the design or development of projects or initiatives that enhance community access to, connectivity with, use of, or engagement in Westbrook's public outdoor spaces or protection and preservation of the city's natural resources. Perform the duties assigned in the section relating to green space concerning the classification of green space parcels. And lastly, as requested by the mayor and or city council, provide recommendations on improvements to city-owned parks, outdoor recreational spaces, special projects, or initiatives. So within that language, section B through E are in their core substance, reflective of the existing language that we have right now, with additional clarity and enhancement. The next item in your packet is the current ordinance for reference. I'm not going to read through that. You're welcome. And then after that are the amendments to chapter 295, and I wanted to point out a couple of the sections in here. Under 295-3, we're recommending striking that section. Right now it says the recreation conservation commission may study the problems and determine the needs of the city in connection with its tree planting program. You'll You'll also see some of the gendered language that we intend and recommend amending. One of the things that we have right now you saw on this evening was Doug Eaton, our operations manager for public services. He's also our city arborist with a capital A. The city also has on staff several arborists, lowercase a, all of whom are professionally licensed arborists. And that's the team that we rely upon for our street tree planting and forestry management. So this removes the supervision or appearance of supervision of Recreation Conservation Commission over the operations of the arborist. And when we spoke with the Recreation and Conservation Commission this past Wednesday evening, the general feedback was skip that because we know that's not appropriate and needs to be struck anyway. And if I misrepresented that, please let me know. Article 2, green space, there's more substantive amendments in this section, and I just wanted to walk through a couple of them. So again, this is that area where we have one of the best examples of local direct land conservation efforts. It's not our only example of land conservation or environmental conservation efforts that we have here in the city of Westbrook, but this is that land conservation effort. So under management plans, previously, it says that Rec and Con may develop and recommend the management plans for that subject to approval of the council. Now it says that a management plan may be developed upon the request of the mayor and subject to the approval of the city council. Under development review, it again clarifies the advisory nature of this body for reviewing and recommending the purpose of green space parcels as we move forward with that. And then lastly, if there's an item in, if there's a green space item that has a proposal for construction or development, this body would review the intent of that green space designated parcel just to make sure that intent is being preserved. We've also clarified that if the study wishes to transfer a designated green space parcel to any certified land trust, and our certified land trust here in this region is Presumpt's Got Regional Land Trust, and we've partnered with them incredibly successfully over the past few years. If we do transfer ownership of a parcel to a certified land trust, then that green space parcel designation would be automatically removed. Right now, what we've built in is, and this is our existing language, it says that if we want to designate, lay that classification upon a parcel, it requires the two-thirds affirmative vote of the City Council, the Planning Board, and the Recreation and Conservation Commission. And conversely, if we wanted to remove that classification, two-thirds vote of each of those three bodies as well. And that remains intact with the creation of this new body that we have, however clarifying that transfer to certified land trust we bypass the need to remove that green space designation and let's see, I think that is pretty much it when it comes to our edits for this. Even I know I've spoken a lot. The last item that's in the packet is that feedback from the Recreation and Conservation Commission. I appreciate how open and honest they have been with us through this process. I know change can be difficult. I hope that what we are achieving through this ordinance is something that enhances clarity and enables a body to move forward with more success, build upon the work that has already been done by the Recreation and Conservation Commission while helping us navigate through some of the legal challenges that currently exist in our ordinance. I also wanted to address one more item as we move through this process is how do we accommodate public feedback and idea generation. I think through retaining this function as an advisory body, it would be very similar to the way that other advisory bodies work, where initiatives and directives and requests come from the mayor and from the city council, referrals from the city council to the body. Staff help break that into operational function and develop the step-by-step criteria for this body to consider as an advisory body. And then the chair of that body would lead the agenda, moving that body through those recommendations and the conversations that take place within. And vice versa, also making sure that we have the ability for them to provide that feedback to the mayor and the city council, as exists elsewhere as well. One item that Councilor Shaughnessy had recommended that's not reflected in this ordinance here, but operationally we would like to proceed with is having a one-year report out through this process as we establish this body and just come back to the City Council. Council if this is approved we'd like to have a report out and see have we achieved what we set out to do is there anything that isn't working or may need some tweaks along the way so I hope we've struck the right chord here I know that 's we've received a lot of feedback and input in this and I appreciate all the time and effort that's gone into this and thank you counselor shaughnessy for your time and for other counselors that have provided feedback to us did i miss anything all [41:55] Gary Radin (Chair): right, thank you Angela, thank you, thank you and your staff and the solicitor for your complex work in collaboration with the commission. So during the feedback what I would like to do is give the, if there's anyone on zoom from the REC and CON commission to speak first and state their names, and then we will the committee up here will have some deliberation and then we'll have public comment again. I'm not going to have the commission to a three minute but I also don't want to filibuster where it's going on and on, but for the sensitivity of this committee and how complex it is, if we have anyone from the commission please let me know on zoom. I don't see anyone in the audience here. [42:59] Angela Holmes (City Administrator): We do have a few folks here on zoom at this time, none of them are sticking out as commission members, although if any of you are commission members, if you'd like to just raise your hand I can allow you to speak. Otherwise when we open up for public comment anybody here will be more than welcome to speak. I am seeing no hands raised, you do have a hand raise, I have [43:26] Gary Radin (Chair): no hands raised, no hand raise, okay. So and if someone tunes in we'll certainly circle back to them. As far as the committee, any questions, comments or amendments or anything? Yeah, I [43:43] Speaker D (unidentified): Thank you. I do have a few amendments, but first I want to just thank you all for all the work that you put into this thing, and I appreciate being able to exchange ideas. For one, there's a few. I handed out a sheet. This has been looked at and worked through with the city administration. Administration, and one is that the Parks and Recreation Committee, I would move that it gets changed to Recreation and Sustainability Committee. Reason being is that there's the Sustainability Director as a part of it. It seems to make sense, and all of this is an evolution, so while it's being repealed and replaced, it's really an evolution on all the work that has happened up to this point with the Recreation and Conservation Committee. And sustainability seems to be very much overlapped with what conservation is all about. I mean, they're indistinguishable from each other. And so having recreation and sustainability with the sustainability director seems more encompassing and appropriate for this committee than parks and recreation. Can I just interrupt you? [45:08] Gary Radin (Chair): City Clerk, does Ms. Faulkenham have this sheet that we're looking at? [45:16] Angela Holmes (City Administrator): Maybe not. I will ensure that she gets a copy of this. Okay. [45:22] Gary Radin (Chair): Because we have it in front of us, and Amy, if you can kind of follow along and maybe Ellis can email it to you so you can follow along. Sorry, Mike, go ahead. That's all right. [45:39] Speaker D (unidentified): So that's that's the first one. Should I read them all? Do you want me to go? Yeah, I think that. [45:44] Gary Radin (Chair): Do all the motions and we'll do them as one, okay, if that's okay with the committee, if that's. [45:51] Speaker D (unidentified): Fine. The other is to amend the purpose statement. I think this is a pretty important. And I just basically sort of it's tweaked around a little bit going to make two major points that I won't read through the whole thing. But it goes to say the purpose of the committee is as follows. And then as requested by the mayor and city council, the committee will provide advisory support and community perspective regarding the city's environmental sustainability, conservation, and recreation efforts and initiatives that affect the natural environment, parks and outdoor spaces. There's a lot in that and it's very good. And the other is to promote and enhance community access use of and enjoyment of Westbrook's parks, natural resources, outdoor recreational spaces through community engagement and educational activities. And so it's it 's sort of a tweaking but it seems a little clearer than what there was. The other was to amend meeting section and really in that it is giving a role to the chair and the vice chair to facilitate the meetings of the committee to ensure the conduct of the matters for consideration. And my hope is that this is in keeping with the desire for clarity, and also I hope that through this process there is a kind of good mutual working relationship with staff [47:22] Gary Radin (Chair): and so that's sort of at the root of these. Okay, so at this point I would like to ask anyone from the committee if they, because I think we should vote on these, but is there anyone that you want to separate it, because right now it's the title, the purpose, in the meeting section. If there's no objections, we'll vote for them all in one as one motion. No objection? So we'll need to have a second. Second. Seconded by Counsel Monroe. And before public comment, would it be prudent to change it now, to have a vote? Okay. Roll call vote, please. [48:11] Angela Holmes (City Administrator): Counselor McCambridge? Yes. Yes. Vice President Shawnessey? Yes. President Monroe? Yes. Counselor Chao? Yes. Counselor Faulkingham? [48:27] Gary Radin (Chair): Counselor Faulkingham? Chair Reardon? Yes. It passes for the motion. Michael, thank you for your work in this. I know you have a tremendous passion. And when you were on the Recon Con, and I do, I like clarity. And you know this is as clear as we could get. If there's no other deliberation from the committee, I would like to open up a public comment. Councilman Row, I just want to thank [49:04] Speaker E (unidentified): the staff for all this work, and not just all the work that you guys did, but also all the transparency you have in reporting back what you guys got from the commission about the challenges and their concerns and their wants. You know, you can tell that there's a lot of really good, there are a lot of strong opinions on the direction this is moving, and I really appreciate the balance. It seems like you guys tried to strike with being consistent amongst all of the different boards and keeping the process the same to create something new that is evolving from what it has been. I appreciate all the work you [49:44] Gary Radin (Chair): Have done. I do have to thank to recognize the pause and how important it is and to do it right and taking the time. So, absolutely. Public comment? Anyone in the audience? Anyone on Zoom or please state your name and if you're a citizen. Resident. Resident, excuse me. Resident. I knew it was something. [50:21] Angela Holmes (City Administrator): We do have a couple folks on Zoom. No hands up, but we did just have one person join, so I just want to restate that for the record, that we are open for public comment. Anybody on Zoom, if you would like to speak at this time, please raise your hand so we can allow you to speak. And I do have one hand raised. If you could unmute, please state your name, and if you are a resident of Westbrook. [50:48] Ken Fawcett (Westbrook resident/public commenter): Yes, I'm Ken Fawcett. I am a resident of Westbrook. The question I've got is, when you mention that someone has got to be a resident to be on this commission, does that mean they must be a U.S. citizen or a legal resident? [51:10] Speaker C (unidentified): Go ahead. Hi, I'd like to just address that comment. So there is no citizenship requirement in the proposed ordinance amendment. We are asking that to be a member, you reside within the city of Westbrook. [51:27] Ken Fawcett (Westbrook resident/public commenter): So we an illegal immigrant can be on this board then we do not address immigration status through this ordinance but the answer then is yes I'm [51:42] Speaker G (unidentified): Sorry if [51:45] Speaker C (unidentified): They qualify as a resident of the city of Westbrook if they reside within the city of Westbrook they would be qualified to serve on [51:53] Ken Fawcett (Westbrook resident/public commenter): This body so the answer is yes an illegal alien can be on this board we do not look at immigration [52:06] Angela Holmes (City Administrator): Okay. Thank you. Anyone else? I am seeing no other hands. All righty. [52:19] Gary Radin (Chair): And there's no one from Rec and Con on. I am looking for a referral to the City Council if there's no other discussion from the committee. Second. Moved by Councilor Chao and seconded by Councilor Shawnessey to move the Reckon Conservation Commission ordinance review as voted on with the motion of changes as presented. Okay. Roll call. [53:08] Angela Holmes (City Administrator): Councillor McCambridge? Yes. Vice President Shaughnessy? Yes. President Monroe? Yes. Councillor Chau? Yes. Councillor Falkingham? Yes. And Chair Reardon? Yes. [53:21] Gary Radin (Chair): It is six in favor, and it is going to be referred to the City Council. Again, I want to thank you. I think we have one more committee to do. It's a public safety committee. And once that is presented to us we'll have another committee of a whole. I do want to thank everyone, and I'm going to reiterate what Councillor Munro said, that this isn't easy, but transparency and consistency is huge. And I just want to thank the administration, especially the city clerk and city administrator, and Becca and Jenny. Yeah. You didn't have your name tag on. So I am looking [54:12] Speaker G (unidentified): for a motion to mayor. Yeah. Just one more. Thank you. I just wanted to thank, you know, the council for their help, like stepping back from rec and com, but the whole, this whole process that's been helpful, particularly those of you have served on different committees to lend your perspective and to just be part of the process. When we talk about the city, we're not talking about me, we're not talking about the staff, we're talking about all of us, you know, we're talking about the volunteers and the citizens too. And it really, yes, it was a tremendous effort on staff, and my gosh, you know, the three women right there spent have spent so much time OVER THE PAST SUMMER ON ALL OF THESE ISSUES. BUT ALSO THE EFFORT THAT WAS PUT IN BY THE MEMBERS OF THESE COMMITTEES TO GIVE US THEIR FEEDBACK FROM THOSE OF YOU WHO HAVE COME IN TO LEND YOUR TIME TO CITY STAFF TO PICK YOUR BRAINS, IT'S REALLY VITAL. AND THAT DOESN'T ALWAYS GET NOTICED BECAUSE IT JUST SEEMS LIKE SOMETHING APPEARS ON AN AGENDA AND THEN YOU VOTE ON IT AND IT'S DONE. It's much bigger than that, and thank you all for participating in the process. [55:24] Gary Radin (Chair): Okay. So if we could have a roll call vote for adjournment. [55:29] Angela Holmes (City Administrator): Can I have a motion and a second? [55:33] Gary Radin (Chair): Yeah,. Monroe and Shaughnessy. Councilor McCambridge? Yes. Vice President Shaughnessy? Yes. President Monroe? Yes. Councilor Chau? Yes. Councilor Falkingham? Yes. And Chair Reardon? Yes. We are adjourned.