City Hall·Westbrook·Agenda
City Council
- Westbrook Committee Of The Whole
- Committee Of The Whole Agenda
- Westbrook High School (Room 114)
- Meeting Information
- I. ROLL CALL
- II. RECREATION & CONSERVATION COMMISSION ORDINANCE REVIEW Staff presentation on proposed ordinance amendments relating to the Westbrook Code of Ordinances Chapter 7, Article III, Recreation & Conservation Commission, Chapter 295, Article I, Trees, and Chapter 295, Article II, Green Space.
- III. RECREATION & CONSERVATION COMMISSION MEMBER COMMENT
- IV. COMMITTEE DELIBERATION
- V. PUBLIC COMMENT
- VI. REFERRAL TO CITY COUNCIL
- VII. ADJOURNMENT
- • The Commission’s leading role in the creation of the Green Space ordinance, which functionally serves as Westbrook’s land conservation process (350 acres of designated Green Space created).
- • The City Council recently relied upon the Commission to review the data and community feedback received through the “Water Talk” public engagement series, and to develop next- step recommendations for Council consideration.
- • The collaborative partnerships that the Commission has fostered with area outdoor recreational and conservation entities such as the Presumpscot Regional Land Trust and Portland Trails. This has been a successful example of leveraging resources to advance projects that enhance our community through trail systems, land conservation partnerships, and elevating awareness of our natural spaces to the community at large.
- • The Commission has a functional role in reviewing subdivision applications and providing recommendations on expenditure of open space funds within our community. Staff approached the review process for the Recreation & Conservation Commission ordinance by identifying with legal counsel the extent to which existing language conflicts with the authority and duties of the City Council and Mayor, articulating operational need, and identifying the successful functions and strengths of the Commission to carry forward in any future ordinance language, ensuring that our community does not inadvertently lose the positive momentum that this Commission has achieved. Staff met with the Commission on July 16th, August 20th, September
- • The ordinance does not define the purpose of the Commission. Recommendations:
- • See summary recommendation at the end of this document.
- • The Commission is composed of up to 10 members (7 regular with up to 3 alternates).
- • The ordinance requires members to be citizens. Recommendations:
- • See summary recommendation at the end of this document. Duties Review Questions: Are the duties clearly outlined? Do they reflect operational needs? Do the duties reasonably facilitate the purpose of the body? Do the duties align capacity with operational need? Do the duties of the body duplicate any function provided by another agency or department? Staff Comments:
- • The Powers and Duties in the Ordinance introduce conflicts with the Charter, as they assign operational (departmental), executive (mayoral), and legislative (Council) authority to an advisory body. Examples include: o “Plan, develop, and conserve open areas.” Conflicts with the operational function of municipal departments, municipal work, and priorities, as directed by the Mayor, with Council authorization required for any disposition of land, whether through conservation, acquisition, or otherwise. o “Conduct those duties regarding the management of the City Forest.” Conflicts with the operational function of municipal departments, municipal work, and priorities, as directed by the Mayor. o “. . .Shall have the power to. . .Call upon any other department of the City
- • Requires the creation of an annual report of the Commission. Recommendations:
- • See summary recommendation at the end of this document.
- • Scope of authority is consistent with permissive authority outlined in State law, but contradictory to the provisions of the Charter relating to the authority of the City Council and Mayor. Recommendations:
- • See summary recommendation at the end of this document. Clerical corrections Review Questions: Unless otherwise outlined by State law, modify all term lengths to no more than 3 years for consistency, and remove any ward-specific representation requirements. Eliminate gendered language. Modify term end dates for all BCCs to June 30th (may or may not be reflected in ordinance language). Modify BCC title if necessary to reflect definitions of boards (quasi-judicial/regulatory), commission (policy development), or committee (advisory, working group for specific tasks/issues). Staff Comments:
- • Term lengths are for 3 years. No ward-specific representation exists.
- • Gendered language exists within Chapter 295, Article I.
- • The use of the term “Commission” is reserved for bodies primarily established for policy development and some level of autonomy delegated by and independent from the municipal governance structure. While the title is consistent with the intention of State statute, several sections of the State statute are inconsistent with Westbrook’s Charter. As noted in the feedback from Commission members, the term implies decision-making authority rather than advisory authority and is a point of contention to be addressed. Recommendations:
- • See summary recommendation at the end of this document.
- • Revise title from “Recreation & Conservation Commission” to “Parks & Recreation Committee. ” o Reflects clarified body functions and addresses confusion over authority inherent in the historical implications of the term Commission. o Modify from Recreation & Conservation to Parks & 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.
- • Remove reference to the State statute concerning conservation commissions to address legal conflict with Council and Mayoral authority.
- • Retain seven (7) total members of the body, eliminate 3 alternate positions. This is consistent with the maximum membership of all other advisory bodies in the City.
- • Remove citizenship requirements from membership eligibility criteria.
- • Establish a purpose statement incorporating community perspective relative to conservation and sustainability initiatives within Westbrook’s parks and outdoor recreational spaces, and clarify advisory support to the City.
- • Eliminate gendered language.
- • Remove the language prohibiting members from receiving compensation.
- • Mirror the language from the Planning Board concerning the removal of members.
- • Remove the position of Secretary, as functionally this duty is performed by the staff liaison to the body.
- • Establish that meetings are held quarterly and as otherwise deemed necessary by the City Planner and/or Sustainability coordinator. This addresses a minimum meeting requirement but provides for additional meetings to be called if necessary.
- • Clarify that the staff liaison(s) prepare and distribute the agendas for the meetings.
- • Clarify that the City Clerk retains the minutes.
- • Remove the obligation to create an annual report.
- • Provide language relative to community engagement with the City’s outdoor spaces.
- • Retain language concerning promotion and encouragement of local environmental initiatives.
- • 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.
- • Retain and clarify language concerning classification of Green Space parcels.
- • Retain and consolidate language related to recommendations for special projects, initiatives, or reports as requested by the Mayor and/or City Council. The ordinance documents provided for consideration are a repeal and replace of Ch 7 Article III, and amendments to Ch 295 Art I Trees & Art II Green Space.
- Cow 10.05.26
- A. Members shall be appointed by the Mayor, subject to the approval of the City Council.
- B. For the establishment of the Committee, members shall be appointed for length of terms as follows: three (3) members for one (1) year, two (2) members for two (2) years, and two (2) members for three (3) years. After the establishment of the Committee, members shall be appointed for terms not to exceed three years.
- C. All appointments for the purpose of filling vacancies shall be for the unexpired term. A vacancy shall occur when a member is removed from their position, voluntarily resigns from their position, or ceases to be a resident of the City.
- D. Members may be removed on complaint of the Mayor, sustained by a two-thirds vote of the City Council. Excessive absence from scheduled meetings may be considered cause for removal.
- E. Neither a municipal officer nor a member of the Planning Board may be a member of the Committee. § 7-19. Election of Officers. The Committee shall annually elect a chair and vice chair from among its members. Officers shall serve for a period of one year and until a successor is elected, and they may succeed themselves in office if so elected. § 7-20. Meetings. The Committee shall meet quarterly and as otherwise deemed necessary by the City
- A. 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.
- B. 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.
- C. Review and advise the Planning Board on Outdoor Spaces and/or Amenities proposed through residential subdivision applications, as required by § 335-13.3.H.
- D. Provide recommendations to the City Council regarding the expenditure of open space designated funds and funds received by the City pursuant to § 335-13.3H(1), 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.
- E. Perform the duties assigned in § 295 Article II, Green Space, concerning the classification of Green Space parcels.
- F. As requested by the Mayor and/or the City Council, provide recommendations on
Where this came from
Westbrook Agenda Center
The city's own agenda, 22 pages. The outline above is read from the first pages of that document; the packet behind it has the memos and exhibits. Links open in a new tab.
The city's own agenda, 22 pages. The outline above is read from the first pages of that document; the packet behind it has the memos and exhibits. Links open in a new tab.