[Adopted 12-7-1970; amended 12-21-1987; 5-21-2018 by Ord. No. 2018-69 (Ch. 23, Art. II,
of the 2007 Code)]
Under the authority of 30-A M.R.S.A. § 3261 there
is hereby created a Westbrook Recreation and Conservation Commission
which shall consist of seven members who must be citizens and residents
of the City.
A.
The seven members shall be appointed by the Mayor, subject to the
approval of the City Council. The initial members shall be appointed
for terms of one, two, three, four and five years. Thereafter all
subsequent appointments, except to fill vacancies, shall be for a
term of three years and until a successor is appointed and qualified.
B.
The Commission may recommend to the municipal officers that up to
three associate members be appointed to assist the Commission as the
Commission requires. Their terms of office shall be for an optional
one, two or three years. If a member is absent from a meeting, the
most senior associate member present may vote in that member's place.
An associate member may vote in place of only one absent member.
C.
All appointments for the purpose of filling vacancies shall be for
the unexpired term. A vacancy shall occur when a member ceases to
be a resident of the City.
D.
Members and associate members may be removed by City Council for
cause, after notice and hearing. Excessive absence from regularly
scheduled meetings shall be considered cause for removal.
E.
All members and associate members shall serve without compensation.
F.
Neither a municipal officer nor a member of the Planning Board may
be a member of the Commission.
The Commission shall annually elect a chair, vice chair, and
secretary from among its members. Other offices may be elected as
necessary. 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.
The Commission shall hold regular meetings and shall designate
the time and place thereof, and shall keep a record of all its proceedings.
Meetings shall be called at the discretion of the Chair or Vice Chair.
Four members of the Commission shall constitute a quorum. The Commission
shall keep records of its meetings and activities, submitting such
minutes to the Municipal Clerk for filing, and shall also make an
annual report to the municipality. The annual report must be written
and submitted to the Mayor and the City Council by August 31 of each
year, relative to the work of the Commission during the prior fiscal
year, and the Commission shall submit such other reports as may be
requested by the Mayor and/or the City Council from time to time.
A.
The Westbrook Recreation and Conservation Commission shall:
(1)
Plan, develop and conserve open areas.
(2)
Conduct research in conjunction with the Planning Board into the
land area throughout the City, which research may include the development
of land management plans.
(3)
Prepare and keep an index of all open areas, both publicly and privately
owned, within the City, including swamps and other wetlands, and waterways,
for the purpose of obtaining information pertinent to the proper utilization,
protection, development or use of such areas, and may recommend to
the City Council or any other municipal body, board or commission
or any public agency of the state a program for the better protection,
development or use of such areas, which may include the acquisition
of conservation easements of land for City or area recreational purposes.
Those duties found in 30-A M.R.S.A. § 3261(2)(D) apply.
As used in this subsection, "open areas" mean any space or area the
preservation or restriction of the use of which would maintain or
enhance the conservation of natural or scenic resources; protect natural
streams or water supplies; enhance the value to the public of abutting
or neighboring parks, school grounds, forests, wildlife preserves,
nature reservations or sanctuaries or other open areas or open spaces;
affect or enhance public recreation opportunities; preserve historic
sites; implement the plan of development adopted by the planning board
or commission of any municipality; and/or promote orderly urban or
suburban development.
(5)
Have such other powers and perform such other duties, in conjunction
with the Planning Board, as may be necessary for the proper administration
of the affairs of the Commission.
B.
The Westbrook Recreation and Conservation Commission shall have the
power to:
(1)
Call upon any other department of the 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 said Commission within the limits of its departmental
budget.
(2)
Conduct recreation activities on all City and school property in
cooperation with City departments and the School Department.
C.
The Westbrook Recreation and Conservation Commission may:
(1)
Acquire by purchase or gift land and/or conservation easements in
the name of the City for any of the purposes set forth in this section,
subject to the approval of the City Council. Furthermore, the Commission
may recommend to the City Council that a parcel or parcels of land
or easements therein be acquired by condemnation proceedings as authorized
by state law when, in the opinion of the Commission, such land or
easement should be acquired by the City for such conservation purposes
but cannot be purchased from the owners thereof at fair market value.
(2)
Seek to coordinate the activities of other conservation bodies organized
for similar purposes.
(3)
Serve in an advisory capacity to the City Arborist and applicable City departments concerning the effective management of forested lands and City planting programs and the development of a City street tree master plan as outlined in Chapter 295, Trees and Forest, of this Code.
(4)
Promote and encourage local environmental initiatives, such as education
and encouraging the public with respect to environmentally sensitive
lawn products, native landscaping, residential buffers to natural
resources, water conservation and similar measures.
(5)
Assist various City departments with open area land planning and
acquisition priorities.
(6)
Encourage trail planning and promote connectivity of a City-wide
trail system, with consideration of regional trails.
(7)
Initiate critical environmental studies and projects.
A.
The Commission may solicit and receive federal and/or state grants
of funds and private gifts or bequests to be used, principal or income,
for municipal and area recreational and/or conservation purposes,
and all such funds shall be deposited with the City Treasurer in a
special City recreation and conservation account to be appropriated
as recommended by the Commission and approved by the City Council.
B.
Funds received by the City in accordance with the provisions outlined in Chapter 335, Land Use, § 335-13.3H(1)(b), regarding fees in lieu of land, shall be deposited into a special recreation and conservation account to be appropriated as recommended by the Commission and approved by City Council.
