On the agenda: Westbrook meeting — Data Center (Oct 19)

WESTBROOK CITY COUNCIL
SPECIAL CITY COUNCIL MEETING AGENDA
MONDAY, OCTOBER 19, 2026 AT 6:00 PM
WESTBROOK HIGH SCHOOL (ROOM 114)
125 STROUDWATER ST.

MEETING INFORMATION
Remote Participation Option Available. This meeting will be offered as a hybrid meeting, accommodating both
in-person and remote attendance, in accordance with City Council's Remote Participation Policy. Visit
https://us02web.zoom.us/j/81700741385 to attend remotely.
Written Public Comment Submissions. In order to ensure inclusion of all written public comments into the
meeting record, any submissions must be received by the City Clerk's Office no later than 10am the morning of
each meeting.
Administration's Position Paper. See the attached document for an overview of the Administration's position
on the items listed on this agenda.

I.

LAND ACKNOWLEDGEMENT STATEMENT
The Westbrook City Council understands, honors, and acknowledges that the City of Westbrook is
located on the traditional and unceded homelands and waters of the Indigenous people of the
Presumpscot River. We recognize that the Wabanaki people have been displaced by the advancement
of colonization, yet have belonged to this land for countless generations and thousands of years, and
their presence continues in Maine to this day.

II.

ROLL CALL

III.

PLEDGE OF ALLEGIANCE

IV.

APPROVAL OF MINUTES

V.

MAYOR'S MESSAGE
Route 302 Corridor Study (Presented by Chris Chop, Transportation Director for Greater Portland
Council of Governments)

VI.

CITY COUNCIL MESSAGES

VII.

STUDENT REPRESENTATIVE UPDATE

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VIII.

PUBLIC COMMENT

IX.

UNFINISHED BUSINESS

X.

ORDERS OF THE DAY (SECOND AND FINAL READING)

XI.

Order 2026-109

Authorizing Award of Bid for Replacement Medium-Duty Pick-Up Truck for Fire
Department

Order 2026-110

Authorizing Acceptance of Federal Asset Forfeiture Funds

Order 2026-111

Authorizing Expenditure to Presumpscot Regional Land Trust for Mill Brook
Preserve Improvements

Order 2026-112

Authorizing Expenditure for Portland Trails Rock Row Connector Trail

Order 2026-113

Authorizing Task Order No. 11 with Credere Associates for Supplemental
Services Regarding Riverwalk North

Order 2026-114

Amending Several Orders Relating to the Landslide Vulnerability Assessment
Project & Amending Vendor List

NEW BUSINESS
Business Licenses
Resolves (One Reading Required)
Resolve 2026-18

Endorsing the City of Westbrook's Community Development Block Grant
(CDBG) Applications

Orders (One Reading Required)
Order 2026-115

Authorizing Memorandum of Understanding with Quaker Lane Associates, LLC
Regarding Improvements at Saccarappa Park

Order 2026-116

Amending the Westbrook Code of Ordinances Regarding the Recreation &
Conservation Commission

Order 2026-117

Approving Mass Gathering Permit & Road Closure for Halloween on Main
Street

Orders (Two Readings Required)
Order 2026-118

Authorizing Acceptance & Expenditure of Bureau of Highway Safety Grant
Funds

Order 2026-119

Authorizing a Drainage Easement at 41 Brown Street

Order 2026-120

Amending the Land Use Ordinance Regarding Data Centers

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XII.

PUBLIC COMMENT

XIII.

REFERRALS

XIV.

COMMITTEE REPORTS
Included below is the list of items previously referred to City Council Committees for review. These
items are included on the agenda for reference only, and to allow Committee Chairs to provide status
updates to the City Council.
Committee of the Whole
Board, Commission, Committee Ordinance
Code of Conduct & Job Descriptions for Elected Officials
Private Ways Ordinance
Facilities & Streets Committee
Establishment of Memorial Area
Policy on Establishing Memorial Areas
Friends of Warren Recreational Area Introductions & Updates
Haskell Street Traffic Calming
Housing & Economic Development Committee
Cannabis Dispensary Zoning Regulations

XV.

EXECUTIVE SESSION
Request to enter into Executive Session pursuant to 1 M.R.S.A. Section 405-6(E) for consultation with
the City Solicitor concerning the legal rights and duties of the City, inviting the following individuals to
attend: Mayor, City Administrator, Asst. City Administrator, City Clerk, Project Manager, and City
Solicitor.

XVI.

ADJOURNMENT

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To:
From:
Date:
Subject:

Honorable City Council
Angela Holmes, City Administrator
October 16, 2026
Position Paper for Special City Council Meeting on October 19, 2026

ORDERS OF THE DAY
2026-109
This is an award of bid for a 2027 Ford F-350 pickup truck for the Fire Department.
This vehicle replaces Unit 7, a medium-duty pickup truck that was removed from
service over two years ago due to mechanical issues. This vehicle will be used to haul
the various department trailers as well as the forestry equipment that is used during
forest fire season. The department received two bids for this replacement vehicle,
with Casco Bay Ford of Yarmouth, ME being the lowest bidder at $71,476. Funds for
this replacement vehicle were included in the FY 2026 Capital Improvement Plan.
This award of bid is supported by the Administration, received first reading on
October 5, 2026, and is in order for final Council action.
2026-110

This authorizes the acceptance of $5,433.05 in Federal Asset Forfeiture funds, in
connection with the Police Department’s assistance in a large-scale fentanyl &
methamphetamine dealer investigation. The investigation was led by the Westbrook
Police Department’s officer assigned to the FBI’s Safe Streets Task Force, and the
funds were ordered forfeited to Westbrook by the Court. The funds will be deposited
into the Police Department’s Federal Forfeiture revenue line. Any request to expend
these funds will be presented in the future for approval. Acceptance of these federal
forfeiture funds is supported by the Administration, received first reading on October
5, 2026, and is in order for final Council action.

2026-111

This authorizes a $50,000 expenditure in open space funds as recommended by the
Recreation & Conservation Commission to support the Presumpscot Regional Land
Trust’s improvements to Mill Brook Preserve to make the preserve more accessible,
and support signage upgrades. As outlined in the statement from PRLT in the
enclosed packet, growing public awareness of the alewife migration has significantly
increased visitation at Mill Brook Preserve, and improvements to the trail system are
necessary to accommodate the influx of visitors while preserving the health of the
preserve itself. Confirmation of this expenditure is supported by the Administration,
received first reading on October 5, 2026, and is in order for final Council action.

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2026-112

This authorizes a $10,000 expenditure in open space funds as recommended by the
Recreation & Conservation Commission to Portland Trails to assist in the creation of
the Rock Row easterly connector trail. The trail would provide a safe, direct off-road
connection between Portland and Westbrook as well as access to the Jewell Falls
and Stroudwater Trail network. Confirmation of this expenditure is supported by the
Administration, received first reading on October 5, 2026, and is in order for final
Council action.

2026-113

This authorizes the Mayor or designee to enter into Task Order No. 11 with Credere
Associates of Westbrook, ME at a cost not to exceed $40,970 for additional services
related to the Riverwalk North project. These additional services include
geotechnical modeling for the project design, developing estimated construction
costs, and additional analysis and reporting concerning shorelands and floodplains
to maintain regulatory compliance. As outlined in the enclosed memo from Project
Manager Robyn Saunders, Credere Associates serves as the City’s Qualified
Environmental Professional and project manager for the Riverwalk North project.
Funds for these additional services are available in the Riverwalk North project
budget.
The Administration requests a motion to amend this legislation, as follows: Motion to
amend Order 2026-113 in part to read, “. . . funded by a FY24 USEPA Brownfields
Cleanup Grant, and further amends the associated project vendor list, as outlined in
the attached exhibit.”
This amendment would incorporate several additional authorized vendors for
technical & professional services support and one additional vendor for landscaping
and sitework support. Project Manager Robyn Saunders will be available on Monday
night to answer any questions. This item is supported by the Administration, received
first reading on October 5, 2026, and, following amendment, is in order for final
Council action.

2026-114

This amends five (5) orders that previously authorized agreements relating to the
Landslide Vulnerability Assessment project, authorizing additional expenditures to
the identified vendors for work necessary to bring this project to completion by
September 2027. The amendments authorize the following expenditures:
(1) $22,000 to the University of Maine College of Engineering at Orono for
landslide and geotechnical engineering work,
(2) $27,960 to Credere Associates of Westbrook, ME for federal grant
administration and contractor management services,
(3) $60,999 to Camoin Associates of Richmond, VA for policy development and
economic impact assessment,

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(4) $37,175 to Soil Metrics, LLC of Cape Elizabeth, ME for geotechnical
subsurface investigation, and
(5) An additional $5,000 stipend to Soil Metrics, LLC of Cape Elizabeth, ME and
a $10,000 stipend to Apex Companies, LLC of Falmouth, ME, for participation
on the Technical Advisory Panel providing peer review services.
These amendments are more fully outlined in the enclosed memo from Project
Manager Robyn Saunders. Funds for the Landslide Vulnerability Assessment project
are available through the $986,500 in Congressional Directed Spending (CDS)
secured in cooperation with Senators Angus King and Susan Collins, along with the
$120,000 in matching funds from MaineDOT’s Infrastructure Adaptation Fund. These
amendments are supported by the Administration, received first reading on October
5, 2026, and is in order for final Council action.
NEW BUSINESS
Business Licenses
None
Resolves (One Reading Required)
2026-18
This endorses the City of Westbrook’s submission of two (2) Community
Development Block Grant (CDBG) applications to Cumberland County for program
year 2027. The City is allowed to submit up to two applications each year for
Westbrook-based projects, one Public Service Application and one General
Application, and is allowed to co-sign an unlimited number of multi-jurisdictional
applications in collaboration with other Maine municipalities for regional projects.
While there are no multi-jurisdictional projects slated for submission this year, there
are two Westbrook applications slated for City Council endorsement. The Public
Service Application is submitted on behalf of the Intercultural Community Center,
located at 36 Patrick Drive, for a $70,000 grant to support the Power School Family
Stability Initiative, serving approximately 110 low-income residents including youth
in Grades 5-8 and adults. As the host municipality for ICC, the CDBG application
must be submitted and endorsed by the City of Westbrook. The General Application
is submitted by the City of Westbrook for proposed Brown Street Enhancements and
ADA Accessibility Improvements. This submission requests $150,000 to be applied
toward a proposed $350,000 project which would update construction documents
for the renovation of Brown Street, including enhanced sidewalks, improved ADAcompliant pedestrian crossings, traffic calming measures, and lighting
improvements. The City plans to phase the renovation of Brown Street with or directly
following the construction of the Riverwalk North trail project, which connects to
Brown Street. This endorsement is supported by the Administration, and is in order
for final Council action.

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Orders (One Reading Required)
2026-115
This Order authorizes the City to enter into a Memorandum of Understanding (MOU)
with Quaker Lane Associates, LLC to establish roles and responsibilities for site
improvements at the City-owned Saccarappa Park and the adjacent parcel at 7
Kidder Lane, owned by Quaker Lane Associates. Quaker Lane Associates has begun
construction on their mixed-use development project that will include 110 marketrate apartments and 5,000 square feet of commercial use. Quaker Lane has
previously obtained utility and construction easements from the City which will allow
them to install utilities along the western side of Saccarappa Park to service their
project. This MOU specifically addresses roles and responsibilities concerning (1)
the clearing and preparation of the easement area for utility installation, (2) the
extension of the boardwalk between Saccarappa Park and 7 Kidder Lane, and (3)
assigning responsibility to Quaker Lane for the installation of a new fence along the
fish ladder. This MOU has been reviewed by the City Solicitor, is recommended by
the City Administration, and is in order for final Council action.
2026-116

This is a request to approve the repeal and replacement of the ordinance language
relating to the Recreation and Conservation Commission, and other sections of the
Code that reference the duties of the body. Westbrook City Council's Committee of
the Whole has met in recent months to review the staff findings from a
comprehensive review of ordinance language for all municipal boards, commissions,
and committees (BCCs). Most recently, City Council adopted Order 2026-104 which
enacted ordinance amendments relating to the Board of Assessment Review, Board
of Trustees of the Woodlawn Cemetery, Fair Hearing Authority, Library Advisory
Committee, Planning Board, Zoning Board of Appeals, and the Village Review Overlay
Zone Committee. During this process, staff evaluated current ordinance language for
consistency and accuracy in the following areas: Purpose, Membership, Duties,
Scope of Authority, and Clerical Corrections. The current item slated for Council
consideration includes the ordinance amendments relating to the Recreation &
Conservation Commission, as reviewed by the Committee of the Whole on October
5, 2026. During the Committee of the Whole meeting, several amendments were
proposed and approved, all supported by the Administration. As outlined in the
enclosed materials, these amendments include a repeal and replacement of
Chapter 7, Article III, Recreation and Conservation Commission, replacing the
language with Article III, Recreation and Sustainability Committee, along with
amendments to other sections of the Code relating to the duties of the advisory body.
This ordinance amendment is supported by the Administration and is in order for first
and final reading.

2026-117

This authorizes a Mass Gathering Permit (Major) and street closure for the Westbrook
Together Halloween on Main Street event, to be located on Main Street from Spring
Street to Bridge Street. The event is scheduled for Friday, October 30, 2026 from

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4:15pm – 6pm (Main Street to be closed from 4pm – 6pm). Sections 157-12 and 15713 of the Westbrook Code of Ordinances require City Council review and approval for
any Mass Gathering Permit where the anticipated attendance is more than 1,000 at
any time. The proposed event has been reviewed internally by the Event Permit
Committee, composed of representatives from Police, Fire, Planning, Code, and the
City Clerk’s Office, and has been recommended for approval. This item is supported
by the Administration and is in order for final Council action.
Orders (Two Readings Required)
2026-118
This authorizes the acceptance and expenditure of a 2027 High Visibility
Enforcement grant from the Maine Bureau of Highway Safety for several traffic safety
initiatives, as follows: (1) $4,759.60 for Drug Recognition Expert and Forensic
Phlebotomist training and callouts, (2) $6,234 for NHTSA impaired driving campaigns
with Drive Sober Maine and the Regional Impaired Driving Enforcement (RIDE) team,
(3) $12,468 for speed and aggressive driving enforcement, (4) $10,390 for
pedestrian/motor vehicle traffic enforcement, and (5) $6,500 for Crash
Reconstructionist training. The acceptance and expenditure of these grant funds are
supported by the Administration and are in order for first reading.
2026-119

This authorizes the City to enter into an easement agreement with the Portland Water
District (PWD) to allow the City access to and across PWD property located at 41
Brown Street to complete the replacement of a failing box culvert. The culvert goes
from the PWD property across Brown Street and into the Presumpscot River, and this
easement will accommodate the installation and future maintenance of the new
culvert. This easement is supported by the Administration and is in order for first
reading.

2026-120

This amends the Land Use Ordinance Section 335-1.8, Definitions, Section 3352.9.1, Data Centers (new), and Section 335-6.12.B, Contract Zone 12, Rock Row
Contract Zone Permitted Uses, relating to Data Centers. The City Council adopted
Order 2026-66 on June 1, 2026, Adopting a Data Center Moratorium Ordinance. This
action established a 180-day moratorium on new data center projects while referring
this item to the Planning Board to study and review existing ordinance language and
to provide a recommendation on whether any enhanced or limited standards should
be incorporated into the Land Use Ordinance. The Planning Board held a workshop
on September 1, 2026 and a Public Hearing on October 6, 2026, after which they
unanimously approved a recommendation to the City Council to amend the Land
Use Ordinance to (1) update the definition of Data Centers, (2) establish a new
section stating that Data Centers may only be permitted as an Accessory Use, and
(3) eliminating Data Centers as a permitted use within the Rock Row Contract Zone,
which is the only place that Data Centers are currently permitted within the Land Use
Ordinance. Director of Planning & Code Enforcement Rebecca Spitella will be
present on Monday evening to answer any questions. This item will also require a

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PUBLIC HEARING during second & final reading. This Land Use Ordinance
amendment is supported by the Administration and is in order for first reading.
EXECUTIVE SESSION
This is a request to enter into Executive Session pursuant to 1 M.R.S.A. Section 405-6(E) for
consultation with the City Solicitor concerning the legal rights and duties of the City, inviting the
following individuals to attend: Mayor, City Administrator, Assistant City Administrator, City Clerk,
Project Manager, and City Solicitor.

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CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

Date: October 19, 2026
Order: 2026-109
Authorizing Award of Bid for Replacement Medium-Duty Pick-Up Truck for Fire
Department
That the Westbrook City Council hereby authorizes an award of bid to Casco Bay Ford, of
Yarmouth, ME for a 2027 Ford F-350 in the amount of $71,476, as outlined in the attached
exhibit.
Funds are available in budget line 40001000-58900-C2605 (Unit 7 Medium Duty Pickup Truck)
First Reading: October 5, 2026
Second & Final Reading: October 19, 2026

Attest:

______________________________________
City Clerk

______________________________________
Mayor

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CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

REQUEST FOR COUNCIL ACTION
PROPOSED TITLE: Authorizing Award of Bid for Replacement Medium-Duty Pick-Up Truck
for Fire Department
REQUESTED BY:

Steve Sloan

DATE:

10/19/2026

SUMMARY:
This request is an award of bid for the purchase of a 2027 Ford F-350 pickup truck for the Fire
Department. The Department has been without a medium-duty truck for over two years as the
last one (Unit 7) had to be removed from service due to mechanical issues. Funds for a
replacement vehicle were included in the FY 2026 Capital Improvement Plan.
This vehicle will be used to haul the various department trailers as well as the forestry
equipment that is used during forest fire season. The department conducted an RFP process
with two bidders responding. Casco Bay Ford, of Yarmouth, ME was the lowest bidder and met
all the specifications that we required, at a cost of $71,476.

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BID OPENING MINUTES
Fire &
Rescue F-350 Service truck
Westbrook City Hall, 2 York Street
Friday, August 7, 2026, at 10:00 am
Call to Order. Called to order at 9:03 AM by Deputy City Clerk Christine Johnson
Attendance: Christine Johnson (Deputy City Clerk), Stephen Sloan (Fire Chief & Health Officer)
Advertisement. Ms. Johnson noted for the record that notice of this bid opening in the Portland Press
Herald on July 25, 2026. The Bid was published on the City of Westbrook’s website beginning on July 24,
2026.
Bid Opening. Included below is an outline of two (2) bids received by the submission deadline. Bid
tabulations are attached.
Company Name:
Yankee Ford
Date/Time Received: August 4, 2026, at 10:50AM
Company Name:
Casco Bay Ford
Date/Time Received: August 6, 2026, at 10:14AM
Bid Referral. Full bid packages were forwarded to Chief Sloan for review.
Adjournment. Adjourned at 9:49 AM

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Bid Tabulation
Fire & Rescue F-350 Service Truck
Friday, August 7, 2026
Bidding Company

Bid

Yanke Ford
Casco Bay Ford

$74,660
$71,476

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CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

Date: October 19, 2026
Order: 2026-110
Authorizing Acceptance of Federal Asset Forfeiture Funds
That the Westbrook City Council hereby authorizes the acceptance of Federal Asset Forfeiture
funds in the total amount of $5,433.05, as outlined in the attached exhibit.
Funds to be credited to 21002110-49000-02115 (Police Federal Forfeiture - Revenue)
First Reading: October 5, 2026
Second & Final Reading: October 19, 2026

Attest:

______________________________________
City Clerk

______________________________________
Mayor

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CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

REQUEST FOR COUNCIL ACTION
PROPOSED TITLE: Authorizing Acceptance of Federal Asset Forfeiture Funds
REQUESTED BY:

Steve Goldberg

DATE:

10/19/2026

SUMMARY:
The Westbrook Police Department has been awarded $5,433.05 in Federal Asset Forfeiture
funds. These funds came from evidence and assets seized during the department's task force
officer's role in an investigation into a large-scale fentanyl and methamphetamine drug
trafficking operation in the region. Funds will be deposited into the Police

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Steve Goldberg
From:
Sent:
Subject:

Asset Forfeiture Programs - eNotes Messaging Service <[email protected]>
Wednesday, September 23, 2026 1:42 PM
Shr pmt for $5,433.05 to City Of Westbrook Police Department has been paid. (ES010)

AFP wishes to alert you that CATS changes identified in the subject line have been made to the Asset
data on 09/23/2026 at 1:38 PM.
Asset ID: 25-FBI-005250 Case No:
Changed By: USMS
If you have any questions and/or concerns regarding this email, please contact the CATS Customer
Service Center at 202-616-2287 or [email protected].
*** This is an external email ***

1

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CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

Date: October 19, 2026
Order: 2026-111
Authorizing Expenditure to Presumpscot Regional Land Trust for Mill Brook Preserve
Improvements
That the Westbrook City Council hereby authorizes the expenditure of $50,000 to the
Presumpscot Regional Land Trust for improvements to Mill Brook Preserve, as recommended
by the Recreation & Conservation Commission and outlined in the attached exhibit.
Funds available in the following budget lines:
28001820-59000-02845 – Open Space – Brooks Edge Farm: $29,325.00
28001820-59000-02848 – Open Space – Deer Hill: $20,675.00
First Reading: October 5, 2026
Second & Final Reading: October 19, 2026

Attest:

______________________________________
City Clerk

______________________________________
Mayor

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CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

REQUEST FOR COUNCIL ACTION
PROPOSED TITLE: Authorizing Expenditure to Presumpscot Regional Land Trust for Mill
Brook Preserve Improvements
REQUESTED BY:

Rebecca Spitella

DATE:

10/19/2026

SUMMARY:
Background:
The Mill Brook Preserve is an important and natural recreational resource for the City of
Westbrook. The increased national attention on the alewife migration has significantly expanded
public awareness and visitation, resulting in greater demands on the existing infrastructure.
Improvements are needed to make the Preserve more accessible, especially along the rocky,
hilly trails leading to the fish viewing pools. Currently there are barriers for people using mobility
devices or strollers. Funding will also support trail upgrades, signage, education improvements
that would expand access to visitors of diverse ages, languages and physical abilities, while still
helping protect the natural habitat and safely accommodate the growing public use.
Funding Request
At their September 17, 2026, meeting, the Recreation and Conservation Commission
unanimously recommended the use of $50,000 of open space funds to be provided to the
Presumpscot Regional Land Trust to support the improvements to the Mill Brook Preserve.
Budget Lines Affected:
28001820-59000-02845 – Open Space – Brooks Edge Farm $29,325.00
28001820-59000-02848 – Open Space – Deer Hill $20,675.00

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Westbrook Recreation and Conservation Commission Request for Funding
Additional Materials
Mill Brook Preserve – September 2026

Full project description/narrative
Growing public awareness of the alewife migration has significantly increased visitation at Mill Brook
Preserve. In 2024, National Geographic featured the migration in a cover story about the impact of rising
temperatures in the Gulf of Maine on the wider ecosystem. In 2025, PRLT premiered a short film
documenting an educational walk co-lead by PRLT with Gulf of Maine Research Institute scientists. Our
trail counter data reports that 2026 visitation has already surpassed the number of visits for the full year
of 2025. This use is beyond the scope of what the original trail system from 2016, even with updates
made in 2018, was designed to handle.
The goal of these proposed updates is to protect the ecological integrity of the site while
accommodating high visitation and increasing public investment (emotional and financial) in
conservation. The project as a whole protects a climate-sensitive freshwater corridor while
accommodating growing public use. By strengthening accessible, place-based education, the project will
also build community awareness and engagement.
Project elements will include:
● clarifying wayfinding and navigational signage
● updating trailhead panels and making information available in five languages (Arabic, English,
French, Portuguese, and Spanish)
● creating a viewing platform at the southern viewing pool
● adding educational signage about the alewife migration to the viewing pools
● installing a livestream and/or motion-activated trail camera at the southern pool for educational
and wildlife monitoring purposes
● Installing a Chronolog time-lapse photo station at the southern viewing pool
● building boardwalk through the swampy power line trail connector
● installing railings (to replace rope cordons) at viewing pools to prevent erosion and increase
visitor safety
● repairing, widening decking, and installing railings on bridges
● adding benches throughout the trail network
These activities will support higher visitation rates, better recreational usage, and deeper understanding
of the alewife migration and its broader ecological impact.

PRLT

1
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Site Map

PRLT

2
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Project Budget
Expenses
Item

Amount

Category

Educational/interpretive signage

$5,000.00 Supplies and Materials

New trailhead panels with text translations in multiple languages

$1,500.00 Supplies and Materials

Railings at southern viewing pool

$3,000.00 Supplies and Materials

Viewing platform at southern viewing pool

$6,500.00 Supplies and Materials

Upgrades to bridges - decking, railings

$10,000.00 Supplies and Materials

Boardwalk at powerline crossing

$500.00 Supplies and Materials

Chronolog time lapse installation - materials + two years of
service

$900.00 Supplies and Materials

Migration camera/livestream

$14,000.00 Supplies and Materials

Marketing and outreach campaign to promote completed
improvements

$5,000.00 Marketing Materials

Environmental Steward - bench-cutting/trail tread grading

$10,000.00 Labor

Trailbuilding contractor - trailhead panels, railings, viewing
platform

$37,000.00 Labor

Salary allocation to project time - Director of Lands and Water

$10,000.00 Labor

Salary allocation to project time - Director of Development and
Marketing

$10,000.00 Labor

PERCH Design Firm - design of trailhead panels, educational
signage

$10,000.00 Other

Translation services

$500.00 Other

Contingency (% of salary + contractual + supplies) of 10%

$12,260.00 Other
Total

PRLT

$136,160.00

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Funding - Secured
Source

Amount

Notes

PRLT Stewardship Funds

$20,000 Allocated in 2026-27 budget

Timothy Clement Memorial Fund

$2,222

Grant - Maine Outdoor Heritage Fund

$9,000
Total

$31,222

Funding - Requested, Decisions Pending
Grant - Two for the Trails

$28,000 Notification in December

Grant - Libra Foundation

$5,000 Notification in October

Grant - Fisher Foundation

$2,500 Notification in October

Grant - Seth Sprague Educational & Charitable Foundation

$25,000 Notification in December

Grant - Westbrook Recreation and Conservation Commission

$50,000
Total

$110,500.00

Project Timeline
Our priority for the 2027 field season will be to bring this preserve up to the standard of our newer
properties with similar usage rates. We will improve public access by making updates to trail
infrastructure, signage, and educational materials that support usage by people of a diversity of ages,
languages, and physical abilities.
Initial mapping work is already taking place; planning work will take place winter 2026-27; installation
will take place starting spring 2027, with priority given to completing project elements that directly
support the alewife migration (mid-May through early-June). Remaining projects will be implemented by
the end of the field season. Detailed timeline:
● Currently underway — refining maps, installing updated navigational signage (supported by
grant from Maine Outdoor Heritage Fund)
● November 2026 to February 2027 — assemble and review educational content, work with
designers to create educational and kiosk materials, research trail cameras, develop workplan
for infrastructure updates, hire contractors
● March to April 2027 (as soon as the ground thaws) — install signage and trail camera and
Chronolog, install railings and build platform at viewing pool
● Late-April to Early-May 2027 — unveiling event for improvements at viewing pools, PR campaign
ahead of migration

PRLT

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●
●

Mid-May to early-June 2027 (migration timeframe) — host community outreach events and
educational walks
June to September 2027 — finish remaining infrastructure updates, monitor usage, process
community feedback, adjust installation locations and directional signage as necessary

Project Readiness
PRLT already owns Mill Brook Preserve in fee. Completing the updates outlined here will be our primary
focus for the 2027 field season, and staff and volunteer time will be allocated accordingly.
Two recent projects at other high-visitation preserves, and the ensuing community response, are
helping inform our approach:
1) Rivermeadow - in 2025 built 1.5 mile improved accessibility trail system near densely populated
and diverse downtown, with kiosk resources available in multiple languages
2) East Windham - in 2026 in partnership with the Town installed an ADA trail, added three tech
trails, and updated maps; are currently working with the Town and a steering committee to
develop a master plan for future updates and management
This field season, we are completing a trail building project in Gorham at the Gorham Community Forest
with Chris Cyr of Sanctuary Trailworks. We have been very satisfied with his work thus far, which has
included the construction of over a mile of new trail that will be accessible to most via compacted dirt
and boardwalks, and would anticipate contracting him for this project as well.

PRLT

5
Page 28 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

Date: October 19, 2026
Order: 2026-112
Authorizing Expenditure for Portland Trails Rock Row Connector Trail
That the Westbrook City Council hereby authorizes a Recreation and Conservation expenditure
in the amount of $10,000 to be allocated to Portland Trails toward the Rock Row easterly
connector trail.
Funds available in the following budget lines:
28001820-59000-02841 – Open Space – 22 Cumberland St $2,590.75
28001820-59000-02842 – Open Space – 891 Bridgton Rd $2,011.00
28001820-59000-02843 – Open Space – 185 Park Rd $5,398.25
First Reading: October 5, 2026
Second & Final Reading: October 19, 2026

Attest:

______________________________________
City Clerk

______________________________________
Mayor

Page 29 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

REQUEST FOR COUNCIL ACTION
PROPOSED TITLE: Authorizing Expenditure for Portland Trails Rock Row Connector Trail
REQUESTED BY:

Rebecca Spitella

DATE:

10/19/2026

SUMMARY:
Background:
Portland Trails is partnering with the Maine Turnpike Authority and Waterstone (Rock Row) to
create a public bicycle and pedestrian connection between the Rock Row campus southerly to
Rand Road. The trail would provide a safe, direct off-road connection between Portland and
Westbrook as well as access to the Jewell Falls and Stroudwater Trail network. The MTA has
provided an approximate $20,000 contribution through the installation of a security fence along
the trail. Portland Trails is requesting $10,000 for trail construction to create ongoing public trail
access and welcoming pedestrian connection between Portland and Westbrook.
Funding Request
At their September 17, 2026, meeting, the Recreation and Conservation Commission voted
unanimously to approve the use of $10,000 of open space funds to be provided to Portland
Trails to support construction of a pedestrian and bicycle trail linking the Rock Row campus with
the Portland Trails network.
Budget Lines Affected:
28001820-59000-02841 – Open Space – 22 Cumberland St $2,590.75
28001820-59000-02842 – Open Space – 891 Bridgton Rd $2,011.00
28001820-59000-02843 – Open Space – 185 Park Rd $5,398.25

Page 30 of 114

September 9, 2026

To:
Westbrook Recreation & Conservation Commission
From:
Jaime Parker, Special Projects Director, Portland Trails
Re:
Rock Row Connector Trail funding request for $10,000.00

Dear Chair Brunner and members of the Westbrook Recreation and Conservation Commission;
Portland Trails, (a 501(c)3 non-profit organization), is partnering with Maine Turnpike Authority and
Rock Row (owned by Waterstone Properties Group, Inc.) to establish a bicycle and pedestrian trail
linking the Rock Row campus with the Portland Trails network east of the Turnpike mainline. This trail
will be open to the public for non-motorized uses. In addition to serving visitors to Rock Row, this link is
a critical piece of our shared vision of a safe and welcoming connection between Portland and
Westbrook. Portland Trails is working with the City of Portland and Maine DOT to design and permit a
crossing of Rand Road to connect to the trail network on Rowe Avenue, with Jewell Falls as an
endpoint.
This off-road connection under the turnpike will allow people to avoid Main Street and Brighton Avenue,
which lack adequate facilities and present a substantial barrier for active transportation along the
corridor. The proposed trail will provide a safe, pleasant and direct connection between the two
municipalities, as well as access to Jewell Falls and the Stroudwater Trail network, one of Portland
Trails’ most popular destinations.
An additional section of trail following Nason’s Brook is already in place on the Rock Row Campus near
the medical office building. Portland Trails is proposing to build a 16-foot wooden footbridge over the
brook to link the two sides of the trail, which will eventually extend to connect to the Rock Row
Connector.
The MTA has provided approximately $20,000 in “matching funds” in the form of a chain-link security
fence along the trail as it passes under the highway. Portland Trails is requesting funding from the
Westbrook Recreation and Conservation Commission, in the amount of $10,000, for trail construction to
create ongoing public access to the Rock Row Connector Trail and Nason’s Brook Trail as shown in the
sketch below.
Respectfully,
Jaime Parker
Special Projects Director
Portland Trails

Page 31 of 114

Trail specifications and route:

The WRC-funding will be used to establish an 8-foot wide gravel pathway and two short bridges from
the Rock Row Beer garden to east side of the Rt.95 underpass, as shown in RED above. From there
the trail will be a mown path through a field condition to reach the access drive connecting to Rand
Road. The project will include installation of posts and wayfinding signs as well as small kiosks, maps
and benches along the route. A smaller portion of the funding will be used to build the approaches and
a wooden footbridge along the Nason’s Brook Loop Trail; shown lower left.
The project is essentially shovel-ready, pending MTA’s fence installation. Portland Trails hopes to
rough-out the trail in time for a bicycle event in October 2026, and complete trail work to Rand Road in
the spring of 2027.
Materials Budget:
• ¾” gravel – 50 yards @ $40/yard delivered
• Eastern White Cedar lumber for bridges, signposts and benches
• Machine rental (Skid-steer loader and roller-compactor)

$2000
$1950
$1250

Labor Budget:
• 48 hours @ $100/hr.

$4800
TOTAL = $10,000

Page 32 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

Date: October 19, 2026
Order: 2026-113
Authorizing Task Order No. 11 with Credere Associates for Supplemental Services
Regarding Riverwalk North
That the Westbrook City Council hereby authorizes the Mayor or designee to enter into Task
Order No. 11 with Credere Associates of Westbrook, Maine in an amount not to exceed $40,970
to provide supplemental services related to the Riverwalk North Project funded by a FY24
USEPA Brownfields Cleanup Grant, as outlined in the attached exhibit.
Funds available in budget line: 22001000-58900-G2402 (Riverwalk North - Miscellaneous
Expenditures)
First Reading: October 5, 2026
Second & Final Reading: October 19, 2026

Attest:

______________________________________
City Clerk

______________________________________
Mayor

Page 33 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

REQUEST FOR COUNCIL ACTION
PROPOSED TITLE: Authorizing Task Order No. 11 with Credere Associates for Supplemental
Services Regarding Riverwalk North
REQUESTED BY:

ROBYN SAUNDERS

DATE:

10/19/2026

SUMMARY:
Overview
This is a request to authorize Task Order No. 11 with Credere Associates for supplemental
services related to the Riverwalk North project, including design and geotechnical modeling,
develop construction cost estimates, and to conduct work required for regulatory compliance
pertaining to shorelands and floodplains.
History
As part of Council Order 2024-75, the City of Westbrook received a $4 million award from
USEPA to clean up industrial legacy pollutants from the parcels where Riverwalk North is
proposed to be constructed along the northern side of the Presumpscot River. With Credere
Associates as the City’s Qualified Environmental Professional, the project has progressed with
the help of City Council’s authorization of the following:
• Council Order 2025-22 - Archaeological Survey completed in 2025 resulted in no
significant findings, which allowed the project to advance immediately without additional
archaeological investigation.
• Council Order 2025-68 - Conceptual Design Services, which included community
outreach, brownfields documentation, and preliminary investigations to assess feasibility
• Council Order 2025-138 – Wetland + Invasive Species Survey to delineate
environmentally sensitive areas to be considered and properly permitted
• Council Order 2026-06 – Topographic Survey to supplement data from the 2015 survey
conducted as part of the preliminary design, which was not permitted
• Council Order 2026-35 – Permitting Assistance & Preliminary Design Services, which is
the current phase of work that included:
o An interagency meeting held on July 24, 2026 with all regulatory agencies to
consult on all applicable and competing regulatory requirements.
o An individual Natural Resource Protection Act (NRPA) permit is the primary
regulatory standard for the project, which may take over 150 days for Maine DEP
to process, review, and approve.
o Planning Board approval is anticipated in early 2027.

The services associated with this Task Order will allow the project team (led by Credere) to:
Page 34 of 114

1. Continue to advance and refine the Riverwalk North design utilizing 3D geotechnical
modeling (by S.W. Cole) to evaluate the existing riverbanks and their complex geometry
& geology;
2. Estimate construction costs (by PCM of Portland, Maine) by the end of 2026; and
3. Satisfy natural resource regulatory requirements (in collaboration with Acorn
Engineering) by mailing notifications to abutters, identifying hazard trees within the
shoreland zone, analyzing floodplain impacts.
UPDATE FOR OCTOBER 19, 2026
The Administration requests a motion to amend Order 2026-113 in part to read, ". . .funded by a
FY24 USEPA Brownfields Cleanup Grant, and further amends the associated project vendor
list, as outlined in the attached exhibit."

Page 35 of 114

CONTRACT
DATED:
GRANT NO.:
PHASE NAME:
SITE NAME &
LOCATION:

January 7, 2025
4B00A01199-0
Phase 2 Permitting – Additional
Design Support
Riverwalk North,
Westbrook, Maine

Task Order No. 11
Scope of Services, Budget and Time Schedule
A. SCOPE OF SERVICES
The Riverwalk North project aims to revitalize an underused area along the Presumpscot River in
downtown Westbrook by creating a usable, public riverwalk that integrates the north side of the
river with downtown areas on the opposite side. The project will offer recreational and educational
opportunities with a focus on the river and cultural elements. Key challenges encountered during
the design process primarily include balancing permitting requirements, public concerns, and
physical Site constraints. The following task order outlines additional geotechnical, hydraulic,
hazardous tree, cost estimating, and reproduction services that are required to support the
permitting and design portion of the project.
TASK 4-4: 3D GEOTECHNICAL ANALYSIS
Credere (with SW Cole) will perform 3D global slope stability assessment of the riverbank
considering existing exploration data and topographic survey. The purpose of this task is to
evaluate the existing riverbank in three dimensions to account for irregular and complex curves of
the existing slope and to incorporate 3D end effects. If adequate safety factors are not achieved
through this task, we would likely recommend proceeding with further work, which is not
proposed at this time.
TASK 6-3: REPRODUCTION AND MAILING
Credere will provide reproduction and mailing as necessary to support the public meeting as well
as support the reproduction required for permitting submittal.
TASK 6-4: FLOODWAY IMPACT ANALYSIS & MEMO
Credere (with Acorn) will perform a desktop review of available FEMA mapping, LiDAR data,
and the proposed trail alignment to evaluate the extent of potential floodway encroachment. This
assessment would focus on estimating the volume of fill proposed within the floodway, the
associated reduction in floodway conveyance capacity, and identifying opportunities to avoid or
minimize impacts through design refinements. Based on the findings, Acorn would prepare a
concise technical memorandum to support discussions with the Code Enforcement Officer (CEO)
and submission of a Flood Hazard Development permit application. Depending on the identified
impacts, the CEO may determine that the encroachment is sufficiently minor and that no additional
hydraulic analysis is warranted.

1

Page 36 of 114

Brownfields QEP Task Order 11 – Riverwalk North Additional Design Support
TASK 6-5: HAZARDOUS TREE ANALYSIS
Credere (with Dirigo Tree Services) will conduct a comprehensive assessment of the proposed
Riverwalk alignment in Westbrook, situated along the Presumpscot River, to identify any
hazardous trees that may pose a risk to the new construction. The assessment will focus on trees
within a 100-foot setback from the edge of the Riverwalk. The site has been divided into nine
sections, encompassing an estimated total land area of approximately 3 acres. All identified trees
will be physically marked and documented in an Excel spreadsheet for effective cataloging
purposes.
We will conduct a walk of the alignment, during which we will physically identify and mark
hazardous trees. Each tree will be assigned a unique identification number, and relevant
information will be compiled into an Excel spreadsheet. The data collected will include:
- Location (GPS Coordinate)
- Tree ID #
- Species
- Diameter at Breast Height (DBH)
- Risk Rating (to evaluate trees with a potential ongoing increase in risk)
TASK 6-6: DETAILED COST ESTIMATING
Credere (with PCM Company) will conduct a detailed project cost estimate with a summary by
trade based on the final permitting design documents. Cost estimates will also be broken down by
Brownfields eligible and ineligible work.
B.

TIME SCHEDULE

Credere’s team is committed to meeting all project milestones and site cleanup tasks developed
within the cooperative agreement period. Credere’s assumptions of the general project
phasing/schedule are shown below:
Task 4-4 – 3D Geotechnical Analysis
Task 6-3 – Reproduction and Mailing
Task 6-4 – Floodway Impact Analysis & Memo
Task 6-5 – Hazardous Tree Analysis
Task 6-6 – Detailed Cost Estimating
C.

November 30, 2026
Ongoing
October 15, 2026
November 30, 2026
November 30, 2026

BUDGET

All work will be completed on a Time and Materials basis in accordance with the terms of our
Master Services Agreement with the City. Invoices will be submitted on a monthly basis based
on work completed in that period. A breakdown of costs by Firm is attached.

2

Page 37 of 114

Brownfields QEP Task Order 11 – Riverwalk North Additional Design Support
Task 4-4: 3D Geotechnical Analysis
Task 4-4 – Credere Labor ................................................................................$1,500
Task 4-4 – SW Cole ........................................................................................$25,300
Task 6-3: Reproduction and Mailing ...........................................................................$1,500
Task 6-4: Floodway Impact Analysis & Memo
Task 6-4 – Credere Labor ................................................................................$ 500
Task 6-4 – Acorn Engineering ........................................................................$2,750
Task 6-5: Hazardous Tree Analysis
Task 6-5 – Credere Labor ................................................................................$1,000
Task 6-5 – Dirigo Tree Services......................................................................$2,640
Task 6-6: Detailed Cost Estimating
Task 6-6 – Credere Labor ................................................................................$ 500
Task 6-6 – PCM Company ..............................................................................$5,280
Total Budget $40,970
Previous Approved Contract Amount = $411,429
Task Order 11 = $40,970
Current Contract Amount = $452,399
IN WITNESS WHEREOF, CITY OF WESTBROOK and CREDERE ASSOCIATES, LLC
have caused this Task Order No.11 to be duly executed:
CITY OF WESTBROOK:

CREDERE ASSOCIATES, LLC:

By: ________________________________

By: ________________________________

NAME: ANGELA HOLMES

NAME: RIP PATTEN

Title: City Administrator

Title: Vice President

Date:

________________________________

3

Page 38 of 114

TO:

Honorable City Council

FROM:

Robyn Saunders, Project Manager

CC:

Ellis Ledoux, City Clerk
Angela Holmes, City Administrator
Jenn Pratt, AP Specialist

DATE:

October 13, 2026 (original date: September 26, 2023)

RE:

Riverwalk North (Land acquisition, Due Diligence, Design + Construction Documents)
Vendor List for Account Number 22001000 58900 G2402 RWN Misc Expenditure

The vendor list for the proposed Riverwalk North project includes the following vendors to provide services and/or
materials in support of the due diligence, permitting, and engineering design/preparation of construction
documents. Additions to the vendor list are included in red font.
TECHNICAL + PROFESSIONAL SERVICES (legal, surveying, environmental + specialty services, etc.)
Gorrill Palmer
Haley Aldrich
Credere Associates
Acorn Engineering
St. Germain
R.W. Eaton Associates
Wright Pierce
Owen Haskell Inc.
R.W. Gillespie
Paquin + Carroll
S.W. Cole
Jensen Baird Gardner + Henry
Haley Ward
Verrill Dana
GZA GeoEnvironmental
Preti Flaherty
Thornton Tomasetti
Pierce Atwood
Code Red
7Cs Consulting Services
Wright Ryan Construction
Basswood Environmental
Regina S. Leonard | Landscape Architect
Sebago Technics
Environmental Projects Inc. (EPI)
Clean Harbors
WSP
Solid Earth
Geostabilization International
Apex LLC
EARTHWORK + PAVING (vendors from FY22 Public Services Capital Paving Vendor List)
Shaw Brothers
Ferguson Waterworks
Les Wilson + Sons
Dirigo Slipform
Dearborn Brothers Construction
Burns Fencing
Shaw Earthworks
HD Waterworks
Dayton Paving
AH Harris
Gorham Sand + Gravel
CPRC
Woods Excavation
Handyman Rental

Page 39 of 114

Riverwalk North
UPDATED VENDOR LIST

Updated: October 13, 2026
Page 2

Williams Brothers Construction
On the Line Inc.
Pavement Treatments Inc.
Pre-cast of Maine
Zebra Striping
Plowman Construction
Thyng Paving
Fine Line Pavement Striping

Sportsman Hardware
EJ Prescott
Littlefield Stump Grinding
Hillside Lumber
Granite State Curb Setters
Swenson Granite
Core + Main
Zoom Drain

LANDSCAPING + SITEWORK, including Concrete
Hissong Ready Mix Concrete
Gagne + Sons
Auburn Concrete
T.W. Enterprises
Tri-State Curb
Lucas Tree
Thirsty Turf Irrigation
Seabreeze Property Services
Dirigo Tree Service

Brewer Tree Service
Clean Harbors
EPI
Hertz Rental
Kennebec Rental
Rent It, Inc.
United Rentals
StresCon | OceanSteel

GENERAL SUPPLIES (PPE, electrical, traffic equipment, miscellaneous tools/rentals, etc.)
Sportsman Hardware
Worksafe Traffic Control
NH Bragg
Pine Environmental
Grainger
Rockingham Electric
Core + Main
Gilman Electric
Gagne + Sons
Corey Electric
Perma-Line
Atlantic Electric
Bailey Sign
Bear Hill Electric
CJ Fine Lines
The Home Depot
W.B. Mason
Lowe’s
OTHER AGENCIES (utilities, permitting fees, etc.)
Central Maine Power
Treasurer State of Maine
Maine Department of Transportation

Portland Water District
On Target Utility Services
Maine Department of Environmental Protection

Additional vendors may be presented in future amendments to this vendor list as the details for the construction
of Riverwalk North are finalized before the USEPA brownfields cleanup grant period of performance ends in
September 2028, but the construction of the Riverwalk North may continue beyond 2028.

Page 40 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

Date: October 19, 2026
Order: 2026-114
Amending Several Orders Relating to the Landslide Vulnerability Assessment Project &
Amending Vendor List
That the Westbrook City Council hereby amends several orders relating to the Landslide
Vulnerability Assessment Project as outlined below, and further amends the associated project
vendor list, as outlined in the attached exhibit:
1. Amending Order 2025-72 to authorize an additional expenditure of $22,000 to the
University of Maine College of Engineering at Orono, Maine for landslide and
geotechnical engineering work, at a new total contract price of $142,180;
2. Amending Order 2024-22 to authorize an additional expenditure of $27,960 to Credere
Associates, LLC of Westbrook, ME for federal grant administration and contractor
management services, at a new total contract price of $183,780;
3. Amending Order 2026-12 to authorize an additional expenditure of $60,999 to Camoin
Associates of Richmond, VA for policy development and economic impact assessment,
at a new total contract price of $150,999;
4. Amending Order 2025-98 to authorize an additional expenditure of $37,175 to Soil
Metrics, LLC of Cape Elizabeth, ME for geotechnical subsurface investigation, at a total
contract price of $107,175; and
5. Amending Order 2025-41 to authorize an additional stipend of $5,000 to Soil Metric, LLC
of Cape Elizabeth, ME for a total stipend allocation of $15,000 and to further authorize a
$10,000 stipend to Apex Companies, LLC of Falmouth, ME, for technical peer review
services.
Funds available in budget line: 22001000-58900-G2403 (Landslide Vulnerability Assessment Miscellaneous Expenditures)
First Reading: October 5, 2026
Second & Final Reading: October 19, 2026

Attest:

______________________________________
City Clerk

______________________________________
Mayor

Page 41 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

REQUEST FOR COUNCIL ACTION
PROPOSED TITLE: Amending Several Orders Relating to the Landslide Vulnerability
Assessment Project & Amending Vendor List
REQUESTED BY:

ROBYN SAUNDERS

DATE:

10/19/2026

SUMMARY:
Council Order 2023-121 authorized a grant agreement with Maine Emergency Management
Agency for $986,500 secured through Congressional Directed Spending in cooperation with
Senators King and Collins for the Presumpscot River Corridor Landslide Vulnerability
Assessment (LVA), which was augmented by $120,000 in State match from MaineDOT’s
Infrastructure Adaptation Fund (Order 2024-45). These awards were made to the City of
Westbrook to implement a scope of work developed in close consultation with UMaine and
Maine Geological Survey to study the triggers and susceptibility of landslides in the
Presumpscot River Corridor following the Sept 2020 landslide where roughly 3 acres of land slid
and blocked the flow path of the River. Although no lives were lost during the 2020 landslide,
significant damages were sustained on multiple properties, including parcels where three
energy pipelines and twin 48” water mains cross the Presumpscot River. This is not the only
landslide that has occurred in Westbrook, in the Presumpscot watershed, or in southern Maine.
This 3-year project explores the conditions and engineering behavior that influence the stability
of slopes and soils within our community, in hopes of providing insights into removing the risks
associated with landslide movement. Council has authorized the following actions to advance
this study:
• Council Order 2024-22 – Authorizing Award of Bid for Landslide Vulnerability
Assessment Consultant Services to Credere Associates, LLC of Westbrook, Maine to
assist in administering the federal grant, managing the contractors, and acting as quality
control
• Council Order 2025-41 – Authorizing Agreements with up to 6 Subject Matter Experts to
participate in a Technical Advisory Panel that acts as technical peer reviewers for
UMaine serving as the intellectual engine for this LVA project
• Council Order 2025-72 – Authorizing Contract with UMaine’s College of Engineering
whose landslide experts and geotechnical engineers serve as the intellectual engine for
the LVA project
• Council Order 2025-98 – Authorizing Field Work Agreements for various specialty
contractors to conduct a comprehensive geotechnical subsurface investigation within the
proposed study areas
• Council Order 2026-12 – Authorizing Policy Development Services Agreement with
Camoin Associates to develop options for public policy and decision-support tools to
reduce the risk associated landslide, and evaluate economic impacts associated with the
Page 42 of 114

proposed public policies.
Through these authorizations by Council, the project team has expanded to include a wellrounded team of various experts and advanced this first-of-its-kind hazard assessment project
to protect infrastructure, real property, and human life. By authorizing this request for council
action, each of the critical consultants and contractors in the LVA project team are prepared to
complete their existing scopes by 9/17/2027. A coordinated schedule of remaining tasks is
being compiled to ensure that this regionally beneficial project is harmonized and communicated
with the other municipalities within the Presumpscot River watershed.

Page 43 of 114

CHANGE ORDER NO.: 01

Owner:
Engineer:
Contractor:
Project:
Contract Name:
Date Issued:

City of Westbrook
Robyn Saunders
UMaine College of Engineering
Landslide Vulnerability Assessment
3/3/2025

LPDM-PJ-01Owner’s Project No.:
ME-2023-001
Engineer’s Project No.:
28002.02
Contractor’s Project No.:

Effective Date of Change Order:

10/20/2026

The Contract is modified as follows upon execution of this Change Order:
Description:
Increased cost to the graduate student stipend totaling $15,000 due to broadening of scope
Change in Contract Price
Original Contract Price:
$

$119,980

Increase from previously approved Change Orders
$

0

Contract Price prior to this Change Order:
$

119,980

[Increase] [Decrease] this Change Order:
$

22,200

Contract Price incorporating this Change Order:
$

142,180

Recommended by Engineer (if required)
By:

Robyn Saunders

Title:

Project Manager

Date:

9/25/2026
Authorized by Owner

By:

Angela Holmes

Title:

City Administrator

Date:

10/20/2026

Change in Contract Times
N/A
Original Contract Times:
Substantial Completion: 7/31/2027
Ready for final payment: 8/31/2027
Increase from previously approved Change Orders
Substantial Completion: N/A
Ready for final payment: N/A
Contract Times prior to this Change Order:
Substantial Completion: 7/31/2027
Ready for final payment: 8/31/2027
Increase this Change Order:
Substantial Completion: 7/31/2027
Ready for final payment: 8/31/2027
Contract Times with all approved Change Orders:
Substantial Completion: 7/31/2027
Ready for final payment: 8/31/2027

Accepted by Contractor

Approved by Funding Agency (if applicable)

EJCDC® C-941, Change Order EJCDC® C-941, Change Order, Rev.1.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1

Page 44 of 114

2026 Modification to Contract – Consultant Coordinator, Presumpscot Watershed
Landslide Vulnerability Assessment Program
Scope of Services & Budget
This Contract Modification extends Credere’s consultant coordinator support through September
2027 and authorizes targeted additional services needed to complete federal grant management,
technical coordination, data management, and project meeting support.
A.

SCOPE OF SERVICES

TASK 1. ADDITIONAL FEDERAL GRANT MANAGEMENT SUPPORT
The period of performance of this grant is extended to September 2027. To support the City in
this extension, Credere will provide additional federal technical support including project
management, invoicing, and federal reporting support.
TASK 3. ADDITIONAL GEOTECHNICAL INVESTIGATION SUPPORT
Credere will provide technical assistance to the Technical Lead, the UMaine Engineering
Department, in geotechnical review activities, including boring log consistency, soil classification
review, data interpretation review, modeling result review, and related technical coordination
needed to complete the project.
Credere will continue to provide data logger support and downloads on a monthly basis for the
remainder of the project period (through September 2027).
TASK 5. ADDITIONAL DATA INVENTORY MANAGEMENT
Credere will continue to maintain the project SharePoint site through September 2027, including
the monthly site fee, data organization, document access support, and technical assistance to users.
TASK 6. ADDITIONAL MEETING SUPPORT
Credere will continue to support project meetings through September 2027, including weekly City
coordination meetings, biweekly Policy Development team meetings, and additional project
coordination meetings, including preparation, attendance, and follow-up support as needed.
B.

BUDGET

Task / Budget Detail
Task 1. Additional Federal Grant Management
Senior Engineer: 2 hrs/month at $150/hr x 12 months
Task 3. Additional Geotechnical Investigation Support
Senior Engineer: 60 hrs x $150/hr
Field Geologist: 4 hrs/month at $105/hr x 12 months
Task 5. Additional Data Management Support
Field Geologist: 2 hrs/month at $105/hr x 12 months
Task 6. Additional Meeting Support
Senior Engineer: 1 hr/week x 52 weeks x $150/hr

Amount
$3,600
$14,040
$2,520
$7,800

Page 45 of 114

2026 Modification to Contract – Consultant Coordinator, Presumpscot Watershed
Landslide Vulnerability Assessment Program
Scope of Services, and Budget
CONTRACT MOD TOTAL

$27,960

ORIGINAL CONTRACT AMOUNT

$155,820

TOTAL MODIFIED CONTRACT VALUE

$183,780

IN WITNESS WHEREOF, CITY OF WESTBROOK and CREDERE ASSOCIATES, LLC have
caused this Contract Modification to be duly executed:
CITY OF WESTBROOK:

CREDERE ASSOCIATES, LLC:

By: ________________________________

By: ________________________________

NAME: JERRE BRYANT

NAME: RIP PATTEN

Title: City Administrator

Title: Vice President

Date:_________________

Date: ____2026-08-18___________

2

Page 46 of 114

September 24, 2026
Robyn Saunders, Project Manager
City of Westbrook
2 York Street
Westbrook, Maine
Via e-mail to: [email protected]
Re: Proposal for Delivery of Additional Requested LVA Project Services
Dear Robyn:
Thank you for the opportunity to submit this proposal to the City of Westbrook. In response to
requests for additional support as the LVA Project has evolved, we have compiled the following
proposal to extend the scope of work and expand on services.

Scope of Services
1.1 Task | Exploration and Transition Planning Meetings for LVA Project Handoff to
State/Regional Organization
Deliverable: Participation and support to the Westbrook project staff as they explore
opportunities for the next phase of this project, specifically handing over coordination of the
project for expansion to either regional or statewide activities. This may include meetings
with MOCA, county government, regional support organizations, or other.
Cost: Up to six (6) meetings and travel time
• Dr. Brenda Zollitsch: $2,400
Timeline: August 2026 – August 2027
1.2 Task | Development of LVA Landslide Storymap
Deliverable: Dr. Zollitsch will provide oversight into the development of a GIS storymap to
support LVA project outreach, including planning meetings with both City of Westbrook staff
and storymap developer, Dianna Farrell. The storymap will serve as the information
foundation for Westbrook's landslide outreach content, specifically on the LVA landing page.
Cost:
• Dr. Brenda Zollitsch will provide supervision and planning support for the storymap
development: $4,500
• Diana Farrell, Storymap developer: $2,500

3126 W Cary St., #409, Richmond, VA 23221 | Phone: 518-899-2608 | www.camoinassociates.com Page 47 of 114

Page 2

Timeline: October 2026 – January 2027
1.3 Task | Facilitation of LVA Public Outreach and Materials Planning and Development
Deliverable: Work with Westbrook staff to coordinate monthly planning meetings, facilitate
the creation of messages for use in communication tools (based on subject matter expert
input), and work with Westbrook staff on the design and compilation of those elements
(limited to 3 factsheets, 1 press kit (inclusive of fact sheets, city contact information, photos,
website information, links to public documents, etc. that will be accompanied by directions
for communicating with the press, including approved staff and experts to speak with the
press, media interview site information, and talking points), and one community outreach
information packet, incl. MEMA natural hazard safety information documents).
•
•
•
•
•

Monthly meetings with LVA communication team (includes 1 hour prep, 1 hour
meeting, and 2-hour follow-up tasks September 2026-August 2027)
4 hours of communications coordination with subject matter experts (MEMA,
MGS, etc.)
Development and design of 3 LVA factsheets (landslide 101, Landslide
Preparedness including MEMA messages about preparation and actions, and
LVA Landslide Policies)
Development of press kit contents
Design of LVA Outreach Replicable Packets (Homeowners, Businesses)

Cost:
• Dr. Brenda Zollitsch: $9,950
• Camoin Associates: Project Management support: $7,500 (up to 50 hours) | This does
not include in-person meetings for the Camoin Associates team.
Timeline: November 2026 – August 2027
1.4 Task | Public Engagement in Priority Neighborhoods (nearest to Presumpscot River
Formation)
Deliverable: Dr. Zollitsch will work with LVA project leader Robyn Saunders, who will provide
community outreach about the LVA's work and findings. The city will schedule two (2)
meetings with the landslide-prone community and one (1) with the larger public. Dr.
Zollitsch's role at these meetings will be to share findings from the policy scoping and
viewpoints analysis documents (including elements for consideration when making
decisions about policy) and share the policy development process that is being undertaken.
This content will be developed in concert with the city and will be approved by city leadership
prior to each meeting. Other experts will share information about landslides, non-policyspecific landslide mitigation planning, and hazard response. Dr. Zollitsch will collect
questions from participants to answer with the team following the session, unless alreadyapproved content is available. Note: Dr. Zollitsch will not make any policy recommendations,
only share the contents and findings of the analyses, during these meetings.

3126 W Cary St., #409, Richmond, VA 23221 | Phone: 518-899-2608 | www.camoinassociates.com

Page 48 of 114

Page 3

Cost:
• Dr. Brenda Zollitsch: This work includes three sessions, including 2 outreachfocused internal planning meetings per community outreach meeting, presentation
preparation, meeting time onsite at community outreach sessions, and summary
notes $6,000
• Camoin Associates: Project management support: $4,000 (up to 20 hours)
Timeline: November 2026 – April 2027
1.5 Task | Presentations at Westbrook City Council and Public Official Meetings
Deliverable: In order to prepare City Council and other public officials for the rollout of new
plans and policies, they must understand the key elements of the project, public safety
concerns, and what the city is doing to address landslide hazards. This line item will allow
the city to draw on the support of Dr. Brenda Zollitsch to assist Robyn Saunders when
providing learning sessions for public officials and councilors as the LVA project moves to
the stakeholder engagement and public communication phase of this project in the fall.
Cost:
• Dr. Brenda Zollitsch: This work includes 4 meetings with public officials within the
City of Westbrook (incl. preparation of learning sessions, delivery of learning
sessions and travel): $1,200
• Camoin Associates: Project management support: $2,000 (up to 10 hours) | up to 2
meetings with public officials: $1,400
Timeline: October 2026 – April 2027
1.6 Task | Assistance with Earth Day Event Planning and Coordination re LVA Element
Deliverable: The City of Westbrook plans to include a major landslide information and
preparedness element during an Earth Day event at the riverside park in Westbrook on April
20, 2027. In order to ensure that LVA needs are included and well-represented, Dr. Brenda
Zollitsch will participate in one planning meeting per month for the event, provide an
additional hour of planning/coordination time, and participate on-site on the day of the
event.
Cost:
• Dr. Brenda Zollitsch: This work includes 2 hours/mo. for 6 months of landslide
outreach focused event planning (October-April) and 5 hours of onsite event time at
April 20th event: $2,040
Timeline: October 2026 – April 2027

3126 W Cary St., #409, Richmond, VA 23221 | Phone: 518-899-2608 | www.camoinassociates.com

Page 49 of 114

Page 4

1.7 Task | Additional Research Support from Christopher Parelius
Deliverable: Christopher will provide research support to Dr. Zollitsch around specific
examples of language, policy documents, and supporting evidence as the City develops its
tools. This allows Christopher to continue with the LVA project past the end of his December
internship. Christopher is an MPPM Program Master’s graduate from the Muskie School at
USM.
Cost: Christopher Parelius: $5,000
Timeline: January 2027 – August 2027
1.8 Task | Supporting and Delivering a Presentation at University of Maine Geotechnical
Students Organization Symposium
Deliverable: Dr. Zollitsch and Camoin Associates Representatives will participate in the
Spring 2027 geological symposium to present a one-hour presentation on the project policyrelated background and findings to date. Dr. Zollitsch will present on the policy development
work and Camoin will present on the economic study.
Cost:
• Dr. Brenda Zollitsch: $1,000
• Camoin Associates: $2,500
Timeline: Spring 2027
1.9 Task | Support for Working with EMS Staff on LVA Elements
Deliverable: Additional EMS-related planning and preparation needs have emerged through
the LVA project process. Public outreach on landslide policy must include clear connections
with EMS plans and procedures. Dr. Brenda Zollitsch will participate in 4 planning meetings
during the remaining project period (ending September 2027) focused on coordinating public
policy outreach with EMS messaging.
Cost:
● Dr. Brenda Zollitsch – This work includes for 4 meetings + learning session
preparation and travel time: $1,920
● Camoin Associates: Project Management support (up to 10 hours): $2,000
Timeline: September 2026 – September 2027

3126 W Cary St., #409, Richmond, VA 23221 | Phone: 518-899-2608 | www.camoinassociates.com

Page 50 of 114

Page 5

1.10

Task | Coordination of Outreach Image Development

Deliverable: To facilitate public messaging, coordinate the development of one or more
images for use in public outreach. This work includes the development of an interactive
image that can serve as representative of the LVA project as part of the public safety
communications initiative, sharing public safety and preparedness messages.
Cost: $5,000
Timeline: January 2027 – June 2027

Budget
Tasks
1.

Total Fee

2.

Exploration and Transition Planning Meetings for
LVA Project Handoff to State/Regional Organization

$2,400

Development of LVA Landslide Storymap

$7,000

3.

Facilitation of LVA Public Outreach and Materials
Planning and Development

$17,450

4.
5.
6.
7.
8.
9.

Public Engagement in Priority Neighborhoods
(nearest to Presumpscot River Formation)
Presentations at Westbrook City Council and Public
Official Meetings
Assistance with Earth Day Event Planning and
Coordination re LVA Element
Additional Research Support from Christopher
Parelius
Supporting and Delivering a Presentation at
University of Maine Geotechnical Students
Organization Symposium
Support for Working with EMS Staff on LVA
Elements

10. Coordination of Outreach Image Development

Total Camoin Fee
Total Subconsultant Fee
Total Project Fee

$10,000
$4,600
$2,040
$5,000

$3,500
$3,920
$5,000
$19,400
$41,509
$60,909

Sincerely,

Brenda M. Zollitsch, PhD

3126 W Cary St., #409, Richmond, VA 23221 | Phone: 518-899-2608 | www.camoinassociates.com

Page 51 of 114

Summary of Budget Status and Request for Change Order Westbrook LVA Lab Testing
Orignal Estimated Budget (Based on 28 shelby tubes) June 9, 2025
Rate
(LS)

Test Method

Quantity

Grain Size analysis Hydrometer Only (ASTM D-422)

$120.00

58

Organic Content (ASTM D-2474)
Atterberg Limits (ASTM D-4318)

$90.00

not included

$120.00

72

$550.00
$675.00

not included

Total Cost
$

6,960.00

$

8,640.00

16

$

10,800.00

$30.00

72

$

2,160.00

Fall Cone Shear Strength (BNQ 2501-110/2023)

$35.00

Not included

Direct Simple Shear of Soil (ASTM D-6528)

$675.00

28

$

18,900.00

Consolidated, Undrained Triaxial Compression with Ko consolidation (ASTM D-2467)

$650.00

28

$

18,200.00

1D Consolidation (ASTM D-2435)
CRS Consolidation (ASTM D-4186)
Salinity of Pore Fluid (Germaine)

Total Estimated
Established Budget

65,660.00
70,000.00

Estimated cost based on 54 shelby tubes
Rate
(LS)

Test Method

Total Cost

Quantity

Grain Size analysis Hydrometer Only (ASTM D-422)

$120.00

54

$

6,480.00

Organic Content (ASTM D-2474)
Atterberg Limits (ASTM D-4318)

$90.00

27

$

2,430.00

$120.00

54

$

6,480.00

$550.00
$675.00

12

$

6,600.00

43

$

29,025.00

$30.00

112

$

3,360.00

Fall Cone Shear Strength (BNQ 2501-110/2023)

$35.00

54

$

1,890.00

Direct Simple Shear of Soil (ASTM D-6528)

$675.00

54

$

36,450.00

Consolidated, Undrained Triaxial Compression with Ko consolidation (ASTM D-2467)

$650.00

54

$

35,100.00

Total Estimated $
In-Kind Donated Lab Testing by Soil Metrics $
Total Estimated Minus In-Kind $
Original Budget
Total Requested Change Order on Lab Testing Services $

127,815.00
20,640.00
107,175.00
$70,000.00
37,175.00

1D Consolidation (ASTM D-2435)
CRS Consolidation (ASTM D-4186)
Salinity of Pore Fluid (Germaine)

Total In Kind Donated Lab Testing from Soil Metrics (Currently donated as of September 2, 2026 and future)
Test Method

Rate
(LS)

Quantity

Laoratory testing at Westbrook LVA site listed above
Additional Planned Index and Strength testing at other Regional Sites
Grain Size analysis Hydrometer Only (ASTM D-422)
$120.00

Total Cost
$

20,640.00

30

$

3,600.00

Organic Content (ASTM D-2474)
Atterberg Limits (ASTM D-4318)
Salinity of Pore Fluid (Germaine)

$90.00

12

$

1,080.00

$120.00
$30.00

30

$

3,600.00

60

$

1,800.00

Fall Cone Shear Strength (BNQ 2501-110/2023)

$35.00

30

$

1,050.00

Direct Simple Shear of Soil (ASTM D-6528) Additional at Ecomaine and other sites)

$675.00

20

$

13,500.00

Consolidated, Undrained Triaxial Compression with Ko consolidation (ASTM D-2467)

$650.00

9

$

5,850.00

Total Additional Soil Metrics In Kind Lab Testing Services at Regional Sites $

30,480.00

Total Westbrook LVA Site-Specific and Regional In-Kind Lab Testing Services $

51,120.00

Page 52 of 114

September 2, 2026

Robyn Saunders
City of Westbrook
2 York Street
Westbrook, ME 04092
RE:

Westbrook ME – Landslide Vulnerability Policy Working Group
Letter Agreement for Professional Engineering Services

Robyn,
Apex Companies, LLC (Apex) is pleased to submit this letter agreement for technical advisory services to assist
the City of Westbrook with its Landslide Vulnerability Policy Working Group initiative. Apex developed the
proposed scope of services based upon discussions with you regarding the City's efforts to evaluate policy
approaches related to landslide vulnerability, resiliency, stormwater management, and development practices
within Maine communities.

Project Understanding
The City of Westbrook is leading a collaborative effort to evaluate landslide vulnerability within the
Presumpscot River watershed and surrounding communities and explore practical policy approaches that may
improve community resiliency while supporting responsible land use, development and infrastructure
investment. The initiative is bringing together municipalities, academic researchers, technical experts, and
policy advisors to consider how landslide susceptibility, stormwater management, climate resiliency, and land
use planning may be more effectively integrated into existing planning and development processes. Apex
understands that the City seeks input from experienced practitioners to provide perspectives on lessons
learned, implementation challenges, and practical approaches that may assist the Working Group in evaluating
potential policy options.

Scope of Services
Apex proposes the following scope of services to assist the Client with the Landslide Vulnerability Initiative.

Task 1 – Technical Advisory Services
Apex will provide technical advisory services in support of the City's Landslide Vulnerability Policy Working
Group. Services may include participation in working group meetings; review of technical and policy-related
materials; discussion of the relationship between development, redevelopment, stormwater management,
geologic hazards, and resiliency; sharing practical perspectives regarding the interaction between
development, infrastructure, stormwater management, resiliency, and geologic hazards; and providing
planning-level recommendations regarding potential policy approaches, implementation strategies, and
development review considerations.

Apex Companies, LLC • apexcos.com

Page 53 of 114

City of Westbrook, ME
Landslide Vulnerability Working Group
September 2, 2026
Page 2 of 4

Services will be performed by Darrin B. Stairs, P.E. Mr. Stairs is a Principal with Apex Companies, LLC and has
more than 30 years of experience in civil engineering, land development, municipal infrastructure, stormwater
management, permitting, and environmental compliance. Throughout his career, he has worked with
municipalities, regulatory agencies, developers, and private sector clients to address complex site,
infrastructure, regulatory, and environmental challenges, with an emphasis on developing practical and
implementable solutions. His professional experience includes projects throughout both the Northeastern and
Northwestern United States, providing insight into a variety of approaches to land development, infrastructure
planning, resiliency, and natural hazard considerations. Mr. Stairs will provide a site and civil engineering
perspective to support the Working Group's evaluation of potential policy approaches, implementation
strategies, and community resiliency considerations.

Fee and Payment
Apex proposes to perform the indicated scope of services as previously described on a time and materials
basis for a total amount not-to-exceed Ten Thousand Dollars ($10,000) without prior written authorization
from the Client. Apex’s current time charge rates are attached. Billing rates shall be subject to adjustment
annually every April. All expenses and subconsultants shall be marked-up 18%. A breakdown of the fee by task
is as follows:
Task

Authorized Budget

Task 1 –Technical Advisory Services

$10,000

Total Not-to-Exceed Authorization

$10,000

Invoices will be issued to the Client on a monthly basis and will be based upon time and materials spent for
tasks identified above. The compensation indicated above is based on an estimate of the character and extent
of work involved. Unforeseen conditions, which become evident during the course of the work, may alter or
increase the effort required. The amount indicated will not be exceeded without written amendment between
the Client and Apex.

Project Schedule
Services will commence upon authorization by the City and will be provided on an as-needed basis in support
of the Landslide Vulnerability Policy Working Group. Services are anticipated to include participation in
meetings, review of supporting materials, and related coordination activities as requested by the City. This
authorization shall remain in effect until the authorized budget is expended, the working group effort
concludes, or either party terminates the agreement in accordance with the attached terms and conditions.

Assumptions and Exclusions
1.
2.

Services are advisory and planning-level in nature.
Apex will not provide geotechnical engineering, slope stability analyses, engineering design, permitting, or
construction-phase services under this authorization.

Page 54 of 114

City of Westbrook, ME
Landslide Vulnerability Working Group
September 2, 2026
Page 3 of 4

3.
4.
5.

Apex will not serve as the engineer of record for any project associated with the working group's activities.
Apex will provide policy and planning level recommendations only and will not independently verify
technical analyses, geotechnical investigations, or conclusions prepared by others.
Anything not expressly included in the Scope of Services is considered excluded.

Acceptance
We look forward to working with you on this important project. If this letter agreement is acceptable to you,
please indicate your agreement by signing in the space provided below and returning the executed copy to us.
Upon receipt of the executed agreement, we will commence the performance of approved services described
in this letter agreement. This agreement is subject to the attached General Terms and Conditions of Apex
Companies, LLC and its subsidiaries. Please feel free to contact us with any questions or concerns.
Sincerely,
Apex Companies, LLC

Darrin B. Stairs, PE
Principal
P: 617.657.0977
E: [email protected]
Attachment:

Terms and Conditions
Apex Standard Billing Rates

Page 55 of 114

City of Westbrook, ME
Landslide Vulnerability Working Group
September 2, 2026
Page 4 of 4

IN WITNESS WHEREOF, the parties hereto have made and executed this Letter Agreement as of the day and
year herein below written.
City of Westbrook, ME
Westbrook, ME

Signature

Printed Name

Date
Environmental Partners Group, LLC (A subsidiary of Apex Companies, LLC)

Darrin B. Stairs, PE
Principal

September 2, 2026
Date

Page 56 of 114

TERMS AND CONDITIONS
General. These Terms and Conditions, together with the executed proposal and any attachments thereto, and
written modifications made after the date the proposal is executed, constitute the Professional Services
Agreement (“Agreement”) between Apex Companies, LLC by and through its wholly owned subsidiary
Environmental Partners Group, LLC (“Consultant”) and the person or entity to whom the proposal is addressed:
City of Westbrook, Maine (“Client”) to perform the scope of services (“Services”) set forth in the proposal for the
project identified in the proposal (“Project”). The Agreement is the entire and integrated agreement of the parties
for the Project and it may be modified only in writing.

1.
Independent Contractor. Consultant is an independent contractor and is not an employee, agent or partner
of Client. Nothing in this Agreement establishes a fiduciary relationship between Consultant and Client.
2.
Standard of Care. Consultant shall perform its obligations in accordance with the skill and care ordinarily
applied by professionals performing similar services at the same time and in the same locality as the Project and
under similar circumstances (“Standard of Care”). Consultant will render the Services without any warranty, express
or implied, regarding the quality or timeliness of the Services and Client expressly waives all such warranties.
3.
Time of Performance. Consultant shall perform the Services according to Client’s schedule as expeditiously
as is consistent with the Standard of Care. Neither party to this Agreement will be liable to the other party for delays
in performance or for direct or indirect costs resulting from delays that result from labor strikes, riots, acts of war or
terrorism, acts of governmental authorities, extraordinary weather conditions or other natural catastrophe, or any
other cause beyond the reasonable control or contemplation of either party. The time for Consultant’s performance
shall be extended to the extent of delays that are outside of Consultant’s reasonable control.
4.
Compliance with Law. Consultant shall exercise the Standard of Care to comply with the requirements of all
applicable codes, regulations, and current written interpretations thereof published and in effect during this
Agreement.
5.
Responsibility at the Project Site. The Consultant shall not be responsible for (a) construction means,
methods, techniques, sequences or procedures, (b) safety precautions and programs in connection with work or
activities at the project site, (c) acts or omissions of any contractor, subcontractors or any other persons performing
any work or undertaking any activities at the Project site, or (d) the failure of any of them to carry out any work or
perform their activities in accordance with their contractual obligations, including, but not limited to, the
requirements of any drawings, specifications or other documents prepared by Consultant in the performance of the
Services. Consultant shall not be the prime contractor or similar under any occupational health and safety
legislation.
6.
Payment. Consultant will invoice monthly for Services rendered and payment will be due within thirty (30)
days of the invoice date (“Due Date”) without offset or withholding. All invoices are due and payable in US dollars
when rendered. A service charge of 1.5% per month, or the maximum amount allowable by law, may be assessed
to balances not paid by the Due Date. In the event Client does not make payment by the Due Date, Consultant may
suspend or terminate the Services, without liability to Client for delay, after providing seven (7) days’ written notice
to Client. Before resuming performance, Client shall pay Consultant all sums due prior to the suspension and any
expenses unavoidably incurred in suspending and resuming the Services. Following the resumption of performance,
time schedules and Consultant’s fee for the remaining Services shall be equitably adjusted. Retainers, if any, will be
credited on the final invoice. Unless otherwise noted, the fees in this Agreement do not include any value-added,

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Terms and Conditions

sales, or other taxes that may be applied by the government on fees for services; such taxes will be added to all
invoices, as required.
7.
Indemnity. To the fullest extent allowed by law, the Client shall defend, indemnify, and hold harmless
Consultant and all of its employees, officers, and directors from and against any and all claims, damages, losses and
expenses (including attorneys’ fees) related to, arising out of, or resulting from this Agreement or any Project or
construction related thereto; provided that and to the extent, any such claims, damage, loss or expense is caused in
whole or in part by the negligent act or omission, and/or strict liability of the Client, anyone directly or indirectly
employed by the Client, or anyone for whose acts the Client may be liable. Additionally, the Client agrees to
indemnify and hold harmless Consultant from any and all claims and expenses, including attorneys’ fees, that arise
due to the reuse of the documents and designs produced by consultant under this agreement. Nothing in this
provision obligates the Client to indemnify Consultant for claims arising solely from defects contained in designs
furnished by Consultant or for claims arising from the sole negligence or willful misconduct of Consultant.
8.
Insurance. Consultant, at its expense, shall provide and maintain in effect at all times during the term of
this Agreement the following insurance, with limits of liability not less than stated below:
A. Worker's Compensation, Occupational Disease, Employer's Liability, Disability Benefit and other similar
employee benefit insurance in compliance with the statutory limits of the state where the Services are being
performed.
B. Comprehensive General Liability Insurance providing a minimum combined single limit for bodily
injury (including death) and property damage of $1,000,000. Such insurance shall include Client as an additional
insured for activities arising out of the performance of the Services if so requested by Client.
C. Comprehensive Automobile Liability Insurance providing a minimum combined single limit for bodily
injury (including death) and property damage of $1,000,000.
D. Professional Liability/Errors and Omissions Insurance with a minimum limit of $1,000,000 per any one
claim and in the aggregate.
9.
Authorized Use of Deliverables. Client’s modification of any reports, drawings, deliverables, or
specifications (“Consultant Documents”), or any use of Consultant Documents on another project, without
Consultant’s professional involvement or written consent is at Client’s sole risk and, to the fullest extent permitted
by law, Client shall indemnify and defend Consultant from claims by any third party arising from such use or
modification.
10.
Termination. Either party may terminate this Agreement for the material default of the other party to
perform its obligations under this Agreement through no fault of the terminating party, but only after providing
seven (7) days’ written notice to the defaulting party and an additional ten (10) days to cure the default. In the event
of any termination, Client shall pay to Consultant all amounts due for Services performed prior to the date of the
termination. Consultant may terminate this Agreement without cause upon thirty (30) days’ written notice to Client.
10. Limitation of Liability. To the fullest extent permitted by law, the parties agree to limit the total liability, in the
aggregate, of Consultant, and Consultant’s officers, directors, partners, employees, agents, and subconsultants to
Client, and to anyone claiming by, through, or under Client, for any claims, losses, costs, or damages whatsoever,
arising out of, resulting from, or in any way related to the Project or Agreement from any cause or causes, including

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Terms and Conditions

but not limited to tort, negligence, professional errors and omissions, strict liability, breach of contract, or breach of
warranty, to the total compensation received by Consultant or $50,000 whichever is greater.
11. Waiver of Consequential Damages. The Client and Consultant mutually waive consequential, indirect or
special damages for claims, disputes or other matters in question arising out of or relating to the Services or the
Project, whether in contract or in tort, including but not limited to loss of use, loss of profit, lost opportunity costs,
diminution in value, or claims for delay, impact or disruption damages made by Client or any of its contractors or
subcontractors, whether or not the possibility of such damages had been disclosed to the other party in advance or
could have been reasonably foreseen by such other party. This mutual waiver is applicable, without limitation, to all
consequential damages due to either party’s termination.
12. Existing Conditions. Client shall furnish to Consultant all applicable information and technical data in Client’s
possession or control reasonably required for the proper performance of the Services. Consultant shall be permitted
to rely upon the accuracy and completeness of information that Client provides regarding the Project. Consultant
shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to
hazardous materials of any form and Client shall defend, indemnify, and hold harmless Consultant from and against
any and all claims, damages, losses and expenses (including reasonable attorney’s fees) arising from the presence,
discharge, release or escape of asbestos, hazardous waste, or other conditions, substances, wastes or materials at
Client’s site, except to the extent caused by the gross negligence of Consultant.
13. No Personal Liability. This Agreement does not create and shall not be deemed to create or permit any
personal liability or obligation on the part of any owner, shareholder, officer, director, employee, agent or
representative of Consultant. Each party agrees that any claim arising under or related to the Project shall be made
only against the corporate legal entity of Consultant or Client.
For projects in the State of Florida:
PURSUANT TO FLORIDA STATUTES CHAPTER 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT
BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE.
14. No Third-Party Rights. Nothing in this Agreement shall be construed to give any person or entity other than
Client and Consultant any legal or equitable right, remedy, or claim under this Agreement.
15. Severability. If any of these Terms and Conditions are adjudicated in a court of competent jurisdiction and
determined to be invalid or unenforceable in whole or in part, the remaining provisions shall remain in full force
and effect, and remain binding upon the parties.
16. Assignment. Neither Consultant nor the Client shall assign, sublet or transfer any rights under or interest in
this Agreement without the written consent of the other. Unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assigning party from any duty or
responsibility under this Agreement.
17. Survival. Sections 8 (Indemnity), 11 (Limitation of Liability), and 12 (Waiver of Consequential Damages) of this
Agreement shall survive the completion of Consultant’s Services on the Project and the termination of the
Agreement for any cause.
18. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State in
which the Project is located.

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Page 59 of 114

Standard Billing Rates*
Northeast Division
*Effective until March 2027

Category

Hourly Rate

Senior Principal
Senior Program Manager
Principal
Program Manager
Senior Project Manager
Senior Engineering Manager
Senior Lead Scientist
Project Manager
Engineering Manager
Lead Scientist
Senior Project Engineer
Assoc. Project Manager
Senior Project Scientist

$275

Sr. CAD/GIS Coordinator

$215

Project Engineer
Project Scientist
CAD/GIS Coordinator

$210

$325
$305
$285

$260
$255
$235
$225

$195

Engineer
CAD/GIS Specialist

$185

Scientist

$160

CAD/GIS Technician

$150

Project Administrator

$145

Technician

$130

Clerical
Resident Project Representatives
Horizontal Construction
Vertical Construction
Island or Night Work Construction

$110
$155
$165
$180

Reimbursable expenses are billed at cost plus 18 percent. Mileage is billed at the current IRS mileage rate.

Apex Companies, LLC • apexcos.com

Page 60 of 114

Updated by RLS:
Match tracking added:

G2403

9/24/2026
7/14/2026

ROBYN to reconcile match tracking

Landslide Vulnerability Assessment

MATCH REQUIREMENTS: (Non-Federal Share Award Amount)

LVA Q'ly Match Tracking

TOTAL PROJECT COST
(1,233,125.00)

FEMA/MEMA (Federal Share Award Amount)
FEMA/MEMA (Non-Federal Share Award Amount)

(986,500.00)

Order 2023-121
(405,400.00)

(246,625.00) 25% match required

MaineDOT Infrastructure Adaptation Fund Grant
Regional Partners

(120,000.00)

Order 2024-45
(285,400.00)

(120,000.00) MIAF grant
(126,625.00) IN-KIND SERVICES
9,600.00 Steve Rabasca, PE

SME services

51,120.00 soil metrics, LLC

lab services

Total Revenue

(1,106,500.00)

PERSONNEL + FRINGE
Project Management
Salaries - Temp Employees

17,615.39

v

96.35

v

TRAVEL
EE Reimbursement - Robyn Saunders

FY24 Q2
FY24 Q3
FY24 Q4
FY25 Q1
FY25 Q2
FY25 Q3
FY25 Q4

$
$
$
$
$
$
$

4,109.54
3,763.75
5,563.37
6,554.59
17,579.76
13,136.36
24,240.32

Subtotal $ 74,947.69

(65,905.00)

FY26 Q1 $
FY26 Q2 $
FY26 Q3 $
FY26 Q4
FY27 Q1
FY27 Q2
FY27 Q2
FY27 Q3
FY27 Q4

TOTAL $

EQUIPMENT

13,164.24
10,253.80
17,914.32

116,280.05

SUPPLIES
CONTRACTUAL
1. Credere Associates LLC
Credere Associates, LLC
Credere Associates, LLC
Credere Associates, LLC
Credere Associates, LLC

112,111.63
5,188.37
38,520.00
27,960.00

2. University of Maine College of Engineering
University of Maine System
University of Maine System (Original amt $120k, will change)
University of Maine System
3. Various Subject Matter Experts (SMEs)

Quebec DOT
Maine DOT
Haley Ward
Haley Ward
WSP USA Inc
WSP USA Inc
Soil Metrics - Stephen Rabasca
Soil Metrics - Stephen Rabasca
Soil Metrics - Stephen Rabasca
GZA GeoEnvironmental, Inc.
Apex - Darrin Stairs, PE

59,990.00
59,990.00
22,200.00

10,000.00
10,000.00
3,431.10
6,568.90
3,570.50
6,429.50
5,120.00
4,880.00
5,000.00
10,000.00
10,000.00

4. Seaboard Drilling
Seaboard Drilling
Seaboard Drilling
Seaboard Drilling
Seaboard Drilling

195,171.00
35,000.00
5,000.00
69,829.00

3. ConeTec
ConeTec
ConeTec

96,230.00
3,770.00

v

v

ROLE:
Order 2024-022
Order 2024-022
Order 2025-152
Order 2026-XXX

Consultant Coordinator

ROLE:
Order 2025-072
Order 2025-072
Order 2026-XXX

Engineering + Analysis
Funded by MaineDOT Infra adaptation fund grant

ROLE:

v
v

Order 2025-041
Order 2025-041
Order 2025-041
Order 2025-041
Order 2025-041
Order 2025-041
Order 2026-XXX
Order 2025-041
Order 2026-

Change Order #1
Change Order #2

Change Order #1

183,780.00

NTE:

RCA 10/5/2026
142,180.00

NTE:

15000 x 48% OH rate

RCA 10/5/2026

Technical Advisory Panel
NTE:
REMOVE: not paid consultant (track as in-kind services)
REMOVE: not paid consultant (track as in-kind services)

$70,000

REMOVE: Jacalyn G no longer at Haley Ward

Change Order #1

RCA 10/5/2026

Civil PE added to help with policy development

ROLE:
Order 2025-98
Order 2025-137
Order 2025-137

Getechnical Field Services
NTE:
$300,000
Original NTE = $265,000
Change Order #1 = $35,000
Hold for finalizing report
REMOVE: SWCole + Seaboard confirmed no more billings, except finalizing report

ROLE:
Order 2025-98

CPT Field Services

NTE: $

100,000

REMOVE: confirmed final invoice received from ConeTec Jan 2026

4. Soil Metrics - Stephen Rabasca
Soil Metrics - Stephen Rabasca
Soil Metrics - Stephen Rabasca

70,000.00
37,175.00

ROLE: Analytical Lab Services
NTE: $
107,175
Donated more than $10K in SME time + $35K in lab services
Order 2025-98
Order 2026-XXX
Change Ordere #1
RCA 10/5/2026

5. GZA GeoEnvironmental Inc.
GZA GeoEnvironmental, Inc.
GZA GeoEnvironmental, Inc.

70,000.00
(24,133.90)

ROLE:
Order 2025-98
Order 2024-45*

6. Camoin Associates + Resilient Roots
Camoin Associates Invoice #21693
Camoin Associates Invoice #21810
Camoin Associates
Camoin Associates

10,000.00
12,500.00
67,500.00
60,999.00

Order 2026-12

Field Support

ROLE: Policy Consultant

Order 2026-XXX

Change Order #1

CONSTRUCTION
OTHER
Maine Trust for Local News L3C
Home Depot USA
Staples
Police Detail

Total Expenses

Net Surplus

236.43
79.98
538.70
1,125.00

1,129,691.95
100,167.90
1,029,524.05
23,191.95
(76,975.95)

v
v
v

NTE: $

70,000

NTE:

150,999

Contract terminated

moved $68 to O&M - prior to grant start date

GZA INVOICES
4,637.58
1,470.33
6,185.15

RCA 10/5/2026
1,078.50
10,364.38
15,752.79
6,377.37
45,866.10 GZA Subtotal*

Health + Safety

MINUS STRUCKTHROUGH SUBTOTAL
ADJUSTED EXPENSES

ADJUSTED NET

RCA 10/5/2026

Page 61 of 114

TO:

Honorable City Council

FROM:

Robyn Saunders, Project Manager

CC:

David Morse, Mayor
Angela Holmes, City Administrator

DATE:

September 28, 2026 (originally submitted: April 25, 2024)

RE:

Presumpscot River Corridor: Landslide Vulnerability Assessment
Preliminary Vendor List | Account Number 22000 1000 58900 G2403

The vendor list for the project stated above is a preliminary list of vendors, contractors, and suppliers that will
be utilized for this 3-year (state + federal) grant-funded project to: (1) identify triggers associated with the
9/16/2020 landslide; (2) explore improvements to minimize future losses from future landslide action; and (3)
develop a list of potential mitigation sites for future federal assistance. Contracts above $5,000 require
solicitation of competitive bids in accordance with local, state, and federal procurement policies, while only
incidental purchases or arrangements will utilize this Council-authorized vendor list. Updates to the original
vendor list are included in red text.
TECHNICAL + PROFESSIONAL SERVICES
GEI
Schonewald Associates
Gorrill Palmer
Credere Associates
St. Germain
Wright Pierce
R.W. Gillespie
S.W. Cole
Haley Ward
GZA GeoEnvironmental
Thornton Tomasetti
Wright Ryan Construction
Regina S. Leonard | Landscape Architect
SMRT
Full Court Press
High Tech Fire Protection
Maine Reflections
Soil Metrics
Apex Companies LLC
Resilient Roots LLC

University of Maine System (College of Engineering)
University of Connecticut (TAB Program)
Haley Aldrich
Acorn Engineering
R.W. Eaton Associates
Owen Haskell Inc.
Paquin + Carroll
Jensen Baird Gardner + Henry
Verrill Dana
Preti Flaherty
Pierce Atwood
Drummond Woodsum
Sebago Technics
Warren Mechanical Services
Kaloutas + Co.
Dale Rand Printing
Walsh Printing
Casco Bay Cleaning
WSP
Camoin Associates

Page 62 of 114

GENERAL SUPPLIES (PPE, electrical, traffic equipment, miscellaneous tools/rentals, etc.)
Worksafe Traffic Control
NH Bragg
Pine Environmental
Grainger
EPI
Core + Main
Zoom Drain
Gagne + Sons
Corey Electric
Perma-Line
Bear Hill Electric
Seacoast Security
The Home Depot
Cunningham Security
Securitas
W.B. Mason
SP+ Services
Maine State Security Inc.
Staples
ESM
U-Line
Graybar
White Cap LP
Bailey Sign
Aceto Acoustics
Welch Sign
Safety One Industries
Costco
Hillside Lumber
Hammond Lumber
Littlefield Stump Grinding
Hancock Lumber
LANDSCAPING + SITEWORK, including Concrete
Glidden Construction
Les Wilson + Sons
Dearborn Brothers Construction
Woods Excavation
Hissong Ready Mix Concrete
Gagne + Sons
T.W. Enterprises
EJ Prescott
HD Waterworks
Ferguson Waterworks
Lucas Tree
Thirsty Turf Irrigation
Seabreeze Property Services
Knight Property Services

Shaw Brothers
Shaw Earthworks
Dayton Sand + Gravel
Gorham Sand + Gravel
Brewer Tree Service
Clean Harbors
Hertz Rental
Handyman Rental
Portland Pipe
Kennebec Rental
Rent It, Inc.
United Rentals
DH Fencing

Page 63 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

Date:
Resolve:

October 19, 2026
2026-18

Endorsing the City of Westbrook's Community Development Block Grant (CDBG)
Applications
That the Westbrook City Council hereby endorses the submission of two (2) applications to the
Cumberland County Community Development Block Grant (CDBG) program for the 2027
program year, as outlined in the attached exhibits.
First and Final Reading: October 19, 2026

Attest:

______________________________________
City Clerk

______________________________________
Mayor

Page 64 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

REQUEST FOR COUNCIL ACTION
PROPOSED TITLE: Endorsing the City of Westbrook's Community Development Block Grant
(CDBG) Applications
REQUESTED BY:

Monique Cornett
ROBYN SAUNDERS

DATE:

10/19/2026

SUMMARY:
The City of Westbrook submits annual Community Development Block Grant (CDBG)
applications to the Cumberland County Community Development Program for consideration.
The City must receive an endorsement by its governing body to submit final applications.
Each application cycle, the City may submit up to two applications, one General Application and
one Public Services Application, for Westbrook-based projects. The City may co-sign an
unlimited number of multi-jurisdictional projects in collaboration with other Maine municipalities
for regional projects. The City did not receive any requests to participate in multi-jurisdictional
projects this application cycle.
Included below is a summary of the two (2) applications to be submitted for the 2027 program
year by the application deadline, November 5th.
Applicant: City of Westbrook
Application: General
Project: Brown Street Enhancements and ADA Accessibility Improvements
Request: $150,000
Applicant: Intercultural Community Center
Application: Public Service
Project: Power School Family Stability Initiative
Request: $70,000

Page 65 of 114

Page 66 of 114

Page 67 of 114

Page 68 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

Date: October 19, 2026
Order: 2026-115
Authorizing Memorandum of Understanding with Quaker Lane Associates, LLC
Regarding Improvements at Saccarappa Park
That the Westbrook City Council hereby authorizes the Mayor or designee to enter into a
Memorandum of Understanding (MOU) with Quaker Lane Associates, LLC, to establish a
framework for cooperation to carry out site improvements that will affect the City-owned
Saccarappa Park and the privately owned adjacent parcel at 7 Kidder Lane, as outlined in the
attached exhibits.
First & Final Reading: October 19, 2026

Attest:

______________________________________
City Clerk

______________________________________
Mayor

Page 69 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

REQUEST FOR COUNCIL ACTION
PROPOSED TITLE: Authorizing Memorandum of Understanding with Quaker Lane
Associates, LLC Regarding Improvements at Saccarappa Park
REQUESTED BY:

Monique Cornett

DATE:

10/19/2026

SUMMARY:
This Order authorizes the City to enter into a Memorandum of Understanding (MOU) with
Quaker Lane Associates, LLC. The MOU will establish a framework for cooperation to carry out
site improvements that will affect the City-owned Saccarappa Park and the adjacent parcel
owned by Quaker Lane Associates located at 7 Kidder Lane.
Quaker Lane Associates has begun construction on their mixed-use development project that
will include 110 market-rate apartments and 5,000 square feet of commercial use. Their site
includes the former 4 & 7 Dana Street and 921 Main Street that have been combined into 7
Kidder Lane. The Quaker Lane project has obtained utility and construction easements from the
City as a part of the project's Planning approvals. The easements will allow Quaker Lane to
install utilities along the western side of the City-owned Saccarappa Park that will service their
project. The MOU term is 36 months.
The MOU specifically addresses the roles and responsibilities for the following three elements
concerning both projects:
a) Assigning responsibility for clearing and prepping the easement area for utility installation
(The City & Quaker Lane)
b) Clarifying roles and responsibilities for the connection of the boardwalk system between
Saccarappa Park and 7 Kidder Lane (The City & Quaker Lane)
c) Assigning responsibility for installation of a new fence along the fish ladder (Quaker Lane)
The MOU includes standard language around insurance and indemnification, term/termination,
and site access and protocols.

Page 70 of 114

MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (the “MOU”) is entered into as of __________, 2026 (the
“Effective Date”) by and between the City of Westbrook, Maine, a municipal corporation with a
principal office at 2 York Street, Westbrook, Maine 04092 (the “City”), and Quaker Lane
Associates, LLC, a limited liability company with an address of 325 Quaker Lane North, West
Hartford, Connecticut 06119 (the “Owner”). The City and the Owner may be referred to
individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, the City is the owner of certain real property known as Saccarappa Park, located at
885 Main Street, Westbrook, Maine (Tax Map 32, Lot 114) (the “City Parcel”); and
WHEREAS, the Owner is the owner of certain real property adjacent to the City Parcel, located
at 7 Kidder Lane, Westbrook, Maine (Tax Map 32, Lot 109) (the “Owner Parcel”); and
WHEREAS, the Owner has secured certain land use approvals from the City’s Planning Board
relating to the development of the Owner Parcel (the “Approval”), which include requirements
for the extension of a City-maintained boardwalk within the City Parcel (the “Boardwalk”) onto
and over the Owner Parcel (the “Development”); and
WHEREAS, the Owner possesses a certain utility easement over the City Parcel for the
installation and maintenance of utilities serving the Development recorded in the Cumberland
County Registry of Deeds in Book 41783, Page 54 (the “Easement”); and
WHEREAS, the Parties mutually desire to enter into this MOU for purposes of memorializing
their understanding and relative responsibilities with respect to the extension of the Boardwalk
into the Development, the clearing of the Easement for purposes of Owner’s installation of
utilities within the Easement, and certain other improvements;
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the
receipt and sufficiency of which each of the Parties hereby acknowledge, the Parties hereby
agree as follows:
1. Purpose and Intent
This MOU is intended to establish a framework for cooperation between the Parties regarding:
(a) the clearing of the Easement for the installation of utilities serving the Development; (b) the
extension of the Boardwalk from the City Parcel onto and over the Owner Parcel; and (c) the
installation of fencing on a certain portion of the property adjacent to the City Parcel and Owner
Parcel and owned by HydroVal Asset Management (Tax Map 32, Lot 108A) (the “HydroVal
Parcel”).
2. Description of Properties and Project Area
For purposes of this MOU, the relevant portions of the Owner Parcel, City Parcel, and HydroVal
Parcel are depicted in Exhibit A attached hereto.
3. Scope of Cooperation
The Parties will each cooperate with the other and proceed in good faith toward the
accomplishment of their responsibilities under this MOU; however, each Party understands and
acknowledges that it shall be individually and solely responsible for its compliance with
25958455.5

Page 71 of 114

applicable laws, rules, and regulations, as well as all planning, permitting, construction,
restoration, and other activities undertaken in relation to its performance of its responsibilities
under this MOU, as well as all costs and expenses incurred in relation thereto.
4. City Responsibilities
The City agrees that it shall be responsible for performing the following activities:
a) Cutting and removal of a row of hemlock trees located along the western edge of the
City Parcel and running parallel to the Owner Parcel and to 901 Main Street,
Westbrook, Maine within the Easement (the “Trees”);
b) After removal of the trees, providing Owner with access to the City Parcel for the
purposes of stumping and grinding the Trees and for the installation of utilities to
serve the Development in accordance with the Approval and the scope of the
Easement; and
c) Constructing an extension of the Boardwalk from its existing point of termination
within the City Parcel substantially as shown in Exhibit A. In the construction of the
Boardwalk extension, the City agrees that it will not cut into the existing retaining
wall on the Owner Parcel but will regrade or elevate the Boardwalk as necessary to
meet the existing grade of the Owner Parcel in accordance with certain plans
developed by Acorn Engineering. Notwithstanding the foregoing, the City is not
responsible for any notching, adjustment, or modifications to the existing retaining
wall or other foundations or structures located on the Owner Parcel necessary to
establish the final grade of the Boardwalk extension.
5. Owner Responsibilities
The Owner agrees that it shall be responsible for performing the following activities:
a) Stumping and grinding of all Trees within the Easement, and removal of all related
debris, after the City’s removal of the Trees;
b) Constructing a continuation of Boardwalk from its point of connection with the
Owner Parcel on and over the Owner Parcel in accordance with the Approval, using
materials, designs, and methods alike in kind to the City’s extension of the Boardwalk
within the City Parcel, including any modifications to the Owner Parcel necessary to
establish the final grade of the Boardwalk; and
c) Removing all of the existing chain link fencing running along the Presumpscot River
on the Owner Parcel, the HydroVal Parcel, and the City Parcel, installing replacement
fencing approved by the City to tie into the Northwest corner of the City’s existing
Riverwalk Boardwalk railing system, as shown in Exhibit A, and obtaining all
necessary approvals and permissions from HydroVal necessary to accomplish the
same.
6. Access, Entry, and Site Protocols
Each Party shall provide the other with reasonable access to its respective property for
individuals, equipment, and vehicles, as necessary for the staging, performance, and completion
of the other Party’s responsibilities under this MOU. To the extent practicable, each Party shall
provide the other with at least 48 hours’ prior notice of any activity to be performed on the
property of the other and all activities undertaken on property of the other pursuant to this MOU
shall be undertaken on dates and times reasonably acceptable to the property owner. In the event

25958455.5

Page 72 of 114

either Party occupies or performs work within the property of the other, each Party shall be
responsible for maintaining any area within which it operates in a clean and orderly manner and
for restoring any such area to substantially its prior condition upon the completion of that Party’s
work.
7. Permits, Approvals, and Legal Compliance
Each Party is solely responsible for obtaining all necessary permits, approvals, and
authorizations necessary to perform and complete its responsibilities under this MOU and for
complying with all applicable laws, rules, and regulations. Nothing in this MOU should be
construed as predetermining any discretionary municipal approval or limiting the City’s police
powers, regulatory authority, or future legislative discretion.
8. Costs, Funding, and Reimbursement
Each Party acknowledges and agrees that it is responsible for all costs and expenses incurred in
relation to the performance of its responsibilities under this MOU, including, without limitation,
costs of permitting, construction, materials, labor, insurance, and legal fees.
9. Insurance and Indemnification
Each Party and its contractors, subcontractors, and agents, shall obtain and maintain insurance
coverages of a type generally acceptable to industry professionals engaged in work of a
comparable nature and at least equal to Maine’s statutory coverage minimums, with the other
Party named as an additional insured. Each Party agrees to indemnify the other, its officers,
officials, employees, and agents (the “Indemnified Party”) from and against any claim, lawsuit,
damages, loss, award, judgment, and expense, including reasonable attorney’s fees and costs, by
or for any third-party in relation to that Party’s activities undertaken pursuant to this MOU,
except to the extent attributable to the Indemnified Party’s own negligent act or omission.
Nothing herein is intended, nor shall it be deemed, to expand or extend the City’s liability, or to
waive any immunity, or any defenses or limitations of liability to which the City is entitled under
applicable state or federal law, including the Maine Tort Claims Act, or any other applicable
legal precedent or common law. The indemnifications provided under this provision shall
survive the termination or expiration of this MOU.
10. No Property Rights Created
This MOU does not create any permanent or temporary easement, license, lease, dedication,
transfer, or ownership interest in any property.
11. Effect
This MOU is intended as a statement of mutual understanding and good-faith cooperation and
does not obligate either Party to enter into any later agreement, appropriate funds, approve
permits, convey property rights, or undertake any activities except as set forth in this MOU.
12. Term, Termination, and Amendment
This MOU will commence on the Effective Date and continue for a period of thirty-six (36)
months, unless earlier terminated by either Party upon thirty (30) days’ written notice or as
otherwise provided herein. The term of this MOU may be extended by written agreement of the
Parties. This MOU may not be modified or amended except in writing and signed by authorized
representatives of the Parties.

25958455.5

Page 73 of 114

13. Dispute Resolution; Limitation of Remedies
In the event of any dispute between the Parties arising under and relating to this MOU, the
Parties agree to engage in discussions in good faith to resolve such dispute and, if necessary, to
escalate the dispute to the City’s Mayor and Owner’s managing member for resolution. In the
event the Parties are unable to resolve any dispute (other than disputes involving damages or
other claims covered under Section 9, above), each party hereby agrees that its sole and
exclusive remedy for any violation of or nonperformance under this MOU by the other shall be
specific performance.
Except as provided within Section 9 of this MOU, the Parties each expressly waive, disclaim,
and surrender any and all claim of consequential, special, and punitive damages, including lost
profits, earnings, and revenues, and attorney’s fees and costs against the other resulting or arising
from the performance or nonperformance by the other under this MOU.
14. Authority and Approvals
Each Party represents and agrees that it has the power and authority to enter into this MOU and
that its representative executing this MOU has been duly authorized and is legally capable of
entering into this MOU on its behalf.
15. Notices
Notices under this MOU shall be provided in writing to the addresses and contacts listed below
by personal delivery, certified mail, overnight courier, or email with confirmation of receipt.
City

Owner

City Administrator

Matthew Welter

City of Westbrook

Quaker Lane Associates, LLC

2 York St, Westbrook, ME 04092

325 Quaker Ln N, West Hartford, CT 06119

207-854-9105

612-210-7415

16. Entire Agreement
This MOU represents the entire agreement between the Parties and supersedes all prior
understandings, representations, and agreements respecting the subject matter hereof, whether
verbal or written.
17. Counterparts
This MOU may be executed in one or more counterparts, each of which shall constitute an
original and all of which together shall constitute one and the same agreement.
[Signature Page Follows]

25958455.5

Page 74 of 114

The undersigned, duly authorized representatives of the Parties have each caused this
Memorandum of Understanding to be executed on behalf of the respective party as of the date set
forth below.
City of Westbrook, Maine

Quaker Lane Associates, LLC

By: ______________________________

By: ______________________________

Name: ____________________________

Name: ____________________________

Title: _____________________________

Title: _____________________________

Date: _____________________________

Date: _____________________________

25958455.5

Page 75 of 114

Exhibit A to MOU

159

158A

>

>

>
>
3-1
ST

>
>
>

>
15
5A

>
>
>
>
>
>
>

Approximate location of fencing
to be removed/replaced by Owner.
Area of Boardwalk extension to be
constructed by City.

09 25 26

Page 76 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

Date: October 19, 2026
Order: 2026-116
Amending the Westbrook Code of Ordinances Regarding the Recreation & Conservation
Commission
That the Westbrook City Council hereby repeals the Westbrook Code of Ordinances Chapter 7,
Article III, Recreation and Conservation Commission, and replaces it with Chapter 7, Article III,
Recreation and Sustainability Committee, and further amends Chapter 295, Article I, Trees, and
Article II, Green Space, as outlined in the attached exhibits.
First & Final Reading: October 19, 2026

Attest:

______________________________________
City Clerk

______________________________________
Mayor

Page 77 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

REQUEST FOR COUNCIL ACTION
PROPOSED TITLE: Amending the Westbrook Code of Ordinances Regarding the Recreation
& Conservation Commission
REQUESTED BY:

Angela Holmes
Jennie Franceschi

DATE:

10/19/2026

SUMMARY:
This is a request to approve the repeal and replacement of the ordinance language relating to
the Recreation and Conservation Commission, and other sections of the Code that reference
the duties of the body.
Westbrook City Council's Committee of the Whole has met in recent months to review the staff
findings from a comprehensive review of ordinance language for all municipal boards,
commissions, and committees (BCCs). Most recently, City Council adopted Order 2026-104
which enacted ordinance amendments relating to the Board of Assessment Review, Board of
Trustees of the Woodlawn Cemetery, Fair Hearing Authority, Library Advisory Committee,
Planning Board, Zoning Board of Appeals, and the Village Review Overlay Zone Committee.
During this process, staff evaluated current ordinance language for consistency and accuracy in
the following areas: Purpose, Membership, Duties, Scope of Authority, and Clerical
Corrections.
The current item slated for Council consideration are the ordinance amendments relating to the
Recreation & Conservation Commission, as reviewed and recommended by the Committee of
the Whole on October 5, 2026 (Vote: 6-0). As outlined in the enclosed materials, these
amendments include a repeal and replacement of Chapter 7, Article III, Recreation and
Conservation Commission, replacing the language with Article III, Recreation and Sustainability
Committee, along with amendments to other sections of the Code relating to the duties of the
advisory body.
_____________________________________________________
As part of the Committee of the Whole Meeting on October 5, 2026, the following amendments
were approved by the Committee and have been incorporated into the document before the
Council for consideration:
Amendment #1
To amend the title from "Parks & Recreation Committee" to "Recreation & Sustainability
Committee".
Amendment #2
To amend the purpose statement as follows:

Page 78 of 114

From:
The purpose of the Committee is to promote and enhance community access to, use, and
enjoyment of Westbrook’s parks and outdoor recreational spaces through community
engagement, and educational activities. As requested by the Mayor and/or City Council, the
Committee will also provide advisory support and community perspective related to the City’s
conservation, recreation and sustainability efforts/initiatives that affect the City’s natural
environment and outdoor spaces.
To:
The purpose of the Committee is as follows:
1. As requested by the Mayor and/or 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;
2. To promote and enhance community access to, use of, and enjoyment of Westbrook’s
parks, natural resources, and outdoor recreational spaces through community
engagement and educational activities.
Amendment #3
To amend the Meetings section as follows:
From:
The Committee shall meet quarterly and as otherwise deemed necessary by the City Planner
and/or Sustainability Coordinator to conduct pending business requiring Committee
consideration. The City Planner, Sustainability Coordinator, or their designee(s), shall prepare
and distribute an agenda for each meeting. Four (4) members of the Committee shall constitute
a quorum, and all decisions of the Committee shall require the approval of a majority of
members present and voting. Meetings minutes shall be submitted to the City Clerk for filing.
To:
The Committee shall meet quarterly and as otherwise deemed necessary by the City Planner
and/or Sustainability Coordinator to conduct pending business requiring Committee
consideration. The City Planner, Sustainability Coordinator, or their designee(s), shall prepare
and distribute an agenda for each meeting. The Chair or Vice Chair shall facilitate the meetings
of the Committee to ensure efficient conduct of the matters slated for consideration. Four (4)
members of the Committee shall constitute a quorum, and all decisions of the Committee shall
require the approval of a majority of members present and voting. Meetings minutes shall be
submitted to the City Clerk for filing.
____________________________
If adopted, these proposed ordinance amendments would go into effect immediately, and
current members of the Recreation & Conservation Commission would have the opportunity to
apply for membership on the newly established Recreation & Sustainability Committee. Staff
met with current members of the Recreation & Conservation Commission on several occasions
to review the existing issues within the ordinance language, to identify the strengths, successes,
and challenges of the current structure, and to review the proposed ordinance language. We
have included in the packet the original summary cover page and the feedback sheet as
reference materials.

Page 79 of 114

As a reminder, the final BCC ordinance language for review is the Public Safety Commission,
which will be reviewed by the Committee of the Whole at a later date.

Page 80 of 114

City Council – 1st and Final Reading 10.19.26
Repeal and Replace of Chapter 7 Article III
Chapter 7
Article III – Recreation and Sustainability Committee
§ 7-16. Establishment.
The City establishes the Recreation and Sustainability Committee (the “Committee”)
which shall consist of seven (7) members who must be residents of the City of Westbrook.
§7-17. Purpose.
Committee Purpose:
A. As requested by the Mayor and/or 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;
B. To promote and enhance community access to, use of, and enjoyment of
Westbrook’s parks, natural resources, and outdoor recreational spaces through
community engagement and educational activities.
§ 7-18. Committee Membership.
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.

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City Council – 1st and Final Reading 10.19.26
§ 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
Planner and/or Sustainability Coordinator to conduct pending business requiring
Committee consideration. The City Planner, Sustainability Coordinator, or their
designee(s), shall prepare and distribute an agenda for each meeting. The Chair or Vice
Chair shall facilitate the meetings of the Committee to ensure efficient conduct of the
matters slated for consideration. Four (4) members of the Committee shall constitute a
quorum, and all decisions of the Committee shall require the approval of a majority of
members present and voting. Meetings minutes shall be submitted to the City Clerk for
filing.
§ 7-21. Committee Duties.
The Committee shall serve as an advisory body to the Mayor, City Council, and the Planning
Board, and may assist staff with the following duties:
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
improvements to City-owned parks, outdoor recreational spaces, special projects,
or initiatives.
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Recreation & Sustainability Committee

CC 1st & Final Reading 10.19.26

Chapter 295 Trees and Forest
ARTICLE I Trees
§ 295-1. Short title.
This article shall be known and may be cited as the "Municipal Tree Ordinance of the City of
Westbrook."
§ 295-2. Definitions.
For the purpose of this article, the following terms, phrases, words, and their derivations shall have
the meaning given herein. When not inconsistent with the context, words used in the present tense
include the future, words in the plural include the singular, and words in the singular include the
plural. The word "shall" is mandatory and not merely directory.
FORESTRY DEPARTMENT — The designated department of the municipality under whose
jurisdiction park and/or street trees fall.
MUNICIPAL ARBORIST — The designated official of the City of Westbrook assigned to carry
out the enforcement of this article.
PERSON — Any person, firm, partnership, association, corporation, company, or organization of
any kind.
PROPERTY LINE — The outer edge of a street or highway right-of-way.
PROPERTY OWNER — The person owning such property as shown by the Tax Maps, City of
Westbrook, unless proof to the contrary is available.
PUBLIC PLACES — All grounds owned by the City of Westbrook.
PUBLIC TREES — All shade and ornamental trees now or hereafter growing on any street or any
public areas or overhanging said street or public areas.
STREET or HIGHWAY — The entire width of every public way or right-of-way when any part
thereof is open to the use of the public, as a matter of right.
TREE LAWN — Part of a street or highway, not covered by sidewalk or other paving, lying
between the property line and that portion of the street or highway usually used for vehicular traffic.
TREES —
A.

Large trees are designated as those attaining a height of 45 feet or more.

B.

Medium trees are designated as those attaining a height of 30 feet to 45 feet.

C.

Small trees are designated as those attaining a height of 20 feet to 30 feet.

§ 295-3. Authority of Recreation and Conservation Commission. Reserved [Amended 5-212018 by Ord. No. 2018-69]
The Recreation and Conservation Commission may study the problems and determine the needs
of the City in connection with its tree-planting program.

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Recreation & Sustainability Committee

CC 1st & Final Reading 10.19.26

§ 295-4. Qualifications of Municipal Arborist. [Amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
The Municipal Arborist shall be a person skilled and trained in the arts and sciences of municipal
arboriculture and shall hold a college degree or its equivalent in arboriculture, ornamental or
landscape horticulture, urban forestry, or other closely related field. The Municipal Arborist shall
have passed any applicable state examinations and shall hold a current regular arborist's license
from the State of Maine.
§ 295-5. General duties of Arborist; alternate arborist. [Amended 5-21-2018 by Ord. No.
2018-69]
The Municipal Arborist shall have the authority to promulgate the rules and regulations of
the arboricultural specifications and standards of practice governing the planting, maintenance,
removal, fertilization, pruning, and bracing of trees on the streets or other public sites in the
municipality and shall direct, regulate, and control the planting, maintenance, and removal of all
trees growing now or hereafter in any public area of the City of Westbrook. He They shall cause
the provisions of this article to be enforced. In his their absence, these duties shall be the
responsibility of a qualified alternate designated by City administration.
§ 295-6. Authority and responsibilities of Arborist generally. [Amended 5-21-2018 by Ord.
No. 2018-69]
A.

Ensure safety and preserve aesthetics. The Municipal Arborist shall have the authority and
jurisdiction of regulating the planting, maintenance, and removal of public trees on streets
and other publicly owned property to ensure safety or preserve the aesthetics of such public
sites.

B.

Supervise and inspect. The Municipal Arborist shall have the authority and it shall be his their
duty to supervise or inspect all work done under a permit issued in accordance with the terms
of this article.

C.

Affix conditions to permits. The Municipal Arborist shall have the authority to affix
reasonable conditions to the granting of a permit in accordance with the terms of this article.

D.

Formulate master street tree plan; contents, effect of plan. The Municipal Arborist shall have
the authority to formulate a master street tree plan with the advice of the Recreation and
Conservation Commission. The master street tree plan shall specify the species of trees to be
planted on each of the streets or other public sites of the municipality. From and after the
effective date of the master street tree plan, or any amendment thereof, all planting shall
conform thereto.
(1) Consideration of utility and environmental factors. The Municipal Arborist shall
consider all existing and future utility and environmental factors when recommending a
specific species for each of the streets and other public sites of the municipality.
(2) Amendments. The Municipal Arborist, with the advice of the Recreation and
Conservation Commission, shall have the authority to amend or add to the master street
tree plan at any time that circumstances make it advisable.

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Recreation & Sustainability Committee Amendment

CC 1st & Final Reading 10.19.26

§ 295-7. Permits generally.
A.

Planting, maintenance or removal generally.
(1) No person shall plant, spray, fertilize, preserve, prune, remove, cut above ground, or
otherwise disturb any tree on any street or municipally owned property without first
filing an application and procuring a permit from the Municipal Arborist or otherwise
specified municipal authority. The person receiving the permit shall abide by the
arboricultural specifications and standards of practice adopted by the Municipal
Arborist. In emergency situations, such as storm damage to trees, requiring immediate
pruning or removal, the work may be done; however, the Arborist must be informed of
such action within two days thereafter.
(2) Application for permits must be made at the office of the Municipal Arborist not less
than 48 hours in advance of the time the work is to be done.
(3) Standards of issuance. The Municipal Arborist shall issue the permit provided for herein
if, in his their judgment, the proposed work is desirable and the proposed method and
workmanship thereof are of a satisfactory nature. Any permit granted shall contain a
definite date of expiration and the work shall be completed in the time allowed on the
permit and in the manner as therein described. Any permit shall be void if its terms are
violated.
(4) Notice of completion shall be given within five days to the Municipal Arborist for his
their inspection.

B.

Planting:
(1) Application data. The application required herein shall state the number of trees to be
set out; the location, grade, species, cultivar or variety of each tree; the method of
planting; and such other information as the Municipal Arborist shall find reasonably
necessary to a fair determination of whether a permit should be issued.
(2) Improper planting. Whenever any tree shall be planted or set out in conflict with the
provisions of this section, it shall be lawful for the Municipal Arborist to remove or
cause removal of the same, and the exact cost thereof shall be assessed to the owner as
provided by law in the case of special assessments.

C.

Maintenance:
(1) Application data. The application required herein shall state the number and kinds of
trees to be sprayed, fertilized, pruned, or otherwise preserved; the kind of treatment to
be administered; the composition of the spray material to be applied; and such other
information as the Municipal Arborist shall find reasonably necessary to a fair
determination of whether a permit should be issued.

D.

Removal, replanting and replacement:
(1) Whenever it is necessary to remove a tree or trees from a tree lawn in connection with
the paving of a sidewalk, or the paving or widening of the portion of a street or highway
used for vehicular traffic, the municipality shall replant such trees or replace them.
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Recreation & Sustainability Committee Amendment

CC 1st & Final Reading 10.19.26

Provided that conditions prevent planting on tree lawns, this requirement will be satisfied
if any equivalent number of trees of the same size and species as provided for in the
arboricultural specifications are planted on the adjoining property.
(2) No person or property owner shall remove a tree from the tree lawn for the purpose of
construction, or for any other reason, without first filing an application and procuring a
permit from the Municipal Arborist, and without replacing the removed tree or trees in
accordance with the adopted arboricultural specifications. Such replacement shall meet
the standards of size, species, and placement as provided for in a permit issued by the
Municipal Arborist. The person or property owner shall bear the cost of removal and
replacement of all trees removed.
§ 295-8. Abuse, mutilation or unauthorized removal of public trees.
Unless specifically authorized by the Municipal Arborist, no person shall intentionally damage,
cut, carve, transplant or remove any tree; attach any rope, wire, nails, advertising posters, or other
contrivance to any tree; allow any gaseous liquid or solid substance which is harmful to such trees
to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof
will injure any portion of any tree.
§ 295-9. Interference with Municipal Arborist.
No person shall hinder, prevent, delay, or interfere with the Municipal Arborist or any of his their
assistants while engaged in carrying out the execution or enforcement of this article; provided,
however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy,
legal or equitable, in any court of competent jurisdiction for the protection of property rights by
the owner of any property within the municipality.
§ 295-10. Protection of public trees.
A.

All trees on any street or other publicly owned property near any excavation or construction
of any building, structure, or street work shall be guarded with a good substantial fence, frame,
or box not less than four feet high and eight feet square, or at a distance in feet from the tree
equal to the diameter of the trunk in inches diameter at breast height (DBH), whichever is
greater, and all building material, dirt, or other debris shall be kept outside the barrier.

B.

No person shall excavate any ditches, tunnels, or trenches or lay any drive within a radius of
10 feet from any public tree without first obtaining a written permit from the Municipal
Arborist.

§ 295-11. Impeding free passage of water, air and fertilizer to roots of trees.
No person shall deposit, place, store, or maintain upon any public place of the municipality any
stone, brick, sand, concrete, or other materials which may impede the free passage of water, air,
and fertilizer to the roots of any tree growing therein, except by written permit of the Municipal
Arborist.

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Recreation & Sustainability Committee Amendment

CC 1st & Final Reading 10.19.26

§ 295-12. Authority of Municipal Arborist to promulgate rules and regulations.
The Municipal Arborist shall have the authority to promulgate the rules and regulations of
the arboricultural specifications and standards of practice governing the planting, maintenance,
removal, fertilization, pruning, and bracing of trees on the streets or other public sites in the
municipality.
ARTICLE II
Green Space
§ 295-13. Purpose.
The purpose of this article is to identify publicly owned parcels that provide value for the purposes
of public recreation, timber harvesting, wildlife habitat, environmental protection, and/ or affiliated
educational use. Such parcels shall be designated “Green Space” as permitted under this article.
§ 295-14. Applicability.
A.

This article shall apply to all parcels designated as green space.

B.

A list of all green space designated parcels shall be kept on file with the Assessor's office.

§ 295-15. General provisions.
A.

Management plans.
(1) The Recreation and Conservation Commission may develop and recommend
management plan for a green space designated parcel, subject to the approval of City
Council. Such management plans shall A management plan for a Green Space designated
parcel may be developed upon request of the Mayor and subject to approval by the City Council.
The management plan shall define the significance of the parcel as it relates to this article
and may include restrictions on the development or use of such the parcel.

B.

Development review.
(1) To ensure compliance with the purpose of this article, the For Green Space designated
parcels, the Recreation and Sustainability Committee Recreation and Conservation
Commission shall review for and provide a recommendation on any proposed proposal
for a new use, construction or development on a green space designated parcel to ensure
that the construction or development is consistent with the intent of the parcel’s green
space designation, except for:
(a) General maintenance and repair of existing structures or facilities.
(b) Work associated with subsurface utilities, which may include but is not limited to
the installation, expansion, maintenance, repair or removal of public or private
utility services.
(2) A recommendation from the Recreation and Conservation Commission on any new use,
construction, or development on a green space designated parcel that requires review
under § 295-15B(1) is required. In the event that a negative recommendation is provided
by the Recreation and Sustainability Committee Recreation and Conservation
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Recreation & Sustainability Committee Amendment

CC 1st & Final Reading 10.19.26

Commission related to construction or development on a Green Space designated parcel,
the City Council would then be required to review and approval confirm the Green Space
intent for the new construction or development for the project to move forwardby the
City Council is required.
C.

Sale of a green space designated parcel.
(1) No parcel designated as green space shall be sold or otherwise transferred unless:
(a) The green space designation is removed in accordance with § 295-16; or
(b) The land is conveyed to a certified land trust. The green space designation shall be
removed upon conveyance of land to a certified land trust.
[1] The green space designation shall be removed upon conveyance of land to a
certified land trust.

§ 295-16. Designation of green space.
A.

The Recreation and Sustainability Committee Recreation and Conservation Commission shall
inventory property held by the City and may recommend parcels to be dedicated solely to the
purposes of this article. Such recommendations shall be submitted to the Planning Board.

B.

The Planning Board shall review all parcels recommended by the Recreation and
Sustainability Committee Recreation and Conservation Commission for green space
designation and shall provide a recommendation to the City Council.

C.

The City Council shall review the recommendations of both the Recreation and Sustainability
Committee Recreation and Conservation Commission and the Planning Board. Dedication
shall require a two-thirds 2/3 vote of the City Council.

D.

The Recreation and Conservation Commission may recommend the acquisition of land to be
designated as green space, subject to the approval of City Council.

§ 295-17. Removal of land from green space designation.
A.

The removal of a green space designation, in whole or in part, shall require a twothirds 2/3 favorable vote of each of the following City boards:
(1) A.Recreation and Sustainability Committee Recreation and Conservation
Commission,
(2) B. Planning Board, and
(3) C. City Council.

Or
B.

Through conveyance to a certified land trust per §295-15.C(1)(b), the green space
designation is automatically removed.

§ 295-18. Schedule of Green Space Parcels property dedicated to forest.
The schedule of green space designated parcels is on file in the Assessing Department.
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Recreation & Conservation Commission
Executive Summary
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 & Conservation
Commission, staff recommend a repeal and replacement of Chapter 7, Article III, Recreation &
Conservation Commission, and amendments to Chapter 295, Article I, Trees, and Article II, Green
Space. This modification would sunset the current Recreation & Conservation Commission and
create a new Parks & Recreation Committee to resolve the historical legal conflicts with the current
language, retain the core intended functionalities of the original body, and enhance clarity
concerning purpose, authority, and duties.

History
In the State of Maine, Parks and Conservation Commission statutes were originally created in the
1960s. The statutes authorized municipalities to establish these minor elected bodies and to
delegate authority to the Commissions as a method to address sprawl and fallow public land. State
statute was later amended to require legislative body approval for acquisitions and expenditures,
and to allow for the appointment (rather than election) of Commission members. These statutes
allowed for legislatively created Parks & Recreation Departments for all municipalities and were of
particular use to municipalities that did not have this internal departmental structure or capacity.
The Commissions were intended to serve in an advisory capacity and to provide input on larger
planning and development initiatives, and the State statute outlined powers and duties that could
be delegated to these Commissions, unless otherwise provided for under home rule authority.
Westbrook adopted a Recreation & Conservation Commission ordinance in 1970, which primarily
reflected the Powers and Duties outlined in State law that municipalities could choose to delegate
to the Commission. However, many of the Powers and Duties carried over from State statute
into this municipal Ordinance conflict with the provisions of the Charter, as they assign
operational (departmental), executive (mayoral), and legislative (Council) authority to an advisory
body. Westbrook’s ordinance was later amended in 1987 and in 2018, but these amendments did
not address the core conflicts with the Charter. The various caveats within the ordinance regarding
City Council or Mayoral approval over decisions do not clearly limit functions or authority, thus
causing conflict. While the nature of Westbrook’s municipal operations and capacity shifted and
expanded over the decades, the ordinance relating to the Commission retained these conflicting
elements. This has led to frustration and unclear expectations as members have sought to
understand and fulfill the Commission’s role within Westbrook’s municipal governance in the midst
of unclear guidance. The lack of clarity within the ordinance further complicates staff’s relationship
with the Commission, as it is unclear when and how staff should rely upon and include the
Commission in project review, causing frustration within members by being underutilized or not
included at all.
Despite these challenges, the Commission has brought engaged, talented, and civic-minded
community members together over the years to work toward making our municipality a better place
for current and future residents. As identified by both members and staff, key strengths within the
group and historical successes are centered in providing community perspective and
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recommendations to maximize the value of our outdoor recreational spaces, initiatives,
investments, and projects. This includes advisory review of open space and recreation projects,
recommendations regarding fee-in-lieu funds, and support for conservation and outdoor recreation
initiatives. Examples include the following:
•
•
•

•

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 nextstep 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
17th, and September 30th to discuss the ordinance review project and receive feedback from the
Commission members on the strengths, challenges, successes, wants, and concerns of the body.
That feedback is enclosed for reference.
The newly proposed ordinance is intended to provide clear guidance on the body’s purpose, scope
of authority, and duties, while retaining the core advisory and review functions from the original
ordinance. These edits are intended to provide the desired structure, clarity, and direction for the
energy of our community members volunteering their time to serve Westbrook.

Purpose
Review Questions:
Is it clear what this body is intended to accomplish? Is the body’s involvement appropriate and
sufficient for the assigned purpose? Does the purpose of the body support and enhance
departmental operations? Are there any conflicts in purpose with any other law or ordinance? Are
any limitations in purpose unclear?
Staff Comments:
•

The ordinance does not define the purpose of the Commission.

Recommendations:
•

See summary recommendation at the end of this document.
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Membership
Review Questions:
Are the membership criteria and required experience/qualifications appropriate? Is the board right
sized to accomplish its purpose? Does the number of members balance the need for appropriate
representation with efficiency in operations?
Staff Comments:
•
•

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
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.” Conflicts
with the Mayor’s executive authority over City departments, and the requirement for
departments to comply to the extent possible within budgets creates confusion in
chain of command, municipal project and investment prioritization, and the
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budgetary process.

•

o

“Shall have the power to. . .Conduct recreation activities on all City and school
property in cooperation with City departments and the School Department.” The use
of “shall” invites conflict over whether cooperation of City and School departments
is required and does not accommodate the structure of Westbrook’s municipal
governance concerning the authority of the Mayor, City Council, or in this instance
the School Committee.

o

“May. . .acquire by purchase or gift land and/or conservation easements in the name
of the City. . .subject to the approval of the City Council.” This authority is
specifically limited by the requirement for Council approval but is problematic as
the Charter states that only the Council may take action to acquire land, nor should
members of an advisory body conduct negotiations on behalf of the City. While the
Commission may recommend the purchase or acquisition, the Commission cannot
make the purchase or acquisition, even with Council approval; the Council cannot
delegate that authority to another body. In addition, any recommendation to acquire
land would require appropriate vetting through municipal departments to ensure
that the City is not acquiring problematic interests or liability.

o

“May. . .seek to coordinate the activities of other conservation bodies organizes for
similar purposes.” Clarity is required, as this section implies the ability to exercise
control over the activities of other conservation bodies. While it is appropriate to
seek to coordinate activities with other bodies, it would not be appropriate to
coordinate the activities of other bodies.

o

“May. . .initiate critical environmental studies and projects.” The initiation of studies
and projects implies the ability to direct the work and resources of municipal
departments, which conflicts with the authority of the Mayor. While providing
feedback or suggesting priorities falls within the scope of advisory bodies, initiating
the work and thereby directing the priorities conflicts with Westbrook’s structure of
municipal governance.

o

“. . .[M]ay solicit and receive federal and/or state grants of funds and private gifts or
bequests to be used. . .for municipal and area recreational and/or conservation
purposes. . .” Conflicts with Council’s appropriation process and Mayor’s veto
authority over appropriations. Grants, gifts, and bequests require due diligence prior
to application to ensure conditions of approval do not create unintended financial
or operational obligations without Mayoral or Council approval.

Requires the creation of an annual report of the Commission.

Recommendations:
•

See summary recommendation at the end of this document.

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Scope of Authority
Review Questions: Is the scope of decision-making authority clear and consistent with State law
and/or the Charter? Do any areas of conflict exist?
Staff Comments:
•

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:
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See summary recommendation at the end of this document.

Page 5 of 6

Page 93 of 114

Summary Recommendations
The strengths and successes of this body 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 the same.
The following recommendations are intended to resolve conflicts with the Charter and Code while
preserving the Commission's most effective and successful functions.
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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.
Page 6 of 6

Page 94 of 114

FEEDBACK FROM THE RECREATION & CONSERVATION COMMISSION
Category

Strengths

Feedback
Power of suggestion
Collaboration with partner agencies such as Portland Trails, Presumpscot Regional Land Trust, Westbrook Trail Blazes
Acting as a go-between for the community and funding requests for recreation purposes
Reviewing open space proposals
Makign suggestions to improve housing development plans and to allocate funding reflective of community needs
Representing citizen needs for allocation of funds relative to green spaces, recreational spaces
Funding allocations get projects across the finish line, with the goal of creating recreation in the City
Idea generation, relying on staff to educate the Commission on how to make those ideas happen
Public representation and community engagement
Adding value to recreational projects by ensuring community feedback is included
Direct conservation, purchasing land on behalf of the City (around City Forest), making financial contributions to land purchases, and transferring
undevelopable portions of land to the City . Contributing to the Conant parcel purchase, contributing to the Suckfish Brook Conservation Area purchase,
and (formerly) encouraging developers to place land in conservation by transferring undevelopable portions of land to the City, i.e. large piece of land
behind the Apple Cinema (formerly Cinemagic
Administrative development through creating an index of green spaces, former updates to the ordinance regarding Rec & Con's roles
Funding matches for critical projects - Mill Brook, Hawkes Preserve, Blue Spruce development and trails, Walker Field lighting, Cornelia Warren Outdoor
Recreation Area improvements, Lincoln Street rink
Putting protections on City-owned property through the green space designation on parcels, Council & Planning Board have to agree before green space
parcels can be developed
The City has no Parks & Recreation Department, Commission fills that void
Conservation Commissions in smaller communities tend to have greater scope of work where there is less staff to do the work themselves, but in a larger
community the task is primarily supporting other groups that conduct the work
Responsible stewards of the open space funds
Conscientious investment in recreational and open space projects
Being a Commission with the highest participation, so much so that the city would like to get rid of our associate members who until recently, we have had a
full board of and have always met quorum to keep things moving forward.

Page 95 of 114

Category

Feedback
Lack of power and authority
Priorities of the Commission are not always reflected in departmental operations
Lack of knowledge of municipal oeprations and government structure
Lack of clarity regarding who the Commission is supposed to be working with relating to City staff
Commission used to generate its own work, now it reviews work that staff generates for Commission feedback
City is not looking at areas that are undeveloped to add to the inventory of green spaces
Need to work on an open space plan, but delayed as staff are working on the Comprehensive Plan

The Comprehensive Plan needs to be updated before considering amendments to the Recreation & Conservation Commission ordinance
Some members joined because the body is a Commission, not a Committee, and had the ability to pursue opportunities for land acquisition, improve open
space, and reach out to stakeholders for potential agreements and collaboration
Disconnect exists between what the Commission wants and what the Administration wants
Challenges Lack of communication and lost opportunity for input regarding sale of City land, development of recreational land, City forest
State statute grants more power to the Commission that has been exercised or the City allows the Commission to exercise.
State Conservation Commission structure gives more autonomy over certain things like projects we chose to pursue and funding opportunities like grants,
than the City currently allows us.
Challenges between indexing open space and advertising to private property owners for conservation of open space
Tension between independence and City authority - have gone from a group of people that had to make do on their own with limited staff guidance to a
group that has staff-led agenda items
Missed opportunities to engage with the public through social media
Expenditures all need to go through City Council for approval
Unclear goals and expectations
Lack of online visibility
Not being able to acquire private land for conservation
Commission does not have enough community engagement opportunities

Page 96 of 114

Category

Wants

Feedback
Want more social media presence to alert community of the work of the Commission
Want to be more engaged with the community relative to information sharing (social media presence, opportunities to learn about what the Commission is
doing), not necessarily programmed activities
Want to be more engaged with the community with programmed activities, not necessarily information sharing
Wants ability to draft ordinances (e.g. dark sky ordinance, pesticide ordinance, heritage tree ordinance)
Want to be an asset to the City, making it a better place for community
Want to be an asset to the City, the City does not want a rogue commission, City needs to set expectations on what the Commission can and can't do,
eliminating disagreement on roles and responsibilities
Want the group to have citizen-initiated ideas and independence, based on the talents and experience of the members
Want to be more nimble, consider whether purchasing authority can be granted to the Commission under a certain dollar threshold without having to go to
City Council for approval.
Annual workshop for all board, commissions, and committees - City should provide more guidance on structure, municipal operations
More communication when recreation-related investments are proposed
City needs a Parks & Recreation Department that the Commission could coordinate with
To increase connection with the public without increasing volunteer time.

Page 97 of 114

Category

Concerns

Feedback
Any proposed amendment that requires more community engagement puts too much work on one body. The body can either be events and action focused,
or policy and review focused, but not both.
Concerned about potential loss of conservation focus
Sustainability could be its own committee
City's review process is heavy handed and bureaucratic
Concern about loss of Commission as a title. Commission is an entity that makes decisions on what could be improved or disallowed. Committee is a group
of volunteers. Loss of title perceived as disrespectful. Committee is a child to a parent organization. Commission is policy creation.
Changing the title from Commission to Committee feels like diminishing the power of the body
No concern with a change in title from Commission to Committee. Commissions are common in smaller towns where you don't have robust staff,
Committees more common when you have staff support
Keep the number of members as-is
Okay to eliminate the 3 Alternate member positions
Schedule a special meeting of the commission to implement a strategy and to bring it forth to the City Council free of staff opinion. What looks like an
attempt for unelected bureaucrats to consolidate power and decision making thus reducing citizen input should not be taken lightly. To do so in
consideration that the comprehensive plan still has not been updated is unconscionable
Understand the drive to streamline and improve, but starting with an axe as your only tool is an ineffective approach. It has already been identified that our
COMMISSION is different, and different tools are clearly needed.

Page 98 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

Date: October 19, 2026
Order: 2026-117
Approving Mass Gathering Permit & Road Closure for Halloween on Main Street
That the Westbrook City Council hereby approves the Mass Gathering Permit (Major) for
Halloween on Main Street 2026 & further approves the street closure of Main Street from Spring
Street to Bridge Street between the hours of 4:15pm-6:00pm on Friday, October 30, 2026.
First & Final Reading: October 19, 2026

Attest:

______________________________________
City Clerk

______________________________________
Mayor

Page 99 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

REQUEST FOR COUNCIL ACTION
PROPOSED TITLE: Approving Mass Gathering Permit & Road Closure for Halloween on
Main Street
REQUESTED BY:
DATE:

10/19/2026

SUMMARY:
This is a request to approve a mass gathering permit (major) for Halloween on Main Street
2026. Due to the expected attendance level of (1,000+) attendees, this event requires City
Council approval. This event is an annual event, hosted by Westbrook Together, and has been
reviewed by the event permit committee (EPC) and is recommending this application for Council
action. Further, this request approves the street closure of Main St, between Spring Street and
Bridge Street, from 4:30pm-6:00pm on Friday, October 30th.
Per the recommendation of the Westbrook Police Department, no on-street parking on Main
Street, between Spring Street & Bridge Street, will be allowed after 11am on October 30th.
Additionally, the Westbrook Police Department has notified both METRO and Westbrook
Housing Authority of these closures.
The Westbrook Police, Fire, and Public Services departments are prepared to assist with traffic
planning & control to ensure a safe event for all vendors and attendees.

Page 100 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

Date: October 19, 2026
Order: 2026-118
Authorizing Acceptance & Expenditure of Bureau of Highway Safety Grant Funds
That the Westbrook City Council hereby authorizes the acceptance and expenditure of a Maine
Bureau of Highway Safety Grant in the amount of $40,351.60 for various traffic safety initiatives,
as outlined in the attached exhibit.
Grant funds to be credited to revenue line 22002110-43100-02210 (Police Grants - Federal
Grants)
Expenditure to be deducted from expense line 22002110-51300-02210 (Police Grants - Salaries
Overtime)
First Reading: October 19, 2026
Second & Final Reading: November 2, 2026

Attest:

______________________________________
City Clerk

______________________________________
Mayor

Page 101 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

REQUEST FOR COUNCIL ACTION
PROPOSED TITLE: Authorizing Acceptance & Expenditure of Bureau of Highway Safety
Grant Funds
REQUESTED BY:

Steve Goldberg

DATE:

10/19/2026

SUMMARY:
The Westbrook Police Department has applied for and received grant funding from the Maine
Bureau of Highway Safety for several traffic safety initiatives. The initiatives and funding
attached to each initiative are as follows:
• Drug Recognition Expert and Forensic Phlebotomist Training and Callouts — $4,759.60
• NHTSA Impaired Driving Campaigns + Drive Sober Maine + RIDE Team - $6,234.00
• Speed and Aggressive Driving Enforcement — $12,468.00
• Pedestrian/Motor Vehicle Traffic Enforcement — $10,390.00
• Crash Reconstructionist Training — $6,500.00

Page 102 of 114

Page 103 of 114

Page 104 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

Date: October 19, 2026
Order: 2026-119
Authorizing a Drainage Easement at 41 Brown Street
That the Westbrook City Council hereby authorizes the Mayor or designee to enter into a
Drainage Easement Agreement with Portland Water District for maintenance and replacement
of a culvert as outlined in the attached exhibit.
First Reading: October 19, 2026
Second & Final Reading: November 2, 2026

Attest:

______________________________________
City Clerk

______________________________________
Mayor

Page 105 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

REQUEST FOR COUNCIL ACTION
PROPOSED TITLE: Authorizing a Drainage Easement at 41 Brown Street
REQUESTED BY:

Katherine Kelley

DATE:

10/19/2026

SUMMARY:
The Department of Engineering and Public Services requests authorization to enter into an
easement agreement with the Portland Water District so that we may replace and maintain a
failing culvert located across Brown Street that goes from 41 Brown Street into the Presumpscot
River. The City is currently under contract with Sebago Technics for the design of the new box
culvert, but needs this easement from the Portland Water District to complete the work and
maintain the culvert in the future.

Page 106 of 114

RECORDING REQUESTED BY
AND AFTER RECORDING RETURN TO:
Michael L. Lane, Esq.
Preti Flaherty
45 Memorial Circle
P.O. Box 1058
Augusta, ME 04330

EASEMENT
The PORTLAND WATER DISTRICT, a quasi-municipal corporation organized under
the laws of the State of Maine (“PWD”), for consideration paid, the receipt and sufficiency of
which is hereby acknowledged, grants to the CITY OF WESTBROOK, a Maine municipal
corporation, having a mailing address of 2 York Street, Westbrook, Maine 04092 (“City”), the
perpetual, non-exclusive easement in gross on, in, under, through, across and above a portion of
the land of PWD described herein (the “Easement Area”) for the location of a concrete box
culvert TOGETHER WITH the rights and easements to install, locate, construct, repair,
maintain, replace, improve and use a concrete box culvert and all appurtenances thereto.
TOGETHER WITH the rights and easements to access the same with persons, vehicles, and
equipment from public roads. FURTHER TOGETHER WITH the rights and easements to place
and remove fill, place riprap, excavate and clear a channel, and otherwise flow and drain surface
waters on, in, under, through, across and above the property of the PWD depicted on the sketch
attached as Exhibit A and made a part hereof, being a portion of the land of Portland Water
District, described in the deed from Gerald C. Fluett, dated March 16, 1955 and recorded in the
Cumberland County Registry of Deeds, Book 3308, Page 112, and also being depicted as Tax
Map 39, Lot 219.
The City shall, following the undertaking of any activities within the Easement Area,
restore the surface of the land to substantially the condition existing prior to the undertaking of
such activities, except to the extent that any changes are directly required for the permanent
installation and operation of the concrete box culbert and associated drainage improvements.
{P2715677.1}

1
25922330.2

Page 107 of 114

The City shall at all times maintain the concrete box culvert and all appurtenances in good repair
and safe condition at the City’s sole cost and expense.
[Balance of this page has been left intentionally blank. Signature page to follow.]

{P2715677.1}

2
25922330.2

Page 108 of 114

IN WITNESS WHEREOF the undersigned being the duly authorized officer of the
Portland Water District has signed and delivered this easement as of this ___ day of
______________ 2026.
PORTLAND WATER DISTRICT
By:
Print Name:
Its:
Duly authorized
STATE OF MAINE
COUNTY OF CUMBERLAND

, 2026

Then personally appeared the above-named
,
of the Portland Water District, and acknowledged the foregoing instrument to be his/her free act
and deed in his/her said capacity and the free act and deed of said District.
Before me,

Notary Public/Maine Attorney-at-law
Print Name:
Commission Expires:
(Affix notarial seal)

{P2715677.1}

3
25922330.2

Page 109 of 114

(Proposed) EXHIBIT A

{P2715677.1}

4
25922330.2

Page 110 of 114

{P2715677.1}

5
25922330.2

Page 111 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

Date: October 19, 2026
Order: 2026-120
Amending the Land Use Ordinance Regarding Data Centers
That the Westbrook City Council hereby amends the Westbrook Code of Ordinances Land Use
Ordinance §335-1.8 Definitions, New Section §335-2.9.1 Data Centers and §335-6.12.B
Contract Zone 12, Rock Row Contract Zone Permitted Uses to prohibit Data Centers as a
principal use, as outlined in the attached exhibit.
First Reading: October 19, 2026
Second & Final Reading, Public Hearing: November 2, 2026

Attest:

______________________________________
City Clerk

______________________________________
Mayor

Page 112 of 114

CITY OF WESTBROOK, MAINE
IN CITY COUNCIL

REQUEST FOR COUNCIL ACTION
PROPOSED TITLE: Amending the Land Use Ordinance Regarding Data Centers
REQUESTED BY:

Rebecca Spitella

DATE:

10/19/2026

SUMMARY:
On June 1st the Westbrook City Council adopted an 180-day moratorium on new data center
projects while referring this item to the Planning Board to study and review Westbrook’s existing
ordinance language/allowances and provide a recommendation to Council on whether any
enhanced or limited standards should be incorporated into our Ordinance.

Currently, Data Centers are a defined use and are only permitted within Contract Zone 12 (Rock
Row Contract Zone). The Planning Board reviewed differing types and sizes of Data Centers as
well as potential opportunities and negative impacts of Data Centers, specifically as it relates to
water use/discharge, energy demands, noise and economic development. The Board also
discussed potential regulations that would be more appropriate at a State level and regulatory
strategies that have been implemented in other areas where growth of Data Centers is more
prominent.
Following their September workshop, the Planning Board is recommending a prohibition on
Data Centers as a principal use. This will allow for accessory Data Centers to remain where the
Data Center is serving an on-premises legal principal use (ex: server rooms). Staff provided the
Board with draft language that clarifies the definition of Data Centers, specifically permits them
only as accessory and removes the use from Contract Zone 12. This item will require a public
hearing to be held prior to second reading in November.
The Planning Board held a workshop on September 1, 2026 and a Public Hearing on
October 6, 2026. At their October meeting the Board provided a unanimous
recommendation to the City Council for adoption of the amendment.

Page 113 of 114

§335-1.8 Definitions

Data Centers
City Council
October 19, 2026 – 1st Reading

Data Center
A facility used to store computer systems and associated components, such as
telecommunications and storage systems. One or more buildings or spaces on a property that
house networked computer systems and associated equipment, such as servers, network
hardware, data storage, power generation or cooling systems, to process and manage data. A “Data
Center” shall not be considered a “Utilities” use.
§335-2.9.1 Data Centers (new section)
Data Centers may only be permitted as an Accessory Use.
§335-6.12.B Contract Zone 12, Rock Row Contract Zone Permitted Uses
Data Center

Page 114 of 114