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MEMORANDUM
1I 'fl/ Td:Wjlter C. O 'Connell, Town Manager 10/4/74 j
DATE: PAGE:
FROM: Angela E. Frick, Chairman SUBJECT* Operating By-Laws
Conservation Commission of the Commission
JG,
Here is a copy of the By-Laws as voted and approved by the
Conservation Commission at their September 24 and October 1
meetings, which I mentioned in our recent conversation. This
action was recommended by the Massachusetts Association of Con-
servation Commissions for adoption by all conservation commissions
throughout the State . '
As its first action under these new By-Laws the Commission unani-
mously voted to appoint Dr. Howard M. Kassler Honorary Member
and Consultant to the Commission in recognition of his outstand-
ing contributions to the Commission and in order to allow for
completion of negotiations already in progress .
de
Angela E. Frick, Chairman 1
AEF esg
CC Board of Selectmen
Town Counsel
Dr. Kassler
OCT - 1974
F-TM-I MP-2M
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° TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
BY-LAWS GOVERNING
OPERATIONS AND MEETINGS
I. NAME AND PURPOSE
A. The name of this organization shall be the Lexington
Conservation Commission, herein called the Commission.
B. The purpose of the Commission is to promote and develop
the natural resources and to protect the watershed resources of the
Town as provided for under C L. , Ch. 40, Sec. 8C as amended. The
Commission will conduct researches into local land areas and de-
velop a plan to accomplish the purpose set forth above. It will
conduct a broad educational program, cooperate with the elected
and appointed Boards and Commissions of the Town and with State
and Federal Natural Resources agencies with regard to natural re-
sources regulations and other regulations imposed by law, and
shall perform other duties as may be imposed by law.
II. ELECTIONS
The officers of the Commission shall be elected from the
membership annually in the first meeting of the Commission in
January or at such other time as may be designated by amendment
of these by-laws. This meeting shall be designated the election
meeting.
The following officers shall be elected Chairman, Vice-
Chairman, and, if an employee of the Commission is not so desig-
nated, Recording Secretary and Financial Secretary.
III OFFICERS
A. Chairman
The Chairman shall, in addition to the duties imposed
by law, preside at all meetings of the Commission at which he is
present, and direct the work of the Commission. This person shall
annually appoint members to committees and designate chairman of
same as provided for under Article V no later than the first meet-
ing of the Commission following the election meeting and shall di-
rect the calling of meetings of the Commission. The Chairman
shall be an ex-officio member of all committees.
B. Vice-Chairman
The Vice-Chairman shall preside at all meetings of the
Commission in the absence of the Chairman, and shall perform all
duties and shall have all powers of the Chairman in case of ab-
sence or incapacity of the Chairman.
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C Recording Secretary
The Recording Secretary shall keep an accurate record of the
proceedings of the Commission, shall send copies of the minutes of meetings
to each member by mail, and shall notify each member of each meeting of
the Commission. This person shall perform all other duties imposed by law,
assigned by the Chairman, or otherwise herein provided
D Financial Secretary
The Financial Secretary shall recommend action on all bills
received by the Commission, insure that the appropriate authorizing sig-
natures are secured on these bills, transmit duly authorized bills to the
appropriate municipal office for disbursement approval required or payment,
and shall coordinate with the city or town Treasurer and Accountant so that
he is prepared to render a report on the status of all funds under the
jurisdiction of the Commission at each meeting, and shall perform all other
duties imposed by law, assigned by the Chairman, or otherwise herein provided.
IV CONSULTANTS AND HONORARY MEMBERS
The Commission may, by vote at any meeting, appoint consultants to
the Commission (see G L. , Ch. 40, Sec. 8C) Such consultants shall not
have the right to vote, nor to represent themselves as official members of
the Commission, but shall have the right to participate in meetings and
activities of the Commission as the Chairman may designate
The Commission may elect Honorary members from former members of the
Commission. Such members shall have the same rights and privileges as con-
sultants
V DUTIES OF MEMBERS
The members of the Commission shall perform the duties and responsi-
bilities as set forth in Massachusetts General Laws, Ch. 40, Sec 8C, as
amended; the Massachusetts Conservation Commission Handbook; and these by-
laws
Members who will be unable to attend a meeting of the Commission
shall notify the Secretary
Members shall make every effort to attend all meetings and perform
all duties assigned by the Chairman.
VI COMMITTEES
Committees may be created by vote of the Commission as such committees
may be needed. These committees shall be responsible for planning within
their specific area of concern and for reporting the results of this planning
to the Commission. They shall act in the name of the Commission only when
directed to do so by vote of the Commission. Committees may include, but
not be limited, to
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A Planning Committee
This committee shall be responsible for the preparation and
updating of natural resource inventories, open space inventories, wetlands �
inventories, and a conservation and passive outdoor recreation plan as
specified in G L. , Ch 40, Sec 8C, and the coordination of these plans
with Community Master Plans or plans of the Planning Board and any Regional
Planning agencies
B Land Acquisition Committee
This committee shall recommend to the Commission specific land
areas to be acquired under the conservation and passive outdoor recreation
plan so as to represent a logical time-phased acquisition program for the
community It shall present to the Commission recommendations for specific
acquisition projects to include engagement of appraisers, land surveyors
and legal counsel as required; sources of financial assistance; and a plan
for proceeding with the acquisition. Upon approval by the Commission, it
shall secure the required services It shall prepare applications for
financial assistance under the Self-Help Program and appropriate Federal
programs, and submit these to the Commission. It shall accomplish other
land activities as approved by the Commission.
C. Information and Education Committee
This committee shall be responsible for the conduct of a public
information and education program designed to further the purposes of the
Commission. It shall seek to coordinate the activities of unofficial bodies
organized for similar purposes as set forth in G. L. , Ch. 40, Sec 8C.
Activities of this committee may include
1 Liaison with School Administration to encourage inclusion
of conservation programs within the educational program, provision of
educational materials to the schools or libraries, development of selected
school sites for conservation education, and presentations on Commission
activities
2 Contact with the news media to encourage continuing public
education in conservation matters and concerns
3 Assistance to unofficial bodies, such as land trusts or
recycling organizations, in the development of cooperative programs
D Land Management Committee
This committee will be responsible for the preparation of plans
for the use of lands under the administrative control of the Commission.
It will prepare regulations governing the use of lands under Commission
control for adoption by the Commission. It will assure that allowable uses
for all legitimate interests of the citizens are considered in plans and
facilities of the community It shall, with the approval of the Commission,
coordinate the construction, installation and maintenance of signs, vehicular
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access ways and controls of same, bridges, dams, wildlife habitat, and
other facilities for improving the availability, accessibility, use and
enjoyment of conservation areas by the public. It shall mark and maintain
trails, boundaries, and access points to such areas, and develop and
publish maps and guides to all conservation areas as directed by the
Commission. It shall provide supervision over all conservation areas,
either by commission members, consultants, Parks and Recreation Department
employees, or paid employees of the Commission as required.
E Pollution Control Committee
This committee shall be responsible for gathering and collating
information and data on all forms of pollution within the community and
shall keep appropriate records of pollution levels It shall coordinate
its activities with other community agencies and unofficial groups concerned
with pollution and lend such assistance to such groups as may be available.
It shall cooperate with the Information and Education Committee so that
students and the general public will be made aware of the pollution problem
in the community and what actions they may undertake to minimize the problem.
VII MEETINGS
The Commission shall hold no less than two meetings each month,
except when a quorum, as defined in Article VIII, is not present. Robert's
Rules of Order (or Cushing's Manual, or other recognized parliamentary
guide) shall govern meeting procedure, when not in conflict with statutes
or these by-laws Notices of meetings will be given by the Recording
Secretary as specified in Article IIIC. Meetings, and notices thereof,
shall comply with the provisions of G L. , Ch. 39, Sec. 23A-C.
VIII QUORUM
In the absence of an existing municipal by-law or ordinance, a
majority of the members of the Commission shall constitute a quorum. A
majority of those present and voting, if a quorum is present, shall be
sufficient to conduct the business of the Commission unless otherwise
specified by statute
IX APPOINTMENTS AND VACANCIES
Original appointments to the Commission are made in accordance with
G L , Ch 40, Sec. 8C, and by the Appointing Authority stated therein. A
vacancy in the membership caused other than by expiration of a term of
office shall be filled as specified in G L., Ch. 40, Sec 8C
X. HEARINGS
When the Commission is required by law tq conduct a public hearing,
a quorum of the members must be present The Commission is required to
conduct a public hearing on any properly executed Notice of Intent filed
under the provisions of the Wetlands Protection Act, G L. , Ch. 131, Sec 40.
The hearing must be held within twenty-one days of receipt of such notice,
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and at least a majority of the Commission must be in attendance A
majority of the Commission must sign the Order of Conditions issued
A record of a hearing shall be kept which shall include a record
of attendance, speakers, the context of testimony given (testimony may be
sworn if desired), and a record of any votes taken. Minutes of the meeting
and the Notice of Intent shall become a part of the record of the hearing.
XI AMENDMENTS
These by-laws may be amended at any regular meeting of the Commission
by a two-thirds vote of the total Commission, provided written notice of
intent to amend is sent to each member of the Commission at least seven (7)
days prior to the meeting at which the proposed action is to be taken.
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