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HomeMy WebLinkAbout1974-10-01-CC-bylaws.pdf i &tun of Texingtnn, lassrzc[Iuseffs J 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 v 4 ° 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. r I Page 2 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 9 � I - I I Page 3 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 Page 4 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, t Page 5 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. r