§ 239-X — Creation of conservation advisory council

§ 239-x. Creation of conservation advisory council. 1. The local\nlegislative body of any city, town or village may create a conservation\nadvisory council, hereafter called the council, to advise in the\ndevelopment, management and protection of its natural resources. Such\ncouncil shall direct itself toward accomplishing the following:\n (a) Conduct researches into the land area of the municipality for\nwhich it was created;\n (b) Seek to coordinate the activities of unofficial bodies organized\nfor similar purposes and to cooperate with other official municipal\nbodies active in the area of community planning for the particular\nmunicipality;\n (c) It may advertise, prepare, print and distribute books, maps,\ncharts, plans and pamphlets which in its judgment it deems necessary for\nits work;\n (d) It shall keep an inventory and map as defined in section two\nhundred thirty-nine-y of this article, of all open areas within the\nmunicipality with the plan of obtaining information pertinent to proper\nutilization of such open lands including lands owned by the state, any\nother municipality within the state or by the particular municipality\nitself;\n (e) It shall keep an inventory and map of all open marsh lands, swamps\nand all other wet lands in a like manner, and may recommend to the\ngoverning body of the municipality a program for ecologically suitable\nutilization of all such areas;\n (f) It shall keep accurate records of its meetings and actions and\nshall file an annual report with the local legislative body of the\nmunicipality on or before the thirty-first day of December of each and\nevery year. Once approved, such legislative body shall forward a copy of\nthis report to the state commissioner of environmental conservation;\n (g) In addition to the foregoing, carry out any other duties, tasks,\nor responsibilities, consistent with the objectives of this article,\nassigned to it by resolution of the local legislative body creating the\nsaid council.\n 2. When authorized by resolution of the local legislative body, a\ncouncil may accept by gift, grant, bequest, or otherwise, money or other\npersonal property in the name of the municipality, for use in\nfurtherance of the provisions of this act. A local legislative body may\naccept by gift, conditional or unconditional, grant, devise or\notherwise, real property in fee, or any lesser interest, including\nconveyance with limitations or reversions, for the purposes of this act.\n In addition, upon the written recommendation of the council the local\nlegislative body may acquire by purchase in fee or any lesser interest,\nthrough negotiation or by condemnation, such real or personal property\nas may be needed to fulfill the purpose of this act.\n 3. Such council shall consist of not less than three nor more than\nnine members who shall be appointed by the local legislative body and\nserve at the pleasure of such body for a term not exceeding two years.\nSuch local legislative body may, notwithstanding any inconsistent\nprovision of law, appoint up to two members to the council who are\nbetween the ages of sixteen and twenty-one.\n 4. The presiding officer or chairman of the council shall be\ndesignated by the local legislative body from among the members so\nappointed to the council. The local legislative body shall have\nauthority to remove any member of said council so appointed for cause,\nafter a public hearing, if requested. A vacancy shall be filled for the\nunexpired term in the same manner as an original appointment.\n The local legislative body may provide for compensation to be paid to\nthe members of the council and may provide for the payment of the\nexpenses of the members of the council actually and necessarily incurred\nin the performance of their duties. Such council may appoint such\nemployees as it may from time to time see fit, all within appropriation\nmade therefore.\n 5. In the case where the local legislative body is a town board, such\nsalaries, charges and expenses so permitted by an appropriation of the\ntown board for such council shall be a charge upon the taxable property\nof that part of the town outside of incorporated villages and shall be\nassessed, levied and collected therefrom in the same manner as other\ntown charges.\n 6. To assist a council in carrying out its functions, powers and\nduties, it may request the department of environmental conservation to:\n (a) prepare reports outlining objectives, priorities and proposed\nrelationships of the council to the local legislative body;\n (b) prepare description of work to be undertaken, advantageous\ntechniques to be used and suggested roles of council members;\n (c) provide research on conservation facts and procedures;\n (d) provide, on a consulting basis, technical and research assistance\nas may be required to assist the council in carrying out its work and to\nenable the council to offer recommendations to the local legislative\nbody;\n (e) describe particular areas of natural resources within the city,\ntown or village, as the case may be, which require particular attention\nby the council.\n 7. Within thirty days following the establishment of a council,\nwritten notification thereof shall be sent by the local legislative body\nto the state commissioner of environmental conservation.\n 8. Any conservation advisory council heretofore created pursuant to\nthe provisions of section sixty-four-b of the town law is hereby\ncontinued with the same powers and duties as when originally created.\n