N.Y. General Municipal Law § 239-x: Creation of conservation advisory council

§ 239-x. Creation of conservation advisory council. 1. The local

legislative body of any city, town or village may create a conservation

advisory council, hereafter called the council, to advise in the

development, management and protection of its natural resources. Such

council shall direct itself toward accomplishing the following:

(a) Conduct researches into the land area of the municipality for

which it was created;

(b) Seek to coordinate the activities of unofficial bodies organized

for similar purposes and to cooperate with other official municipal

bodies active in the area of community planning for the particular

municipality;

(c) It may advertise, prepare, print and distribute books, maps,

charts, plans and pamphlets which in its judgment it deems necessary for

its work;

(d) It shall keep an inventory and map as defined in section two

hundred thirty-nine-y of this article, of all open areas within the

municipality with the plan of obtaining information pertinent to proper

utilization of such open lands including lands owned by the state, any

other municipality within the state or by the particular municipality

itself;

(e) It shall keep an inventory and map of all open marsh lands, swamps

and all other wet lands in a like manner, and may recommend to the

governing body of the municipality a program for ecologically suitable

utilization of all such areas;

(f) It shall keep accurate records of its meetings and actions and

shall file an annual report with the local legislative body of the

municipality on or before the thirty-first day of December of each and

every year. Once approved, such legislative body shall forward a copy of

this report to the state commissioner of environmental conservation;

(g) In addition to the foregoing, carry out any other duties, tasks,

or responsibilities, consistent with the objectives of this article,

assigned to it by resolution of the local legislative body creating the

said council.

2. When authorized by resolution of the local legislative body, a

council may accept by gift, grant, bequest, or otherwise, money or other

personal property in the name of the municipality, for use in

furtherance of the provisions of this act. A local legislative body may

accept by gift, conditional or unconditional, grant, devise or

otherwise, real property in fee, or any lesser interest, including

conveyance with limitations or reversions, for the purposes of this act.

In addition, upon the written recommendation of the council the local

legislative body may acquire by purchase in fee or any lesser interest,

through negotiation or by condemnation, such real or personal property

as may be needed to fulfill the purpose of this act.

3. Such council shall consist of not less than three nor more than

nine members who shall be appointed by the local legislative body and

serve at the pleasure of such body for a term not exceeding two years.

Such local legislative body may, notwithstanding any inconsistent

provision of law, appoint up to two members to the council who are

between the ages of sixteen and twenty-one.

4. The presiding officer or chairman of the council shall be

designated by the local legislative body from among the members so

appointed to the council. The local legislative body shall have

authority to remove any member of said council so appointed for cause,

after a public hearing, if requested. A vacancy shall be filled for the

unexpired term in the same manner as an original appointment.

The local legislative body may provide for compensation to be paid to

the members of the council and may provide for the payment of the

expenses of the members of the council actually and necessarily incurred

in the performance of their duties. Such council may appoint such

employees as it may from time to time see fit, all within appropriation

made therefore.

5. In the case where the local legislative body is a town board, such

salaries, charges and expenses so permitted by an appropriation of the

town board for such council shall be a charge upon the taxable property

of that part of the town outside of incorporated villages and shall be

assessed, levied and collected therefrom in the same manner as other

town charges.

6. To assist a council in carrying out its functions, powers and

duties, it may request the department of environmental conservation to:

(a) prepare reports outlining objectives, priorities and proposed

relationships of the council to the local legislative body;

(b) prepare description of work to be undertaken, advantageous

techniques to be used and suggested roles of council members;

(c) provide research on conservation facts and procedures;

(d) provide, on a consulting basis, technical and research assistance

as may be required to assist the council in carrying out its work and to

enable the council to offer recommendations to the local legislative

body;

(e) describe particular areas of natural resources within the city,

town or village, as the case may be, which require particular attention

by the council.

7. Within thirty days following the establishment of a council,

written notification thereof shall be sent by the local legislative body

to the state commissioner of environmental conservation.

8. Any conservation advisory council heretofore created pursuant to

the provisions of section sixty-four-b of the town law is hereby

continued with the same powers and duties as when originally created.