2006 New York Code - Broome County Resource Recovery Agency.

 
    §  2047-c*.  Broome  County resource recovery agency. 1. A corporation
  known as the Broome County resource recovery agency  is  hereby  created
  for  the  public  purposes  and  charged  with the duties and having the
  powers provided in this title. The agency shall be a body corporate  and
  politic  constituting  a public benefit corporation. It shall consist of
  seven members, who shall be appointed as follows: (i) six by the  county
  executive,  and  (ii)  one  who  shall  be a member of the Broome county
  legislature appointed by the chairman of  the  county  legislature.  All
  appointments shall be subject to confirmation by the county legislature.
  The  first  members appointed by the county executive shall be appointed
  for the following terms of office: one for a  term  ending  on  December
  thirty-first,  nineteen  hundred  eighty-four;  one for a term ending on
  December thirty-first,  nineteen  hundred  eighty-five;  two  for  terms
  ending  on December thirty-first, nineteen hundred eighty-six; one for a
  term ending on December thirty-first, nineteen hundred eighty-seven; and
  one for  a  term  ending  on  December  thirty-first,  nineteen  hundred
  eighty-eight.  At  least  one  of  the  members of the agency shall be a
  resident of the host community as defined in  this  subdivision  who  is
  recommended to the county executive by the legislative body of said host
  community.    Subsequent  appointments  by the county executive shall be
  made for a  term  of  three  years  ending  in  each  case  on  December
  thirty-first  of  the last year of such term. The first member appointed
  by the chairman of the county legislature shall be for a term ending  on
  December  thirty-first,  nineteen  hundred  eighty-four,  and subsequent
  appointments of a legislative member by the chairman shall be for a term
  of two years ending in each case on December thirty-first  of  the  last
  year  of  such  term.  No  person  who  has  served  as a member for two
  consecutive full terms shall be eligible for reappointment as  a  member
  for  a third term, except after an interval of at least three years. All
  members appointed by the county executive shall continue to hold  office
  until their successors are appointed and qualify. The legislative member
  shall  continue to serve only as long as he or she continues to serve as
  a member of the county legislature. The member who  is  appointed  as  a
  representative  of the host community shall serve only as long as his or
  her  community  remains  the  proposed  or  permanent  host   community.
  Vacancies   shall   be  filled  in  the  manner  provided  for  original
  appointment. Vacancies, occurring otherwise than by expiration  of  term
  of  office,  shall  be  filled  for  the unexpired terms. Members may be
  removed from office for the same reasons and in the same manner  as  may
  be  provided  by  law  for  the  removal  of officers of the county. The
  members of the agency shall receive no compensation for  their  services
  but  shall  be  reimbursed  for  all their actual and necessary expenses
  incurred in connection with the carrying out of  the  purposes  of  this
  title.  The  powers of the agency shall be vested in and be exercised by
  the governing body at a meeting duly called and held and  three  members
  shall  constitute  a quorum. No action shall be taken except pursuant to
  the favorable vote of at least three members.  The  governing  body  may
  delegate  to  one  or more of its members, officers, agents or employees
  such powers and duties as it may deem proper. For the purposes  of  this
  subdivision  "host  community"  shall  be defined as either the proposed
  site set forth in the draft environmental impact statement  prepared  by
  the lead agency in the proceedings under the state environmental quality
  review act, or the permanent site of the proposed project as approved by
  the county legislature.
    2.  The  officers  of  the  agency  shall  consist  of  a  chairman, a
  vice-chairman and a treasurer, who shall be members of the agency, and a
  secretary, who need not be a member of the agency. Such  officers  shall
  be  appointed  by  the governing body and shall serve at the pleasure of
  the governing body. In addition to the secretary, the governing body may
  appoint and, at pleasure, remove such additional officers and  employees
  as  it  may  determine  necessary  for the performance of the powers and
  duties  of  the  agency, which positions shall be in the exempt class of
  civil service and fix and determine  their  qualifications,  duties  and
  compensation,  subject  to  the provisions of the civil service law. The
  governing  body  may  also,  from  time  to  time  contract  for  expert
  professional  services.  The treasurer shall execute a bond, conditioned
  upon the faithful performance of the duties of his  office,  the  amount
  and sufficiency of which shall be approved by the governing body and the
  premium therefor shall be paid by the agency.
    3.  Notwithstanding any inconsistent provision of any general, special
  or local law, ordinance, resolution or charter, no  officer,  member  or
  employee   of  the  state,  any  municipality,  or  any  public  benefit
  corporation, shall forfeit his or her office or employment by reason  of
  his  or  her  acceptance  of  appointment as a member, officer, agent or
  employee of the agency, nor shall service as such member, officer, agent
  or employee be deemed incompatible or  in  conflict  with  such  office,
  membership or employment.
    4.  The  agency  and  its  corporate  existence  shall  continue until
  terminated by law; provided, however, that no such law shall take effect
  so long as the agency shall have bonds or other obligations  outstanding
  unless  adequate provision has been made for the payment or satisfaction
  thereof. Upon termination of the existence of the  agency,  all  of  the
  rights  and  properties  of  the agency then remaining shall pass to and
  vest in the county.
    5. In addition to  any  powers  granted  to  it  by  law,  the  county
  legislature,  from  time  to time, may appropriate by resolution sums of
  money to defray project costs or any other costs  and  expenses  of  the
  agency. Subject to the rights of bondholders, the county legislature may
  determine if the moneys so appropriated shall be subject to repayment by
  the  agency  to  the  county,  and in such event, the manner and time or
  times for such repayment.
    6. It is hereby determined and  declared,  that  the  agency  and  the
  carrying  out  of  its  powers  and  duties  are in all respects for the
  benefit of the people of the county and the state for the improvement of
  their health, welfare and prosperity and that such purposes  are  public
  purposes  and  that  the  agency  is and will be performing an essential
  governmental function in the exercise of the powers conferred upon it by
  this title.