2006 New York Code - Albany County Airport Authority.



 
    §  2779.  Albany  county  airport  authority.  1.  (a) There is hereby
  created the Albany county airport authority. The authority  shall  be  a
  body  corporate  and  politic constituting a public benefit corporation.
  The authority shall consist of seven members who shall be  residents  of
  Albany  county.  The members shall be appointed in the following manner:
  three shall be appointed by the  county  executive  and  four  shall  be
  appointed  by  the  majority  leader  of  the  county  legislature.  All
  appointments must be confirmed by the county legislature  within  thirty
  days  of  the  appointment.  No  more  than four members may be enrolled
  members of the same political party. Of the members initially  appointed
  by  the county executive two each shall serve for a term ending December
  thirty-first, nineteen hundred ninety-six and one shall serve for a term
  ending December thirty-first,  nineteen  hundred  ninety-seven.  Of  the
  members  initially  appointed  by  the  majority  leader  of  the county
  legislature, one shall serve for a term  ending  December  thirty-first,
  nineteen  hundred  ninety-five;  two  each shall serve for a term ending
  December thirty-first, nineteen hundred ninety-six and one  shall  serve
  for  a term ending December thirty-first, nineteen hundred ninety-seven.
  Each member shall serve a term of four years. The  majority  leader  and
  county  executive  shall  jointly  designate one of the seven members to
  serve as the chairperson of the authority. The authority may provide for
  such officers as may be determined necessary and the same  need  not  be
  members of the authority.
    (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this
  subdivision the majority  leader  and  county  executive  shall  jointly
  submit  to  the  county  legislature  the  initial  seven members of the
  authority. Within thirty days, the county legislature  must  approve  or
  disapprove  the  appointment of the entire group of nominees but may not
  reject an individual member nor may it modify in any  way  the  proposed
  group of members.
    2.  All  members  shall continue to hold office until their successors
  are appointed and qualify. Except as otherwise provided  in  subdivision
  three  of this section, 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 authority 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 as set forth in the by-laws of the
  authority shall be established and vested in and  be  exercised  by  the
  members  of the authority at an initial meeting duly called and held and
  five members shall constitute a quorum. No action shall be taken at  the
  aforementioned   initial  meeting  or  any  adjournment  thereof  except
  pursuant to  the  favorable  vote  of  at  least  five  members  of  the
  authority.  Any  amendment  to the aforementioned powers as set forth in
  the by-laws shall only become effective upon the favorable  vote  of  at
  least five members of the authority.
    3.  The  authority  shall have a regional advisory board consisting of
  not less than six non-voting members. The membership shall include,  but
  not  be  limited to, the chairperson of the airline affairs committee of
  the Albany county airport and  other  members,  one  of  whom  shall  be
  appointed  by  the legislative body of the county of Schenectady, one of
  whom shall be appointed  by  the  legislative  body  of  the  county  of
  Saratoga,  one of whom shall be appointed by the legislative body of the
  county of  Rensselaer  and  two  of  whom  shall  be  appointed  by  the
  legislative body of the town of Colonie.
    4.  Notwithstanding any inconsistent provision of any general, special
  or local law, ordinance, resolution or charter, no  officer,  member  or
  employee  of the state or of any public corporation shall forfeit his or
  her office  or  employment  by  reason  of  his  or  her  acceptance  of
  appointment as a member, officer or employee of the authority, nor shall
  service as such member, officer or employee be deemed incompatible or in
  conflict with such office, membership or employment.
    5.  Notwithstanding any inconsistent provision of any general, special
  or local law, ordinance, resolution  or  charter,  no  officer,  member,
  elected  official  or employee of the county of Albany shall be eligible
  to serve as a member of the authority.
    6. All members of the authority will be required to  comply  with  the
  Albany  county  code  of  ethics  and  to  complete all disclosure forms
  required by said code of ethics.
    7. The authority and its  corporate  existence  shall  continue  until
  terminated  by  law,  provided,  however, that no such termination shall
  take effect  so  long  as  the  authority  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  authority,  all  of the rights and properties of the authority then
  remaining shall pass to and vest in the  county  of  Albany  in  such  a
  manner as prescribed by law.
    8.  Within  thirty  days  from the establishment of the authority, the
  county and  authority  shall  undertake  an  environmental  audit  ("the
  audit")  of  the airport and its facilities. The audit shall be prepared
  pursuant to an agreed upon scope of work  between  the  county  and  the
  authority  prior  to  its undertaking and shall be used to establish the
  existing environmental conditions of the airport and its facilities.  As
  a  minimum  the  audit  shall  include,  but  not  be  limited  to,  the
  examination and inspection of all property identified on  the  currently
  approved  airport  layout  plan;  all  property  adjacent to the airport
  layout plan or otherwise used directly  by  the  county  in  support  of
  airport  operations  which  will  continue  to  be made available to the
  authority for the same  purposes  in  the  future;  all  structures  and
  facilities  on said properties including facilities used for the storage
  and handling of aviation, jet, automotive, heating or other  fuel,  oil,
  petroleum  products  or  solvents;  all  storm  water  drainage  systems
  including  oil/water  separators  and  systems  for  the  collection  or
  diversion  of  airport  and  aircraft deicing agents. The results of the
  audit shall serve as a disclosure  statement  and  will  be  taken  into
  consideration  in  any negotiations for any agreement between the county
  and the authority regarding the future operation of the airport.

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