N.Y. Public Authorities Law § 2045-c: Onondaga county resource recovery agency

§ 2045-c. Onondaga county resource recovery agency. 1. A corporation

known as the Onondaga 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

eleven members, provided, however, that after July thirty-first,

nineteen hundred eighty-nine, such board shall consist of fifteen

members, who shall be appointed as follows: (i) four by the county

executive; (ii) three by the chairman of the county legislature; (iii)

two by the mayor of the city of Syracuse, subject to confirmation by the

common council of such city, provided, however, that after July

thirty-first, nineteen hundred eighty-nine, such mayor may make four

additional appointments to the board subject to confirmation by the

common council of such city; (iv) one by the town board of the town of

Camillus, except that any other provision of any other law to the

contrary notwithstanding, this appointment shall expire on July

thirty-first, nineteen hundred eighty-nine, and replaced by a member to

be appointed by the town board of the town in which the agency sanitary

landfill portion of the solid waste management-resource recovery

facility is designated to be located or is designated as the preferred

site by resolution of the county legislature, as provided in subdivision

one-a of this section; and (v) one by the town board of the town of

Onondaga, except that any other provision of any other law to the

contrary notwithstanding this appointment shall expire on July

thirty-first, nineteen hundred eighty-nine, and be replaced by a member

to be appointed by the town board of the town in which the agency

waste-to energy portion of the solid waste management-resource recovery

facility is designated to be located by resolution of the county

legislature. The appointments by the county executive and the chairman

of the county legislature each shall be subject to confirmation by the

county legislature. In making appointments of members, the county

executive and the chairman of the county legislature shall give due

consideration to the representation of diverse geographical areas. 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-two; one for a term ending on

December thirty-first, nineteen hundred eighty-three; and two for a term

ending on December thirty-first, nineteen hundred eighty-four. The first

members appointed by the chairman of the county legislature shall be

appointed for staggered terms of office ending on December thirty-first

in each of the years nineteen hundred eighty-two to nineteen hundred

eighty-four, inclusive. The first members appointed by the mayor of the

city of Syracuse shall be appointed for staggered terms of office

ending, respectively, on December thirty-first in each of the years

nineteen hundred eighty-two and nineteen hundred eighty-three, except

that if such appointments were not made prior to such dates, then the

first two members appointed by such mayor shall be appointed for

staggered terms of office ending, respectively, on December thirty-first

in each of the years nineteen hundred ninety and nineteen hundred

ninety-one; and provided further that of the four additional members

appointed pursuant to this subdivision by such mayor to the board after

July thirty-first, nineteen hundred eighty-nine, two shall be appointed

for terms of office ending on December thirty-first, nineteen hundred

ninety-one, and two shall be appointed for terms of office ending on

December thirty-first, nineteen hundred ninety-two. The first member

appointed by the town board of the town of Camillus shall be appointed

for a term of office ending on December thirty-first, nineteen hundred

eighty-two. The first member appointed by the town board of the town in

which the agency sanitary landfill portion of the solid waste

management-resource recovery facility is designated to be located or is

designated as the preferred site shall be appointed for a term of office

ending on December thirty-first, nineteen hundred ninety-one. The first

member appointed by the town board of the town of Onondaga shall be

appointed for a term of office ending on December thirty-first, nineteen

hundred eighty-three. Except as provided herein, subsequent appointments

of members shall be made by the same appointing authorities for a term

of three 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 terms shall be eligible for reappointment as a member for a

third term, except after an interval of at least three years. All

members shall continue to hold office until their successors are

appointed and qualify. Vacancies shall be filled in the manner provided

for original appointments. 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

six members shall constitute a quorum provided that after July

thirty-first, nineteen hundred eighty-nine, eight members shall

constitute a quorum. No action shall be taken except pursuant to the

favorable vote of at least six members provided that after July

thirty-first, nineteen hundred eighty-nine, no action shall be taken

except pursuant to the favorable vote of at least eight 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.

1-a. Pursuant to a resolution adopted by the county legislature on or

before the effective date of this subdivision designating a town as the

preferred site for the agency sanitary landfill portion of the solid

waste management-resource recovery facility, the town board of such town

may appoint a member to serve on the agency board until: (a) an explicit

finding by resolution of the county legislature with respect to the

preferred site, pursuant to subdivision eight of section 8-0109 of the

environmental conservation law; or (b) withdrawal of the preferred site

from consideration by resolution of the county legislature and

designation of another preferred site in another town by resolution of

such legislature; or (c) expiration of the term of the member from the

town designated as the preferred site, whichever shall occur first. In

the event that an explicit finding has not been made by resolution of

the county legislature with respect to the preferred site prior to the

expiration of the term, the town board of the town designated as the

preferred site by resolution of the county legislature prior to the

effective date of this subdivision may reappoint such member or a new

member for an additional term not to exceed one year. In the event the

county legislature shall designate another preferred site in another

town by a resolution, the term of the member then serving from the town

previously identified by such county legislature as the preferred site

shall terminate on the effective date of such resolution and the newly

designated town shall succeed to the rights of the town initially

identified as the preferred site, as shall be true of any subsequent

town identified by resolution of the county legislature as the preferred

site for the sanitary landfill; provided, however that the first term of

any such member shall expire on December thirty-first of the year in

which he or she has been appointed. Upon adoption of a resolution by the

county legislature making an explicit finding with respect to the site

of the sanitary landfill portion of the solid waste management-resource

recovery facility, pursuant to subdivision eight of section 8-0109 of

the environmental conservation law, the town board of the town in which

such sanitary landfill is designated to be located by such resolution

may appoint one member to the agency board to succeed the member

appointed by the previously identified by resolution of the county

legislature as the preferred site for such landfill.

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. The governing body may appoint and at pleasure

remove an attorney and an engineer, which positions, in addition to the

position of secretary, shall be in the exempt class of the civil

service, and such additional officers and employees as it may determine

necessary for the performance of the powers and duties of the agency,

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; provided, however, that no public official

elected to his or her office pursuant to the laws of the state or any

municipality thereof may serve as a member of the governing body of the

agency during his or her term of office.

4. (a) The county executive shall file on or before March

thirty-first, nineteen hundred eighty-two, in the office of the

secretary of state, a certificate signed by the county executive setting

forth: (1) the name of the agency; (2) the names of the members

appointed by the county executive and at least three other members of

the agency and their terms of office; and (3) the effective date of this

title. The agency shall be perpetual in duration, except that if such

certificate is not filed with the secretary of state on or before such

date, then the corporate existence of the agency shall thereupon

terminate and it shall thereupon be deemed to be and shall be dissolved.

(b) Except as provided in paragraph (a) of this subdivision, 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, to be incurred prior to the first issuance of bonds. 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. The agency shall not be deemed a successor in interest to the

Onondaga county solid waste disposal authority for any purpose

whatsoever. In the event that the county acquires any property from such

authority and thereafter transfers such property to the agency, the

agency shall not by reason of receiving such property become obligated

for any indebtedness or liability of such authority. The agency, upon a

determination that it is in the public interest, may assume and pay any

compromised or settled claim against such authority which shall be

outstanding as of the date of the first issuance of bonds. Nothing in

this title shall be construed to require the agency to assume any

liability of such authority.

7. 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 of New York 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.