N.Y. Public Authorities Law § 2779: 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.