§ 925-L — County of Rockland industrial development agency

* § 925-l. County of Rockland industrial development agency. (a) For\nthe benefit of Rockland county and the inhabitants thereof an industrial\ndevelopment agency, to be known as the COUNTY OF ROCKLAND INDUSTRIAL\nDEVELOPMENT AGENCY, is hereby established for the accomplishment of any\nor all of the purposes specified in title one of article eighteen-A of\nthis chapter. It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall have the powers and duties conferred by\ntitle one of article eighteen-A of this chapter upon industrial\ndevelopment agencies, except as provided herein, and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase or otherwise, shall be limited to the\ncorporate limits of Rockland county, and such agency shall take into\nconsideration the local zoning and planning regulations as well as the\nregional and local comprehensive land use plans.\n (b) It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter,\nexcept that its board shall consist of five members who shall be\nappointed by the county executive, subject to confirmation by the\ngoverning body of Rockland county, for a term of three years, and except\nthat of the members initially appointed to said board, two shall be\nappointed for a term of one year, two shall be appointed for a term of\ntwo years and one shall be appointed for a term of three years.\n (c) The by-laws and any amendment, revision or modification thereof,\nadopted by the board of the agency shall have force or effect only after\nthey have been approved by the governing body and the county executive\nof Rockland county.\n (d) No action taken at any meeting of the board pursuant to\nsubdivisions three and four except for condemnation proceedings, nine,\nten, twelve or thirteen of section eight hundred fifty-eight of this\nchapter shall have force or effect until the county executive of\nRockland county shall have an opportunity to approve or veto the same.\nFor the purpose of procuring such approval or veto, the secretary or\nother officer of the board in charge of the minutes of the proceedings\nof the board shall transmit to the chairman of the county legislature\nand the county executive at their offices a certified copy of the\nminutes of every meeting of the board as soon after the holding of such\nmeeting as such minutes can be prepared. The county executive shall\nwithin ten days, Saturdays, Sundays and public holidays excepted, after\nsuch minutes shall have been delivered to his office as aforesaid, cause\nthe same to be returned to the board either with his approval or with\nhis veto of any action therein recited, provided, however, that if the\ncounty executive shall not return the said minutes within the said\nperiod then at the expiration thereof any action therein recited will\nhave full force and effect according to the wording thereof.\n (e) Any and all transactions of private or non-agency business or of a\nprivate or non-agency commercial nature by and between members of the\nboard and clients of or persons transacting business with the agency\nshall be entered fully and clearly upon the minutes of the next meeting\nof the board.\n (f) The agency shall file with the county legislature and the county\nexecutive a complete financial statement concerning all of its affairs\nwithin thirty days of the end of each of its fiscal years.\n (g) The books and records of the agency shall be audited annually by\nthe department of audit of Rockland county and shall be subject to the\nprovisions of the Freedom of Information Law.\n (h) The agency shall have the power to issue negotiable bonds as\nprovided in title one of article eighteen-A of this chapter, provided,\nhowever, that no projects shall be approved that would result in a net\nloss of jobs in the county and that not more than fifteen per centum of\ncurrent agency indebtedness has been incurred for the financing of\npollution control projects.\n (i) Agency projects and projects promoted, developed and assisted by\nthe agency shall be liable for payment in lieu of taxes in a sum equal\nto the full amount of real property and school taxes that would have\nbeen levied absent agency assistance, or, with the written agreement of\nany applicable taxing jurisdiction, in a sum equal to such lesser amount\nthereof as such taxing jurisdiction may designate. The agency shall\nrequire a beneficiary of financial assistance for projects subject to\npayments in lieu of real property taxes and school taxes to enter into\nan agreement with the agency or with the appropriate taxing\njurisdictions requiring such beneficiary to make payments required by\nthis subdivision. Any sums received by the agency pursuant to such an\nagreement shall be subject to the requirements of subdivision three of\nsection eight hundred seventy-four of this article. Nothing herein\nprovided, however, is to deprive the developer of any abatements granted\nby the state of New York.\n (j) The agency shall not have the power to acquire real property, or\nrights or easements therein, by condemnation.\n (k) Any resolution or resolutions authorizing any bonds or any issue\nof bonds shall not contain provisions, which are a part of the contract\nwith the holders of the bonds thereby authorized, as to limitations on\nthe rights of the agency to restrict and regulate the use of a project.\n (l) Except as otherwise provided in this section, the agency, its\nmembers, officers and employees, and its operations and activities shall\nbe governed by the provisions of title one of article eighteen-A of this\nchapter.\n (m) Notwithstanding any provisions of law to the contrary, for\npurposes of the tax law the county executive shall be designated as the\n"applicable elected representative" with respect to the approval of\nindustrial development bond issues for federal income tax purposes.\n * NB Agency expires per §§ 856 and 882\n