§ 2045-C — Onondaga county resource recovery agency

§ 2045-c. Onondaga county resource recovery agency. 1. A corporation\nknown as the Onondaga county resource recovery agency is hereby created\nfor the public purposes and charged with the duties and having the\npowers provided in this title. The agency shall be a body corporate and\npolitic constituting a public benefit corporation. It shall consist of\neleven members, provided, however, that after July thirty-first,\nnineteen hundred eighty-nine, such board shall consist of fifteen\nmembers, who shall be appointed as follows: (i) four by the county\nexecutive; (ii) three by the chairman of the county legislature; (iii)\ntwo by the mayor of the city of Syracuse, subject to confirmation by the\ncommon council of such city, provided, however, that after July\nthirty-first, nineteen hundred eighty-nine, such mayor may make four\nadditional appointments to the board subject to confirmation by the\ncommon council of such city; (iv) one by the town board of the town of\nCamillus, except that any other provision of any other law to the\ncontrary notwithstanding, this appointment shall expire on July\nthirty-first, nineteen hundred eighty-nine, and replaced by a member to\nbe appointed by the town board of the town in which the agency sanitary\nlandfill portion of the solid waste management-resource recovery\nfacility is designated to be located or is designated as the preferred\nsite by resolution of the county legislature, as provided in subdivision\none-a of this section; and (v) one by the town board of the town of\nOnondaga, except that any other provision of any other law to the\ncontrary notwithstanding this appointment shall expire on July\nthirty-first, nineteen hundred eighty-nine, and be replaced by a member\nto be appointed by the town board of the town in which the agency\nwaste-to energy portion of the solid waste management-resource recovery\nfacility is designated to be located by resolution of the county\nlegislature. The appointments by the county executive and the chairman\nof the county legislature each shall be subject to confirmation by the\ncounty legislature. In making appointments of members, the county\nexecutive and the chairman of the county legislature shall give due\nconsideration to the representation of diverse geographical areas. The\nfirst members appointed by the county executive shall be appointed for\nthe following terms of office: one for a term ending on December\nthirty-first, nineteen hundred eighty-two; one for a term ending on\nDecember thirty-first, nineteen hundred eighty-three; and two for a term\nending on December thirty-first, nineteen hundred eighty-four. The first\nmembers appointed by the chairman of the county legislature shall be\nappointed for staggered terms of office ending on December thirty-first\nin each of the years nineteen hundred eighty-two to nineteen hundred\neighty-four, inclusive. The first members appointed by the mayor of the\ncity of Syracuse shall be appointed for staggered terms of office\nending, respectively, on December thirty-first in each of the years\nnineteen hundred eighty-two and nineteen hundred eighty-three, except\nthat if such appointments were not made prior to such dates, then the\nfirst two members appointed by such mayor shall be appointed for\nstaggered terms of office ending, respectively, on December thirty-first\nin each of the years nineteen hundred ninety and nineteen hundred\nninety-one; and provided further that of the four additional members\nappointed pursuant to this subdivision by such mayor to the board after\nJuly thirty-first, nineteen hundred eighty-nine, two shall be appointed\nfor terms of office ending on December thirty-first, nineteen hundred\nninety-one, and two shall be appointed for terms of office ending on\nDecember thirty-first, nineteen hundred ninety-two. The first member\nappointed by the town board of the town of Camillus shall be appointed\nfor a term of office ending on December thirty-first, nineteen hundred\neighty-two. The first member appointed by the town board of the town in\nwhich the agency sanitary landfill portion of the solid waste\nmanagement-resource recovery facility is designated to be located or is\ndesignated as the preferred site shall be appointed for a term of office\nending on December thirty-first, nineteen hundred ninety-one. The first\nmember appointed by the town board of the town of Onondaga shall be\nappointed for a term of office ending on December thirty-first, nineteen\nhundred eighty-three. Except as provided herein, subsequent appointments\nof members shall be made by the same appointing authorities for a term\nof three years ending in each case on December thirty-first of the last\nyear of such term. No person who has served as a member for two\nconsecutive terms shall be eligible for reappointment as a member for a\nthird term, except after an interval of at least three years. All\nmembers shall continue to hold office until their successors are\nappointed and qualify. Vacancies shall be filled in the manner provided\nfor original appointments. Vacancies, occurring otherwise than by\nexpiration of term of office, shall be filled for the unexpired terms.\nMembers may be removed from office for the same reasons and in the same\nmanner as may be provided by law for the removal of officers of the\ncounty. The members of the agency shall receive no compensation for\ntheir services but shall be reimbursed for all their actual and\nnecessary expenses incurred in connection with the carrying out of the\npurposes of this title. The powers of the agency shall be vested in and\nbe exercised by the governing body at a meeting duly called and held and\nsix members shall constitute a quorum provided that after July\nthirty-first, nineteen hundred eighty-nine, eight members shall\nconstitute a quorum. No action shall be taken except pursuant to the\nfavorable vote of at least six members provided that after July\nthirty-first, nineteen hundred eighty-nine, no action shall be taken\nexcept pursuant to the favorable vote of at least eight members. The\ngoverning body may delegate to one or more of its members, officers,\nagents or employees such powers and duties as it may deem proper.\n 1-a. Pursuant to a resolution adopted by the county legislature on or\nbefore the effective date of this subdivision designating a town as the\npreferred site for the agency sanitary landfill portion of the solid\nwaste management-resource recovery facility, the town board of such town\nmay appoint a member to serve on the agency board until: (a) an explicit\nfinding by resolution of the county legislature with respect to the\npreferred site, pursuant to subdivision eight of section 8-0109 of the\nenvironmental conservation law; or (b) withdrawal of the preferred site\nfrom consideration by resolution of the county legislature and\ndesignation of another preferred site in another town by resolution of\nsuch legislature; or (c) expiration of the term of the member from the\ntown designated as the preferred site, whichever shall occur first. In\nthe event that an explicit finding has not been made by resolution of\nthe county legislature with respect to the preferred site prior to the\nexpiration of the term, the town board of the town designated as the\npreferred site by resolution of the county legislature prior to the\neffective date of this subdivision may reappoint such member or a new\nmember for an additional term not to exceed one year. In the event the\ncounty legislature shall designate another preferred site in another\ntown by a resolution, the term of the member then serving from the town\npreviously identified by such county legislature as the preferred site\nshall terminate on the effective date of such resolution and the newly\ndesignated town shall succeed to the rights of the town initially\nidentified as the preferred site, as shall be true of any subsequent\ntown identified by resolution of the county legislature as the preferred\nsite for the sanitary landfill; provided, however that the first term of\nany such member shall expire on December thirty-first of the year in\nwhich he or she has been appointed. Upon adoption of a resolution by the\ncounty legislature making an explicit finding with respect to the site\nof the sanitary landfill portion of the solid waste management-resource\nrecovery facility, pursuant to subdivision eight of section 8-0109 of\nthe environmental conservation law, the town board of the town in which\nsuch sanitary landfill is designated to be located by such resolution\nmay appoint one member to the agency board to succeed the member\nappointed by the previously identified by resolution of the county\nlegislature as the preferred site for such landfill.\n 2. The officers of the agency shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the agency, and a\nsecretary, who need not be a member of the agency. Such officers shall\nbe appointed by the governing body and shall serve at the pleasure of\nthe governing body. The governing body may appoint and at pleasure\nremove an attorney and an engineer, which positions, in addition to the\nposition of secretary, shall be in the exempt class of the civil\nservice, and such additional officers and employees as it may determine\nnecessary for the performance of the powers and duties of the agency,\nand fix and determine their qualifications, duties and compensation,\nsubject to the provisions of the civil service law. The governing body\nmay also from time to time contract for expert professional services.\nThe treasurer shall execute a bond, conditioned upon the faithful\nperformance of the duties of his office, the amount and sufficiency of\nwhich shall be approved by the governing body and the premium therefor\nshall be paid by the agency.\n 3. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality, or any public benefit\ncorporation, shall forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member, officer, agent or\nemployee of the agency, nor shall service as such member, officer, agent\nor employee be deemed incompatible or in conflict with such office,\nmembership or employment; provided, however, that no public official\nelected to his or her office pursuant to the laws of the state or any\nmunicipality thereof may serve as a member of the governing body of the\nagency during his or her term of office.\n 4. (a) The county executive shall file on or before March\nthirty-first, nineteen hundred eighty-two, in the office of the\nsecretary of state, a certificate signed by the county executive setting\nforth: (1) the name of the agency; (2) the names of the members\nappointed by the county executive and at least three other members of\nthe agency and their terms of office; and (3) the effective date of this\ntitle. The agency shall be perpetual in duration, except that if such\ncertificate is not filed with the secretary of state on or before such\ndate, then the corporate existence of the agency shall thereupon\nterminate and it shall thereupon be deemed to be and shall be dissolved.\n (b) Except as provided in paragraph (a) of this subdivision, the\nagency and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe agency shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the agency, all of the\nrights and properties of the agency then remaining shall pass to and\nvest in the county.\n 5. In addition to any powers granted to it by law, the county\nlegislature from time to time may appropriate by resolution sums of\nmoney to defray project costs or any other costs and expenses of the\nagency, to be incurred prior to the first issuance of bonds. Subject to\nthe rights of bondholders, the county legislature may determine if the\nmoneys so appropriated shall be subject to repayment by the agency to\nthe county and, in such event, the manner and time or times for such\nrepayment.\n 6. The agency shall not be deemed a successor in interest to the\nOnondaga county solid waste disposal authority for any purpose\nwhatsoever. In the event that the county acquires any property from such\nauthority and thereafter transfers such property to the agency, the\nagency shall not by reason of receiving such property become obligated\nfor any indebtedness or liability of such authority. The agency, upon a\ndetermination that it is in the public interest, may assume and pay any\ncompromised or settled claim against such authority which shall be\noutstanding as of the date of the first issuance of bonds. Nothing in\nthis title shall be construed to require the agency to assume any\nliability of such authority.\n 7. It is hereby determined and declared, that the agency and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the county and the state of New York for the\nimprovement of their health, welfare and prosperity and that such\npurposes are public purposes and that the agency is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n