§ 2046-C — The Islip resource recovery agency

§ 2046-c. The Islip resource recovery agency. 1. A corporation known\nas the "Islip resource recovery agency" is hereby created for the\npurposes and charged with the duties and having the powers provided in\nthis title. The agency shall be a body corporate and politic\nconstituting a public benefit corporation. Its membership shall consist\nof a board of five directors comprised, ex-officio, of the members of\nthe town board. A quorum of the governing body shall consist of at least\nthree members for the transaction of any business or the exercise of any\npower. At any meeting of the agency where a quorum is present, the\ngoverning body shall have the power to act by the vote of a majority of\nall its members. The agency may delegate to one or more of its members,\nor its officers, agents or employees, such powers and duties as it may\ndeem proper. No member of the agency shall be appointed or serve as an\nofficer, agent or employee of the agency. The members of the agency\nshall receive no compensation for their services but shall be reimbursed\nfor all their actual and necessary expenses incurred in connection with\nthe carrying out of the purposes of this title.\n 2. The officers of the agency shall consist of a president, executive\nvice-president, treasurer and a secretary appointed by the agency for a\nterm not to exceed five years. The executive vice-president shall\npossess such professional qualifications as shall be established by the\ncommissioner of environmental conservation and shall perform such powers\nand duties with respect to the supervision of design and construction of\nprojects as may be determined by the governing body. The agency may\nterminate the office of executive vice-president at any time after the\ncompletion of construction of any project. The president, treasurer and\nsecretary shall execute bonds, each conditioned on the faithful\nperformance of the duties of his office, the amount and sufficiency of\neach of which shall be approved by the governing body, and the premium\ntherefor shall be paid by the agency. The agency may appoint an\nattorney who may be an officer of the agency, to act as its general\ncounsel. Other officers may be appointed as the agency may deem proper.\nThe agency may also from time to time contract for expert and\nprofessional services. No member of the agency shall be eligible to\nserve as an officer of the agency.\n 3. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any municipality thereof, shall be deemed to have forfeited or shall\nforfeit his office or employment or any benefits provided under the\nretirement and social security law by reason of his acceptance of\nappointment as an officer, agent or employee of the agency, provided,\nhowever, that no member of the town board shall be eligible for\nappointment as an officer, agent or employee of the agency.\n 4. It is hereby determined and declared that the agency and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the town and the state, for the improvement\nof their health, welfare and prosperity and that said purposes are\npublic purposes and that the agency is and will be performing an\nessential governmental function in the exercise of the powers conferred\nupon it by this title.\n 5. The agency and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the agency shall have bonds, notes or other obligations\noutstanding, unless adequate provision has been made for the payment or\nsatisfaction thereof. Upon termination of the existence of the agency,\nall of the rights and properties of the agency then remaining shall pass\nto and be vested in the town in accordance with such law.\n 6. From time to time, the town board may, by resolution, appropriate\nmoneys to be advanced to the agency for the purpose of defraying project\ncosts or any other costs and expenses of the agency. The moneys so\nadvanced shall be repaid by the agency, subject to the rights of the\nholders of any bonds or notes, at such time and in such manner as may be\nagreed upon between the agency and the town board.\n 7. There shall be an annual independent audit of the accounts and\nbusiness practices of the agency performed by independent outside\nauditors. Any such auditor shall serve no more than three consecutive\nyears.\n