§ 878 — Genesee Valley Regional Market Authority

§ 878. Genesee Valley Regional Market Authority. 1. A board to be\nknown as the "Genesee Valley Regional Market Authority" is hereby\ncreated. Such board shall be a body corporate and politic, constituting\na public benefit corporation.\n 2. The board shall consist of fifteen members, as follows:\n (a) The commissioner of agriculture and markets, or his representative\ndesignated in writing by him, shall be a member ex officio.\n (b) The county legislative body of each county shall appoint the\nnumber of members as follows, who shall be residents of the county:\nMonroe county, three members; Livingston county, two members; Ontario\ncounty, two members; Wayne county, two members who shall be residents of\nthat part of Wayne county lying west of the new pre-emption line;\nGenesee county, one member; Orleans county, one member; Steuben county,\none member; Wyoming county, one member; and Yates county, one member.\n 3. One member of the board from each county may be either a producer\nor non-producer of agricultural products; other members from each\ncounty, if any, shall be persons engaged in farming and deriving a\ngreater part of their income therefrom; provided, however, that all\npersons appointed as members of the board after May first, nineteen\nhundred sixty-one, shall be producers of agricultural products who\nactually sell all or part of their produce at regional market facilities\nmaintained and operated by the Genesee Valley Regional Market Authority.\n 4. A member of the board shall continue in office during the pleasure\nof the body appointing him or her. Any vacancy which may occur by reason\nof the death, disqualification, resignation or removal of a member shall\nbe filled by the body which appointed such member. Each member of the\nboard shall, before entering upon the duties of office, take the\nconstitutional oath of office and file the same in the office of the\nsecretary of state. Any member may be removed by the governor for\ninefficiency, neglect of duty or misconduct in office, after a hearing\nupon charges and an opportunity to be heard in person or by counsel upon\nnot less than ten days' notice. The members of the board shall not\nreceive a salary or other compensation, but shall be paid actual\nexpenses incurred in attending meetings of the board and executive\ncommittee and in performing committee work assigned to them by the\nboard, and shall be reimbursed for travel expenses at the per mile rate\nallowed state employees for use of personal vehicles. The powers of the\nauthority shall be vested in and exercised by the board and the\nprovisions of section forty-one of the general construction law shall\napply; provided that the board may delegate to one or more of its\nmembers or to its officers, agents and employees such powers and duties\nas it may deem proper.\n 5. At the first meeting of the board, the board shall choose from\ntheir number a chairman, vice-chairman, secretary, and treasurer who\nshall serve during the pleasure of the board. Before entering upon the\nduties of his office the treasurer shall execute to the authority and\nfile with the secretary of the authority a bond in such sum and with\nsuch sureties as the board shall direct and approve. The board may at\nany time require the treasurer to file a new bond for such sum and with\nsuch sureties as the board shall approve. In the event the surety on any\nsuch bond is a surety company authorized to transact business in the\nstate of New York the expense of procuring such surety, not exceeding\none per centum per annum upon the sum for which the bond is given, shall\nbe a charge against the authority.\n 6. In fulfilling the authority's mission, the board shall work\ncooperatively and in consultation with the department of agriculture and\nmarkets to assure the proper development of agriculture and regional\nmarket facilities, in the Genesee Valley Regional Market District. The\nboard and the department of agriculture and markets shall jointly\ndevelop a plan for the future development and viability of agriculture\nand regional market facilities in the district. Such plan shall include\nboth short term and long term goals and objectives as well as actual and\nprojected revenues and expenditures. Such plan shall annually allocate\nno less than seventy-five percent of the authority's available funds for\nthe creation, development, and enhancement of agriculture and regional\nmarket facilities, in the district. For purposes of this subdivision,\navailable funds shall mean the net amount available after contractually\nobligated expenditures are subtracted from, but not be limited to, cash,\ncash equivalents, certificates of deposit, and other receivables\navailable. The board and department shall meet annually prior to the\nclose of the authority's fiscal year to evaluate the effectiveness of\nthe use of funds for that fiscal year, review the goals and objectives\nof the plan, and properly prepare for the allocation and use of such\nfunds for the next fiscal year. The plan shall be updated annually to\nmake appropriate modifications to such plan for the next fiscal year.\nPrior to any such funds being expended, both the board and the\ndepartment must approve such plan, its goals and objectives as well as\nthe projected revenues and proposed allocations.\n The Genesee Valley Regional Market Authority shall furnish an annual\nreal estate report detailing all real estate holdings and detailed\nproperty information, including but not limited to the tenants,\nimportant lease terms, rents, durations of leases, as well as copies of\neach lease. Notwithstanding any other provision of law to the contrary,\nthe Genesee Valley Regional Market Authority shall furnish all required\nreports, audits, and reviews, including the annual real estate report,\nto all parties enumerated in paragraph (a) of subdivision one of section\ntwenty-eight hundred of this chapter as well as to the department of\nagriculture and markets, within ninety days after the end of its fiscal\nyear.\n