NY Pub Auth L § 2046-C (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-C - Town of Islip Resource Recovery Agency 2046-C - The Islip Resource Recovery Agency.

§  2046-c.  The Islip resource recovery agency. 1. A corporation known   as the "Islip resource  recovery  agency"  is  hereby  created  for  the   purposes  and  charged with the duties and having the powers provided in   this  title.  The  agency  shall  be  a  body  corporate   and   politic   constituting  a public benefit corporation. Its membership shall consist   of a board of five directors comprised, ex-officio, of  the  members  of   the town board. A quorum of the governing body shall consist of at least   three members for the transaction of any business or the exercise of any   power.  At  any  meeting  of  the  agency where a quorum is present, the   governing body shall have the power to act by the vote of a majority  of   all  its members. The agency may delegate to one or more of its members,   or its officers, agents or employees, such powers and duties as  it  may   deem  proper.  No member of the agency shall be appointed or serve as an   officer, agent or employee of the agency.   The members  of  the  agency   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.2. The officers of the agency shall consist of a president,  executive   vice-president,  treasurer and a secretary appointed by the agency for a   term not to  exceed  five  years.  The  executive  vice-president  shall   possess  such professional qualifications as shall be established by the   commissioner of environmental conservation and shall perform such powers   and duties with respect to the supervision of design and construction of   projects as may be determined by the governing body.    The  agency  may   terminate  the  office of executive vice-president at any time after the   completion of construction of any project. The president, treasurer  and   secretary   shall  execute  bonds,  each  conditioned  on  the  faithful   performance of the duties of his office, the amount and  sufficiency  of   each  of  which shall be approved by the governing body, and the premium   therefor shall be paid by  the  agency.    The  agency  may  appoint  an   attorney  who  may  be  an  officer of the agency, to act as its general   counsel. Other officers may be appointed as the agency may deem  proper.   The  agency  may  also  from  time  to  time  contract  for  expert  and   professional services. No member of the  agency  shall  be  eligible  to   serve as an officer of the agency.3.  Notwithstanding  any  inconsistent provisions of this or any other   law, general, special or local, no officer or employee of the state,  or   of  any municipality thereof, shall be deemed to have forfeited or shall   forfeit his office or employment or  any  benefits  provided  under  the   retirement  and  social  security  law  by  reason  of his acceptance of   appointment as an officer, agent or employee of  the  agency,  provided,   however,  that  no  member  of  the  town  board  shall  be eligible for   appointment as an officer, agent or employee of the agency.4. It is hereby determined  and  declared  that  the  agency  and  the   carrying  out of its powers, purposes and duties are in all respects for   the benefit of the people of the town and the state, for the improvement   of their health, welfare and  prosperity  and  that  said  purposes  are   public  purposes  and  that  the  agency  is  and  will be performing an   essential governmental function in the exercise of the powers  conferred   upon it by this title.5.  The  agency  and  its  corporate  existence  shall  continue until   terminated by law, provided, however, that no such law shall take effect   so long as the agency shall  have  bonds,  notes  or  other  obligations   outstanding,  unless adequate provision has been made for the payment or   satisfaction thereof. Upon termination of the existence of  the  agency,   all of the rights and properties of the agency then remaining shall pass   to and be vested in the town in accordance with such law. 6.  From  time to time, the town board may, by resolution, appropriate   moneys to be advanced to the agency for the purpose of defraying project   costs or any other costs and expenses  of  the  agency.  The  moneys  so   advanced  shall  be  repaid  by the agency, subject to the rights of the   holders of any bonds or notes, at such time and in such manner as may be   agreed upon between the agency and the town board.7.  There  shall  be  an  annual independent audit of the accounts and   business practices  of  the  agency  performed  by  independent  outside   auditors.  Any  such  auditor shall serve no more than three consecutive   years.