2051-C*2 - Town of Brookhaven resource recovery agency.

* §  2051-c.  Town  of  Brookhaven  resource  recovery  agency.  1.  A  corporation known as the town of Brookhaven resource recovery agency  is  hereby  created  for the public 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. It  shall consist of seven members comprised, ex officio, of the members  of  the  town board. 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. The powers of the agency shall be vested in  and  be exercised by the governing body at a meeting duly called and held and  four  members shall constitute a quorum. No action shall be taken except  pursuant to the favorable vote of at least four members.  The  governing  body  may  delegate  to  one or more of its members, officers, agents or  employees such powers and duties as it may deem proper.    2. The officers of the agency shall consist  of  a  chairman,  a  vice  chairman  and  a  treasurer,  who  shall be members of the agency, and a  secretary, who need not be a member of the agency. The supervisor  shall  serve  as  chairman.  The  other  officers  shall  be  appointed  by the  governing body and shall serve at the pleasure of the governing body. In  addition to the  secretary,  the  governing  body  may  appoint  and  at  pleasure  remove  an  attorney, engineer and executive director and such  additional officers and employees as it may determine necessary for  the  performance  of  the  powers  and  duties of the agency, which positions  shall be in the exempt class of civil  service  and  fix  and  determine  their qualifications, duties and compensation, subject to the provisions  of  the civil service law. The governing body may also from time to time  contract for expert professional services. The treasurer shall execute a  bond, conditioned upon the faithful performance of  the  duties  of  his  office,  the  amount  and  sufficiency of which shall be approved by the  governing body and the premium therefor shall be paid by the agency.    3. Notwithstanding any inconsistent provisions of any general, special  or local law, ordinance, resolution or charter, no  officer,  member  or  employee  of  any  municipality or any public benefit corporation within  the county of Suffolk or any adjoining county, shall forfeit his or  her  office  or  employment by reason of his or her acceptance of appointment  as a member, officer, agent or employee of the agency, nor shall service  as such member, officer, agent or employee be deemed incompatible or  in  conflict  with such office, membership or employment. Provided, however,  that a full time officer, member or employee shall not be compensated in  the aggregate in an amount in excess  of  such  officer's,  member's  or  employee's  full  time  compensation without the express approval of the  town board.    4. (a) The supervisor shall file on or  before  July  first,  nineteen  hundred  eighty-nine,  in  the  office  of  the  secretary  of  state, a  certificate setting forth: (1) the name of the agency; (2) the names  of  the  members; and (3) the effective date of this title. The agency shall  be perpetual in duration, except that if such certificate is  not  filed  with  the  secretary  of state on or before such date then the corporate  existence of the agency shall thereupon terminate and it shall thereupon  be deemed to be and shall be dissolved. Upon such termination,  all  the  rights and powers of the agency shall pass to and vest in the town.    (b)  Except  as  provided  in  paragraph  (a) of this subdivision, 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  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  therights  and  properties  of  the agency then remaining shall pass to and  vest in the town.    5. In addition to any powers granted to it by law, the town board from  time  to  time  may  appropriate  by  resolution sums of money to defray  project costs or any other costs and expenses of the agency. Subject  to  the rights of bondholders, the town board may determine if the moneys so  appropriated  shall  be  subject  to repayment by the agency to the town  and, in such event, the manner and time or times for such repayment.    6. It is hereby determined and  declared,  that  the  agency  and  the  carrying  out  of  its  powers  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 such 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.    * NB There are 3 § 2051-c's